ExecutionBasis of CalculationDuties of the ClientData Privacy and ProtectionDeliveryLiabilityPlace of Execution, Place of Jurisdiction, EnforceabilitySeverability ClauseGeneral ConditionsTranslations are a particular type of service and because of that can only be executed under the following terms and conditions. We ask for your understanding that we cannot accept any different terms and conditions that might be stated on any documentation provided by the client.
Execution Every translation we execute has been prepared to the best of one’s knowledge. If there are no special instructions or documents attached by the client, we will translate your document into a version that is generally understandable and acceptable, and lexically justifiable. If specially instructed by the client or determined by the use of the document, translations are prepared in a literal or mentality-minding sense.
If the translator was to be held liable for the infringement of a copyright, the client is obliged to exempt said translator from that liability in full. No liability can be assumed for mistakes in translation caused by incorrect or incomplete information, or deficient original text. This also remains true for unreadable names and numbers in certificates or similar documentation. Liability for the loss of text or documentation given to the translator caused by burglary, theft, fire, water, storm or loss due to the mailing provider cannot be assumed. The translator reserves the right to reject the translation of a text (in verbal and written form) without having to indicate a reason. In case the client has particular instructions and special requests regarding the execution of a translation (layout, terminologies etc.) but did not mention those prior to giving his order to the translator or wishes to have modifications done to the already executed translation, the translator is allowed to issue a separate invoice, reissue or modify the first one. The warranty obligation for the translator in this case will be inapplicable. If texts are supposed to be for public use, for example in advertising, it is the client’s duty to check such text for suitability. A translation can always just constitute a qualified draft for such intended use. The decision to use the translation for said purpose is incumbent upon the client and changes of a text of such kind do not constitute remedy at the expense of the translator but an order extension at the expense of the client. We do not assume liability for translated general terms and conditions and other texts of legal nature. We only translate the content of the documents provided by the client - but cannot assure judicial correctness. The validation of legal texts is responsibility of the client and the executing translator cannot be charged. Due to this fact we ask you to have texts – if necessary- judicially verified (e.g. lawyer).
Compensation and Basis of Calculation We calculate our fees based on either an offer prepared in advance, or prepared right after the execution of the translation. Invoices are due immediately and no later than 14 days after the billing date. The invoice amount is to be paid in full without any deductions via wire transfer or in cash. Ongoing translation requests that go over a longer period of time may be invoiced using partial invoicing depending on the degree of completion of the respective translation work to be provided. Independent of all prior or future invoices, the amount payable is due under the same conditions mentioned above.
Under special circumstances, for example in the case of an initial offer by an unknown client without proof of sufficient funds, different terms of payment may be applicable such as advance payment or cash on delivery. We hope you understand that we ask all of our new clients for advance payment due to our past business experiences. It is in no way designed to discriminate against you but constitutes a measure of precaution for us.
For projects following the first one the following terms and conditions will be applied: Contract value up to 500 EUR – advance payment of 60% of the invoice amount as stated in the advanced offer Contract value of 501 EUR or more – advance payment of 80% of the invoice amount as stated in the advanced offer The full payment of the remaining invoiced amount is due after the translation execution. However, we are not opposed to negotiating different down-payment options with you if those are agreed on in writing. Don’t hesitate to ask us for it!
The size of the translation is based on the amount of standard lines of the executed translation. A standard line consists of 55 characters. Standard pages of 15 lines are counted as a full standard page. The consignee is entitled to a reimbursement of all accrued expenses in relation to the contract besides the translation fee that has been agreed on. Translation corrections are invoiced depending on time and effort. In addition to the agreed fees other incidental charges may be added such as postage or phone, traveling expenses, overnight stays, photocopies, notarizations etc. If there is no agreement on fees, it is the client’s responsibility to compensate the translator adequately and conventionally according to type and complexity of the translation. The minimum compensation as stated by the German law for experts, interpreters and translators (Justizverguetungs- und Entschaedigungsgesetz- JVEG) is to be applied as adequate and conventional compensation. All offers and prices are subject to change. The prices are understood in EURO (EUR) if no other currency has been agreed on.
Duties of the Client The client is responsible for letting the translator know of special requests covering the execution of the translation when placing an order (translations on data storage media, ready for press, layout, number of copies etc.). The client has to furnish the translator with all necessary information and documents (business glossaries, exhibits, drafts, abbreviation explanations etc.) unasked and in due time. A statement of the client that the executing translator will be able to find specific terminology on the Internet will be accepted as a suggestion but not as supply of such terminology. Accordingly, the executing translator is allowed to invoice is effort and time for terminology research as well. In addition, it is the client’s duty to constructively participate in the execution of a translation and is supposed to appoint a qualified contact person for questions. If the client fails to provide such assistance, the translator is allowed to dismiss the contract after the expiry of an appropriate respite that the client has received written notice of. The entitlement of compensation and reimbursement of the expenses accrued and possible damages during the participation remains and also remains if the translator does not make us of his right to terminate the contract. The translator cannot be accused of damages and mistakes as a consequence of the aforementioned unfulfilled client responsibilities. The client acknowledges and accepts the general terms and conditions mentioned with placement of an order.
Data Privacy and Protection The translator commits to treating to documents provided by a client as confidential. He is allowed, however, to make such texts available to possible subcontractors. With the following, the client is informed according to § 34 Abs. 1 of the German Data Protection Act, that the translator is automatically processing his address in a machine-readable form for tasks stemming from the contract. If there are no other agreements, all documents will remain with the translator after execution of the translation and will, including the translation, be preserved assuring confidentiality and compliance with the data protection act by storing or saving them for 10 years. After the expiry of said duration, the documents will be destroyed. The delivery of data via email cannot be classified as confidential. If the client expressively wishes to do so, he assumes full and sole responsibility. The translator cannot be held liable for the breach of confidentiality or other consequences and costs if data sent via email is damaged, copied or misdirected.
Delivery Delivery is usually carried out unencrypted using remote transmission or via email unless the client has given different instructions. The delivery liability transfers to the client when the executed translation is sent of via email, handed to the post office or to a client’s messenger.
Notice of Defects
In the case that a translation is subject to obvious factual or errors in writing the client is responsible for letting the translator know immediately including the details of such errors. The translator reserves the right to make corrections in an appropriate time frame in accordance with the German Civil Law Code. There is no reason that can result in a deduction of fees or refusal to pay whether the client allows wishes or circumvents a correction.
If the translator does not have the possibility to make a correction within an appropriate time period, modification or compensation for damages is excluded and impossible. Reclamations of any type can only be enforced within one month of delivery.
Liability Each translator assumes liability for the translations executed by him/her. This fact is separately ruled with each translator in the so called “cooperation agreement” and is legally binding.
Cancellation If the client cancels an already requested order without being authorized by law or contract, he is obliged to reimburse all expenses that have accrued up to the cancellation and already executed translation work will have to be paid.
Place of Jurisdiction, Place of Execution and Applicable Law
German law is applied to the order and all of its resulting tasks. The place of execution and place of jurisdiction of all titles and all disputes resulting between the parties as a consequence of the contract covering the formation, execution, or the termination, is the place of residence of the translator. If a clause of these terms and conditions should be deemed invalid it won’t affect the validity of all other clauses. Instead of the invalid terms, ersatz conditions should be established that are similar or which might have been agreed on by the parties to achieve the same economic and/ or business goals if they had known of said invalidity. The same holds true for the insufficiencies of terms and conditions, respectively.
Severability Clause In the event that individual terms of this contract are invalid or not feasible or become invalid or not feasible after contract formation, the effectiveness of the remainder of the contract stays untouched. Instead of the invalid terms, ersatz conditions should be established that are similar or which might have been agreed on by the parties to achieve the same economic and/ or business goals if they had known of said invalidity. The same holds true for the insufficiencies of terms and conditions, respectively.
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