Terms and conditions
(1) These Terms and Conditions apply to contracts between the translator and the customer, insofar as no other agreements have been made or are legally mandatory.
(2) General Terms and Conditions of the customer are only binding for the translator, if he/she has explicitly agreed to them beforehand in writing.
2. Scope of the Translation Contract
1) Each translation is produced with the necessary care and diligence. This includes a thorough spelling and grammar check as well as various computerised checks. However, the translator cannot guarantee a completely error-free translation.
(2) The customer receives the contractually agreed-on copy of the translation.
(3) Should the original text contain passages whose meaning is unclear, the translator reserves the right to check back with the customer. The translator may, however, choose to translate the passage(s) in question to the best of his/her ability according to what appears to be, in his/her opinion, their intended meaning.
(4) For the customer’s convenience, projects are also accepted by phone or other informal means of communication. Any problems resulting from this, however, are at the customer’s expense.
3. Customer’s Duty to Participate and Inform
(1) The customer has to inform the translator on time of the desired format of the translation (purpose, delivery on data media, number of copies, readiness for printing, external format of the translation, etc.). If the translation is assigned for printing, the customer gives the translator a proof sheet on time prior to printing so that the translator can correct any errors. Names and numbers are to be reviewed by the customer.
(2) The customer makes information and documents that are necessary for the preparation of the translation available to the translator when assigning the contract (terminology of the customer, pictures, drawings, tables, abbreviations, internal terms, etc.).
(3) The translator shall not be held responsible for errors and delays that result from the lack of or delayed delivery of information material and instructions.
(4) The customer takes on the liability for the rights to a text and ensures that a translation may be prepared. He/she relieves the translator from corresponding claims of third parties.
4. Customer’s Rights in Case of Deficiencies
(1) The translator reserves the right to subsequent fulfillment. The customer is initially only entitled to correction of possible deficiencies contained in the translation.
(2) The claim to subsequent fulfillment must be made by the customer stating the exact deficiency.
(3) If the translator does not correct the claimed deficiencies within an appropriate time period or he/she refuses to correct the deficiency or correction of the deficiency is to be considered as having failed, the customer can have the deficiencies corrected by another translator after a hearing of the contractor and at his/her expense or demand alternatively the reduction of the compensation or withdraw from the contract. The correction of deficiencies is considered as having failed if even after several correction attempts the translation continues to contain deficiencies.
(1) The translator is liable in case of gross negligence and intent. Not to be classified as gross negligence are damages that are caused by computer failures and transmission problems when sending e-mails or by viruses. The translator guards against this with anti-virus software. Liability in case of slight negligence applies exclusively in case of violation of primary obligations.
(2) The customer’s claim for compensation against the translator of damages according to No. 5 (1) sentence 4 is limited to EUR 5,000; in individual cases an explicit agreement on a higher damage claim is possible.
(3) The exclusion or the limitation of the liability according to No. 5 (1) and (2) does not apply to damages of a consumer from injury to life, body, or health.
(4) Claims of the customer against the translator because of deficiencies of the translation (§ 634a German Civil Law Code [BGB]) fall under the statute of limitations within one year after acceptance of the translation, as far as no fraudulent intent exists. (Please note: This term only applies to contracts with companies, however, not to contracts with consumers.)
6. Professional Confidentiality
The translator promises to maintain confidentiality of all facts that become known to him/her in connection with an activity for the customer.
7. Involvement of Third Parties
(1) The translator is entitled to enlist colleagues or expert third parties for the completion of the contract.
(2) When enlisting expert third parties, the translator has to ensure that they commit to discretion according to No. 6.
(1) The invoices of the translator are due and payable without deductions within 30 days after the invoice date.
(2) In addition to the agreed-on fee, the translator is entitled to the reimbursement of actually incurred expenses that are agreed on with the customer. In all cases, the value-added tax, as far as legally required, is calculated additionally.
(3) If the amount of the fee is not arranged, a compensation appropriate and usual according to type and difficulty is owed. This compensation is not less than the respectively applicable rates of the German Judicial Remuneration and Compensation Act (JVEG).
9. Reservation of Ownership and Copyright
(1) The translation remains the property of the translator until complete payment has been received.
(2) The translator reserves the right to any generated copyright.
10. Right of Withdrawal
As far as the awarding of the translation contract is based on the translator’s offer of the preparation of translations on the Internet, the customer renounces his/her possibly existing right of withdrawal in case the translator has started the translation work and notified the customer hereof.
If work is commissioned and subsequently cancelled, the customer shall pay the translator a sum equal to the proportion of the completed work.
12. Applicable Law
(1) The contract and all claims resulting from it are subject to German law.
(2) The contract language is German or English.
13. Severability Clause
The validity of the remaining provisions of these General Terms and Conditions shall remain unaffected if individual provisions are rendered void or invalid. Any void provision is to be replaced with another provision permitting as closely as possible the same economic success.
14. Changes and Amendments
Changes and amendments of these General Terms and Conditions are only valid if they have been agreed-on in writing. This also applies to changes of the requirement for written form.
Version dated 24 January 2015