General Terms and Conditions
1. General Conditions i) Our terms and conditions apply to all business dealings
involving our Clients, unless alternative agreements have been made with us or are defined by law. ii) The Client's terms and conditions shall only apply where expressly acknowledged by us. 2. Scope of Contract The Contract will be fulfilled thoroughly according to the principles of proper professional conduct. The Client will receive the translation/interpreting service
contractually agreed upon. 3. Client's Obligation to Co-operate and the Supply of Information i) The Client is obliged to inform us in time about special requirements regarding the translation (data
format, number of copies, fair copy, layout of the translation, etc.) or the interpreting service (technical equipment on site, etc.). If the translation is intended for publishing purposes, the Client is obliged to
provide the translator with a proof copy for control purposes prior to publication. ii) The Client must provide us, of his own accord and in good time, all the information and documents necessary for
doing the translation/interpreting service, for example, Client's glossaries, illustrations, diagrams, tables, etc. iii) With words of various meanings, where the meaning only becomes apparent on the basis of the
context or a diagram, for example, the translator is not held responsible for an incorrect translation if this information has not been provided to the translator. iv) We shall not be liable for any
errors resulting from the non-compliance with these responsibilities. 4. Third Party We reserve the right to employ the services of a Third Party should we consider it necessary. We are only
responsible for careful selection. Contact between the Client and the Third Party, designated by us, requires our express approval. In principle, business dealings shall be solely between the Client and ourselves.
5. Deadlines The delivery dates given are made at the time
to the best of our knowledge and belief. They will always be expected delivery dates only. A delivery is considered to having been realised after the translation has been demonstrably dispatched to the Client (issue
protocol). 6. Correction of Mistakes i) The translator reserves the right to correct mistakes. The Client is entitled to correction of an incorrect translation. The Client must assert his right to
correction of a mistake by expressing the exact nature of that mistake. ii) If the correction or replacement is proven to be unsuccessful the legal guarantees shall apply, in the absence of alternative
agreements between the Client and ourselves. 7. Liability
We are liable only in cases of gross negligence and intention; liability in cases of slight negligence is only accepted if contractual duties are
neglected. 8. Disturbances, Force Majeure, Closing or Limitation of Services, Network or Server Problems, Viruses
We are not liable for damages that may occur if our office closes due to force majeure
(e.g. natural disaster, industrial disputes, network or server problems, other transaction or transmission disturbances or other circumstances beyond our control). In such cases, we reserve the right to withdraw from a
contract or to set a new delivery date. The same applies if we close our services, partially or fully. We are not liable for damages from computer viruses. Deliveries by e-mail or any other data transfer device must be
checked for completeness by the client. Claims for damages can otherwise not be accepted.
9. Postal Delivery, Electronic Transmission Postal delivery or electronic
transmission is at the Client's risk. We are not responsible for loss or damage incurred during delivery.
10. Confidentiality We are bound to confidentiality of all details that our Client
entrusts us with. However, due to the electronic transmission of text between the client and us as well as possible third party translators, we cannot guarantee total protection of trade secrets, since it is not
possible to exclude the possibilty of unauthorised third parties gaining access to the text during transmission. Co-operation with colleagues who are also subject to professional confidentiality is not a breach of this
confidentiality clause. 11. Payment i) Payment is due immediately after acceptance of the completed translation/interpreting service. The acceptance must take place within a reasonable period. ii) Over and above the agreed fee, the translator/interpreter is entitled to reimbursement of expenditure incurred, where this has been agreed with the Client in advance. If legally required, VAT will be
charged in addition to the fee. In the case of extended translations, the translator is entitled to an advance payment, where this is objectively necessary to fulfil the Contract. In special cases, he or she may make
the delivery of the work conditional upon the receipt of the full payment of his or her fee. iii) If size and degree of difficulty of the translation exceeds what was agreed upon when placing the order,
or deadlines are advanced, the translator is entitled to negotiate additional charges in accordance with the additional work. iv) Clients from outside Germany are requested to pay either by bank transfer
or Eurocheque (in EUR). The costs which are hereby incurred are to be borne by the client.
12. Reservation of Ownership and Copyright i) The translation remains our property
until we have received full payment. Up to this point the Client has no right to use the translation. ii) The copyright is reserved to the translator. 13. Jurisdiction i) The Contract
and all further dealings between the Client and ourselves are bound by German law exclusively. ii) Should one term or more be declared invalid, no other terms shall be affected. |