Translation is a special type of service that can only be carried out to these terms and conditions. Other conditions, even if expressly stated on the order form used in the order, do not apply unless we expressly confirm these terms and conditions in writing.
Our General Terms and Conditions apply to all business transactions with customers, and are valid from 1 January 2001.
1. Basis of calculation
Billing will depend on volume and level of difficulty; we usually bill by the number of standard lines (fifty-five characters including spaces) in the target text.
Cost estimates are approximate; we reserve the right to assess the difficulty level and apply surcharges as reasonable and appropriate.
Surcharges of 25% to 100% may be charged by prior arrangement for express orders.
Any translation or other related service such as typing, correcting, interpreting or similar as charged on an hourly basis will be charged at the hourly rate agreed beforehand. If agreed as a billing basis, the price per page refers to a standard page according to DIN (twenty-five lines of text at fifty-five characters each line, including spaces). Standard pages at fifteen lines and over are considered as full pages.
Travel times such as on-site contractor deployment, collection, or delivery will be billed according to the agreed hourly rate plus actual documented travel costs or mileage allowance equal to the current valid rate per kilometre travelled for travel by car. Expenses for packaging, postage, digital media and similar will be billed at cost.
All offers and prices are subject to change, and are quoted net in euros unless otherwise agreed. No deductions or discounts for prompt payment shall be granted unless expressly agreed.
We reserve the right to demand payment in advance, especially for new customers, or a reasonable down payment. Instalments for the amount of text translated or an initial deposit may be charged for larger translation orders. Retail customers will be required to pay in advance.
2. Minimum fee
A minimum charge will be charged per order according to the prices applicable.
Unless otherwise agreed, fees for translation will be due for immediate payment net cash without deductions. Default interest will be charged from the thirty-first day in arrears after bill receipt in accordance with recent EU legislation and German Civil Code [BGB] §284 Para 3 and §288 Para 1.
Agreed partial deliveries shall be billed pro rata for work done with each partial delivery. We may request a reasonable advance down payment to cover costs for large orders with long delivery periods. We reserve the right to deliver the next part of the translation once payment has been made on the preceding part (delivery vs. payment). We reserve the right to charge interest for payment in arrears at the interest rate charged by merchant banks on credit lines plus VAT from the default date.
4. Retention of title
The deliveries remain our property until the fee has been paid in full.
5. Copyright and usage rights
Copyright reserved. Rights to the use of the translation will only be transferred to the customer on full payment.
6. Delivery deadlines and delivery
Delivery deadlines shall usually be regarded as binding. The deadline is considered as met once the final order has been delivered such that the customer would be expected to have received delivery by that deadline allowing for the shipping or postal periods for the method of delivery. We reserve the right to withdraw from the contract or request a reasonable grace period in cases of force majeure (traffic disruption, loss of power, sudden illness, strikes and other industrial disturbances, official injunctions, breakdown of important means of communication and similar); the same shall apply if force majeure should apply to our subcontractors. The customer is entitled to withdraw from the remaining parts of the contract if force majeure should continue for an extended period. Any further rights (especially compensation claims) shall be excluded.
All translations shall be performed to the best of our knowledge and ability. Any specialist terms shall be translated using lexicographically justifiable or generally understandable terms in the target language unless special instructions or documents are included in the order. Translations shall be performed literally or according to the sense communicated by the text depending on the intended purpose of the translation. The customer shall indemnify us from any liability for any possible copyright violation resulting from the completed translation for any reason. Glossaries compiled during a translation shall remain our property.
We cannot entertain liability for errors in translation resulting from incorrect or incomplete information or erroneous originals from the customer. This especially applies to illegible names or numbers in certificates or similar documents. We expressly exclude any and all liability for the loss of submitted texts and documents due to burglary, theft, fire, water, storm or loss in the post.
We reserve the right to refuse to translate texts without giving reasons at any time.
8. Customer obligations
The customer shall inform us of any additional requirements such as translation on digital media, ready for print, layout, number of copies on ordering, and shall provide any additional information and documents such as in-house glossaries, illustrations, drawings, explanations of abbreviations voluntarily and on time as necessary to perform the contract. The customer shall engage constructively in the execution of the translation work and appoint a competent contact for questions on the subject matter concerned. The customer shall provide us with an original and a copy as text for translation and working basis for books and extensive publications; these shall remain our property after completion of the work along with at least two free specimen copies unless otherwise agreed in writing. We shall be entitled to terminate the contract if the customer should fail to comply after a reasonable period of grace; we reserve the right to claim for compensation for damages arising from additional costs or any other damages arising from the customer’s failure to meet customer obligations, even if we do not exercise our right to terminate the contract. We will not accept responsibility for any errors arising from non-compliance with these obligations by the customer. The customer accepts these Terms and Conditions on placing an order.
We undertake to treat translatable texts and any knowledge we may gain from the contract as confidential; however, we reserve the right to pass texts on to subcontractors.
Unless otherwise agreed, we shall retain all of the documents, including translations, for five years after completion of the contract in compliance with the confidentiality and data protection regulations. The documents shall be destroyed or files erased after this period.
Unless the customer has instructed otherwise, the translations shall be shipped as unencrypted data files to the customer using data transfer or e-mail. The transport risk shall be transferred to the customer once the translated text has been sent by e-mail, handed in for posting at the post office, or has been collected by an employee of the customer. We will, at our convenience, replace any works lost in the post or by the employee of the customer collecting the translated text; however, the customer shall not have any legal entitlement to replacement. In particular, the customer shall not be entitled to compensation for damages for lost documents or for exceeding any agreed delivery deadline.
11. Complaints and remediation
We will deliver a complete and grammatically correct translation matching the sense of the original for the purpose of information according to the principles of proper professional conduct and to the best of our knowledge and capability unless special agreements on the qualitative requirements on our language services have been made. Any specialist terms shall be translated using lexicographically justifiable or generally understandable terms in the target language unless special instructions or documents have been included in the order. We cannot entertain any liability for errors in translation resulting from illegible, incorrect or incomplete originals from the customer, or errors in our customer’s own terminology. This applies mutatis mutandis to any interpretation services.
The customer shall lodge any complaints in writing and without delay, specifying the faults. We shall at our own discretion be entitled to remedy, reduce the order value, or rescind the contract at our discretion for complaints from the customer concerning major objectively verifiable deficits in the translation. The customer shall allow a reasonable period for us to remedy the fault according to the German Civil Code. We shall not entertain further claims, including claims for damages for non-performance. Complaints shall be lodged within seven days after delivery of the translation or other service; the customer shall waive any and all claims resulting from faults or deficits in the delivery after this period.
12. Guarantee, liability, damages
The translation agency shall liable for gross negligence and intent up to the maximum of the order value. Liability for ordinary negligence shall only apply on violation of material contractual obligations.
A guarantee for the printable quality of a translation can only be accepted in the event that the customer has expressly informed us in writing of this requirement in the order and submitted the proofs for correction (including content) allowing us a reasonable period to review the text. Failure of the customer to satisfy this obligation shall render any guarantees or claims for damages arising from the translation invalid; such liability specifically includes loss of profits, savings, claims from third parties, and indirect and consequential damages.
13. Third-party performance
We may commission services from contractors to carry out all transactions as we consider necessary and appropriate; we shall only be liable for due care in contractor selection, which shall be satisfied if the third party is a translator or interpreter certified for deployment before court for the language concerned. The customer may only contact a contractor on our prior consent; the contractual relationship shall exist between the customer and translation agency only.
14. Certified translations
Translations shall be provided with a translator’s certification on request at a surcharge of €5.00 plus VAT per document and copy, which will be billed separately from the agreed translation fee. We shall accept no liability for the correct rendering of names and addresses in hand-written documents; this also applies to illegible personal names and numbers in civil status certificates or other documents.
The customer shall remunerate us for any costs and performance rendered on cancellation of an order placed by the customer without the customer’s statutory or contractual entitlement to withdraw the order. However, at least 25% of the contract’s total value shall be due immediately to compensate for costs incurred by processing the order and loss of earnings. Cancellations of booked interpreters and/or translators shall be charged at 50% up to five days before the booked date and 75% at up to three days before the booked date. Later cancellations shall be charged for the full amount since we will also have concluded similar contracts with our interpreters and/or translators.
16. Legal and court jurisdiction, place of performance
The place of performance and court jurisdiction shall be Mainz. The law of the Federal Republic of Germany shall apply.
Any terms or provisions in this contract that should provide invalid shall not apply to the remaining provisions. A valid term matching the legal and business intent invalid term mutatis mutandis shall be regarded as having been agreed upon. This shall not apply where persevering with the contract would constitute an undue burden on either party.
18. Changes to the Terms and Conditions
Any changes to the Terms and Conditions shall be communicated to the customer in writing, and deemed approved if the customer does not lodge a written objection to such changes in writing within two weeks after notification.
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