General Terms and Conditions
- 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.
- General terms and conditions of the customer are only binding for the translator if she has expressly accepted them.
2. Scope of the Translation Contract
The translation is carefully carried out according to the principles of proper professionalism. The customer receives the contractually agreed-on copy of the translation.
3. The Customer’s Duty to Participate and Inform
- 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 prior to printing so that the translater can correct any errors on time.
- The customer makes any kind of information and/or documents necessary for the preparation of the translation (terminology of the customer, pictures, drawings, tables, abbreviations, internal terms, etc.) available to the translator when assigning the contract.
- The translator shall not be held responsible for errors and delays resulting from the lack of or delayed delivery of information material and instructions.
- 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 third parties’ claims.
4. The Customer’s Rights in Case of Deficiencies
- The translator reserves the right to subsequent fulfillment. The customer is initially only entitled to correction of possible deficiencies contained in the translation.
- The claim to subsequent fulfillment must be made by the customer stating the exact deficiencies.
- If the translator does not correct the claimed deficiencies within an appropriate time period or if she refuses to correct the deficiencies or the correction of the deficiencies that are considered as having failed, the customer can have the deficiencies corrected by another translator after a hearing of of the translator and at 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.
- The translator is liable in case of gross negligence and intent. Not to be classified as gross negligence are damages caused by computer failures and transmission problems (e,mail, fax) or by viruses. The translator guards against this with appropriate anti-virus software. Liability in case of slight negligence applies exclusively in case of Violation of Primary obligations.
- The customer’s claim for compensation against the translator of damages according to no. 5 is limited to EUR 5,000; in individual cases an explicit Agreement on a higher damage claim is possible..
- The exclusion or the limitation of the liability according to No. 5 does not apply to damages of a consumer from injury to life, body, or health.
- 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. This term only applies to contracts with companies and not to contracts with consumers).
- Liability for consequential damages is contrary to § 634a of the German Civil Law Code [BGB] restricted to the legal limitation period. § 202 sec. 1 of the German Civil Law Code [BGB] remains unaffected by this.
The translator promises to maintain confidentiality of all facts that become known to her in connection with an activity for the customer.
7. Involvement of Third Parties
- The translator is entitled to enlist colleagues or expert third parties for the completion of the contract.
- When enlisting expert third parties, the translator has to ensure that they commit to discretion according to No. 6 of these Terms and Conditions.
- The invoices of the translator are due and payable without deductions within 14 days of the invoice date.
- 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. The translator can demand an appropriate advance in case of extensive translations. The translator can arrange with the customer previously in writing that the delivery of her translation depends on the prior payment of her full fee.
- If the amount of the fee is not arranged, a compensation appropriate and usual according to type and difficulty is owed. The amount of this compensation shall not be lower than the respectively applicable rates of the German Judicial Remuneration and Compensation Act (JVEG).
9. Reservation of Ownership and Copyright
- The Translation remains the property of the translator until complete payment has been received. Until then, the customer has no right of utilization.
- 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 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.
11. Applicable Law
- The contract and all claims resulting from it are subject to German law.
- Place of performance and fulfillment is the residence of the translator or her registered office.
- Plase of jurisdiction is the place of fulfillment.
- The contract language is German or English.
12. 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.
13. 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.