General Terms and Conditions of Business

The following General Terms and Conditions of Business apply to customers based in Germany. In cases of doubt, the conditions of business referred to in the order form shall apply.

1. Area of applicability

(1) These order conditions shall apply to contracts between the translator/copywriter (hereinafter referred to as the service provider) and his/her client, in the absence of any other explicit agreement or statutorily enforceable provision.
(2) The conditions of business of the client shall only be binding on the service provider where they have been explicitly recognised as such.

2. Scope of translation/copywriting order

The translation/copywriting order (hereinafter referred to as the service) shall be fulfilled with care according to the principles of orderly professionalism. The client shall receive the contractually agreed fulfilment of the service.

3. Client’s duty of co-operation and briefing

(1) The client shall provide information to the service provider in good time as to the required form of fulfilment of the service (purpose, target group, delivery on data media, number of copies, readiness for printing, external form of the service, etc.) Where the service is intended for printing, the client shall furnish the service provider with a proof in good time before going to press, so that the translator is able to correct any errors that may exist. Names and quantities shall be checked by the client.
(2) Information and documentation necessary for provision of the service shall be made available by the client to the service provider upon granting the order (client’s terminology, images, diagrams, tables, abbreviations, internal terms etc.)
(3) Errors and delays resulting from faulty or delayed delivery of informational material and instructions shall not be for the account of the service provider.
(4) Where the service involves preparation of a translation, the client shall assume liability for the rights to a text and shall ensure that the translation may be prepared. The client shall indemnify and hold harmless the service provider from the corresponding claims of third parties.  

4. Rectification of defects

(1) The service provider shall prepare a translation or text that meets the requirements as closely as possible. Where the translation or text contains factual, linguistic, orthographic or typographic errors, the client shall immediately provide notice of same in writing. In this case, the client shall receive a corrected version at no charge in a reasonable period of time. Dispensing with a corrected version shall not entitle the client to reduce the fee or to refuse payment.
(2) Claims for subsequent performance shall be asserted by the client within seven working days while providing exact details as to the defect. Failure to do so shall mean that claims for defectiveness can no longer be asserted.
(3) Where the service provider fails to rectify the defects within a reasonable period of time or refuses to rectify same or the rectification is considered as having been unsuccessful, statutory guarantee rights shall be revived, to the extent that no agreement to the contrary has been concluded.

5. Delivery

(1) The service provider shall furnish the client with delivery dates to the best of his/her knowledge. Delivery dates shall always be regarded purely as provisional deadlines.

(2) The client shall only be entitled to withdraw from the contract if the delivery date has been exceeded by an unreasonable length of time and if the client has previously set a reasonable written deadline for subsequent performance.

(3) Delivery by post or an electronic medium shall be at the client’s risk. The service provider shall not be liable in the event of faulty or unsuccessful transmission of documents or for their loss or damage during transmission, by either electronic or non-electronic means.

6. Liability

(1) The service provider shall only be liable in the case of gross negligence or wilful intent. Damages resulting from computer failure and transmission failures in sending emails or from viruses shall not be classified as gross negligence. The service provider shall take steps to counter this by using anti-virus software. Liability for insignificant negligence shall only apply in the event that fundamental obligations are breached.
(2) The service provider shall not be liable for errors caused by incorrect or incomplete information from the client or faulty source text.
(3) Where a service is intended to be printed and the client fails to furnish the service provider with a proof in good time before start of printing, all defects shall be for the account of the client.
(4) Breaches of copyright or the rights of third parties during preparation of translations shall always be for account of the client.
(5) Where problems occur in the handling of an order, the service provider shall always attempt to find a mutually acceptable solution in consultation with the client.

7. Professional secrecy

The service provider shall be obliged to maintain secrecy of all matters that he/she  becomes aware of in connection with activities performed for the client.

8. Assistance of third parties

(1)  The translator shall be entitled to involve employees or professional third parties in the fulfilment of the order.
(2) Where professional third parties are involved, the service provider shall ensure that these parties are obliged to secrecy pursuant to item 7.

9. Remuneration

(1) Invoices from the service provider shall be due and payable without deduction within 10 days of date of invoice.
(2) All prices shall be deemed to be net and exclusive of statutory value-added tax.
(3) In addition to the agreed fee, the service provider shall have a claim to remuneration of actual costs incurred, as arranged with the client. VAT shall in all cases be invoiced in addition, to the extent that this is required by law. The service provider may request an appropriate advance in the case of extensive services. The service provider may agree in writing with the client in advance that handover of his/her output is dependent on prior payment of the entire fee.
(4) Where the amount of the fee has not been agreed, an appropriate remuneration that is in line with the type and degree of difficulty shall be due. This amount shall not be less than the rates applicable in accordance with the Judicial Remuneration and Compensation Act (JVEG.

10. Retention of title and copyright

(1) The service shall remain the property of the service provider until full payment has been effected. The client shall have no right of usage until this time.
(2) The translator shall retain the right to any ensuing copyright.

11. Right of withdrawal

To the extent that commissioning of the services order is based on the service provider offering the fulfilment of his/her service on the internet, the client shall waive any possible existing right of revocation in the case that the service provider has commenced with fulfilment of the service and has informed the client to this effect.

12. Applicable right

(1) German law shall apply to the order and any claims resulting therefrom.
(2) The contract language is German.
(3) Place of jurisdiction shall be Berlin.

13. Salvatory clause

The effectiveness of these order provisions shall not be affected by the invalidity or ineffectiveness of individual provisions. The ineffective provision shall be replaced by one that is valid and most closely approximates the commercial result or intended purpose.

14. Changes and supplements

Changes and supplements to these General Terms and Conditions shall only be valid where they are agreed to in writing. This shall also apply to modification of the requirement for the written form itself.