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Terms and conditions

I. Scope
These terms and conditions of business shall be accepted by the client once he has awarded The contract and shall apply to the entire period of the business relationship. Alterations and supplementary agreements must be made in writing. The general terms and conditions of the client shall only be binding for the contractor if he has expressly accepted them.


II. Scope of the translating contract / order confirmation

The translation shall be executed with due diligence in accordance with the principles of proper practice of the profession. The client shall receive the contractually agreed copy of the translation. Only the content of the written order confirmation by the contractor shall be considered to be contractually agreed. The order confirmation shall specify the scope of the services to be rendered; the date of receipt of the original text and all documents required for the contractor; date of arrival of translation at the client in the agreed form of delivery (in writing, as facsimile or by e-mail); remuneration, additional services; agreement concerning the use of certain hardware or software; means and methods of payment. Any alterations required by one of the contractual parties and/or deviating agreements require the written confirmation by the other contractual party for them to become effective.


III. Obligation of the client to co-operate and provide information

The client must inform the translator in good time about special forms of execution of the translation (translation on data carriers, number of copies, whether it requires to be ready for printing, appearance of the translation, etc.). If the translation is to be printed, the client must pass on a proof copy to the translator. Information and documents which are required for the translation must be provided by the client without being asked and in good time (client''s glossaries, abbreviations, pictures, tables, etc.). Errors which arise due to the non-compliance with these duties shall not be borne by the translator.


IV. Execution by third parties

The contractor shall be entitled to make use of third parties to fulfil his duties. The contractor shall only be liable to the client for the diligent selection. The contractor shall be obliged to claims for damages against the third party.


V. Delivery periods / partial deliveries

Delivery periods shall be stated to the best of the contractor''s knowledge and belief and are only probable delivery dates. They shall not be regarded as binding assurance. The client is obliged to accept any partial deliveries at the agreed conditions. In the case of any delay for which the contractor shall be responsible and impossibilities, the client shall only be entitled to withdraw from the contract if the delivery date has been exceeded by an unreasonable period of time by the contractor and the client has given the contractor a period of grace in electronic or written form.


VI. Removal of defects

The client must make a notification of defects in writing stating the specific defects. In the case of obvious defects, all notifications of defects are excluded after a period of two weeks after the translation has been transmitted or after the service has been rendered and in the case of hidden defects after two weeks after they have been discovered. The contractor shall reserve the right to rework the translation and/or provide a replacement delivery. In the case that the reworking or replacement delivery fail, the statutory guarantee regulations shall become applicable unless a different agreement has been made.


VII. Liability / compensation

The client shall only be liable in the case of gross negligence or intent. Liability for slight negligence shall only occur in the case of violation of fundamental duties of the contract. The contractor shall not be liable for damages which arise due to interruptions in his business, especially by force majeure, e.g. natural events and traffic problems, network or server faults, possible other line and transmission errors and other obstacles which are not the responsibility of the contractor. In these cases the contractor shall be entitled to withdraw completely or partially from the contract. The same shall apply if, for an important reason, the contractor shall suspend or limit completely or partially for a single day or for a specified period of time his business, especially his online service. The contractor shall not be liable for damages which have been caused by computer viruses. The contractor checks his computer system (networks, work stations, programs, files etc.) regularly for viruses.
In the case of files being delivered by e-mail, modem or any other form of long distance transmission, the client shall be responsible for the final inspection of the transmitted files and texts. Claims for damages in the case of faulty transmission shall be excluded on principle.
The contractor shall not be liable for delays or faulty execution which arise from the incorrect, incomplete, misunderstandable and/or illegible information provided by the client. In the case of slight negligence, liability shall be limited to twice the invoice value of the service or delivery, however, up to a maximum of € 10,000.00 (in words: ten thousand Euros). In the case that the client publishes the text to be translated or shall use it for advertising purposes, and has not informed the contractor of this purpose when awarding the contract, compensation is excluded for damages arising from a translation error or faulty adaptation which is turn means that the publication or advertisement must be repeated. In this case the contractor shall reserve the right arising from the violation of copyright regulations.


VIII. Confidentiality duties

The contractor shall undertake to keep confidential all facts that he shall gain knowledge of in connection with his activities for the client. The client is aware of the fact that in the case of electronic transmission of texts and data and any other communication in electronic form, the contractor cannot guarantee absolute protection of business and information secrets and other confidential data and information as it is impossible to guarantee that unauthorized third parties access the transmitted texts electronically. In these cases the contractor shall not be liable for any damages arising.


IX. Remuneration

Remuneration is due immediately after the invoice has been issued unless other payment dates have been expressly agreed. In the case of default in payment, the contractor is entitled to withdraw from the contract after a suitable period of grace has passed or to claim damages for non-fulfilment. In addition, after notifying the client, he shall be entitled to exercise the right of retention for all remaining deliveries or to demand an advance payment. The client who is in default, is obliged to return any delivered translations which are still covered by reservation of title upon request. In addition, the contractor is entitled to demand payment of all unpaid invoices including payment of those which are not yet due. In the case of default of payment or deferred payment, the contractor is entitled to charge the usual interest for loans charged by the banks from the day of default onwards. In addition to the agreed remuneration, the contractor is entitled to the reimbursement of the actually incurred expenses agreed with the client. In the case of contracts with private clients, turnover tax is included in the final price - but is detailed separately on the invoice. In all other cases, it is calculated in addition if legally necessary. In the case of extensive translations, the contractor can demand an advance payment which is objectively necessary for the execution of the translation. In well-founded cases, he can make the handing over of his work dependent on the prior payment of his full remuneration.
If the amount chargeable has not been agreed, payment appropriate and usual for the type and difficulty of the work is due. The rates listed in the statutes for reimbursement of witnesses and experts shall be considered a minimum of what is appropriate and usual.


X. Reservation of title and copyright

Until the full amount due has been paid, the translation shall remain the property of the translator. Up until then the client shall have no right of utilization. The translator shall reserve copyright.


XI. Applicable Law / Effectiveness

German law shall apply to this contract and all resulting claims. The effectiveness of these contractual conditions shall not be affected by the ineffectiveness and invalidity of individual terms.


XII. Place of jurisdiction

The residence of the contractor shall be the exclusive place of jurisdiction for both contractual parties.


XIII. Alterations to the general terms and conditions of business

The client shall be notified in writing of any changes in the general terms and conditions of business. They shall be considered to have been agreed to if there has been no objection in writing within two weeks of the notification of the alterations.


 

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