(1) These terms and conditions are applicable for contracts between the translator / interpreter and the client, unless otherwise explicitly agreed or is legally and indispensably stipulated.
(2) The client’s terms and conditions shall only be binding on the translator / interpreter if accepted expressly in writing.
The translation shall be performed with due care in accordance with the standards of proper professional practice. The client shall receive the contractually agreed translation.
(1) The client shall inform the translator / interpreter in a timely manner about the desired form of the translation (intended use, delivery on data storage media, number of copies, print readiness, form of the translation, consecutive/ simultaneous interpreting etc.). If the translation is intended for printing, the client shall timely provide the translator a proof sheet before submitting it for printing thus enabling the translator to correct any errors. Names and figures are to be checked by the client.
(2) The client shall provide information and documents required to perform the translation / implement the interpreting assignment (client’s terminology, illustrations, drawings, tables, abbreviations, internal definitions, etc.) when placing an order.
(3) The translator shall not be deemed liable for errors and delays arising from missing or delayed information and instructions.
(4) The client assumes the liability for the rights of use of the text and makes sure that the translation of the respective text is legal. The customer releases the translator/ interpreter from any third-party claims related to copyright and privacy laws.
(1) The translator / interpreter reserves the right to rectification. At first, the client shall only be entitled to rectification of the errors inherent in the translation.
(2) The right to rectification shall be asserted by the client while providing exact details about the defect.
(3) If the translator / interpreter does not rectify the asserted defects within an adequate period of time or declines the rectification, the client is entitled to have the errors rectified by another translator / interpreter, following consultation with the assigned translator / interpreter and at the expense of the latter. Point 5 (2) applies here.
(1) The translator / interpreter shall be only liable for gross negligence and intentional breach of duty. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by malware (viruses, trojans etc.) are not considered as gross negligence. To avoid the risk of virus infection the translator will use anti-virus software. Liability in cases of slight negligence shall only apply in the event of violation of primary duties.
(2) The client’s claim for damages against the translator / interpreter according to 5 (1) is limited to the amount of the order value (in EUR without VAT).
(3) The exclusion or limitation of translator’s / interpreter’s liability according to 5 (1) shall not apply to damages to consumer’s life, body or health.
(4) The client’s claims against the translator / interpreter for errors in the translation (§ 634a BGB, German Civil Code) are subject to a limitation period of one year from the date of acceptance of the translation.
The translator / interpreter shall not disclose any facts revealed in connection with the activities performed for the client.
(1) The translator / interpreter is entitled to involve coworkers and qualified third parties in order to execute the order.
(2) When using the services of qualified third party’s translator / interpreter shall ensure that these undertake to comply with the secrecy clause according to item 6.
(1) The translator’s / interpreter’s invoices are due for payment in full within the payment period indicated in the invoice.
(2) In addition to the agreed payment the translator / interpreter shall be entitled to reimbursement of any expenses actually incurred and agreed upon with the customer. In every case, VAT will be charged in addition if legally required. The translator / interpreter may request an adequate advance payment.
(3) If no agreement has been made as to the amount of the payment, an amount that is deemed appropriate and usual for the type and difficulty of the translation order shall be paid. This fee is equivalent to the respective rates in accordance with the German Judicial Remuneration and Compensation Act (JVEG).
(1) The translation remains property of the translator / interpreter until full payment has been received.
(2) The copyright for the translation remains with the translator / interpreter, unless otherwise agreed.
If the placing of a translation order is based on the fact that the translation services have been offered by the translator / interpreter in the internet, the client renounces his possibly established revocation right, in case the translator / interpreter has already started the translation work and has informed the client about that.
(1) German law shall be applicable for the order and all claims resulting from it.
(2) The contract language is German, English or Russian.
The effectiveness of these general terms and conditions is not affected by the ineffectiveness of individual clauses. The ineffective clauses shall be replaced with an effective one that is closest to the economic result or the goal.
Modifications and amendments shall only be valid if these are agreed in writing. The same applies also for cancellation or amendment of the requirement for written form itself.
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