1. Scope
These terms and conditions apply to contracts between the translator and the client, unless otherwise expressly agreed or prescribed by law.
The client’s general terms and conditions shall only be binding on the translator if they have been expressly accepted by the translator.
2. Scope of the Translation Project
The translation shall be carried out carefully in accordance with the principles of proper professional practice. The client receives the contractually agreed copy of the translation.
3. Obligation of the Client to Cooperate and Provide Information
The client must inform the translator in due time about the required delivery forms of the translation (intended use, delivery on data carriers, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the client shall provide the translator with a proof in due time before printing so that the translator can correct any errors. Names and numbers shall be reviewed by the client.
The client shall provide the translator with the information and documents required to prepare the translation when placing the order (client terminology, illustrations, drawings, tables, abbreviations, in-house terminology, etc.).
Errors and delays resulting from the lack of or delayed delivery of information material and instructions shall not be borne by the translator.
The client assumes liability for the rights to a text and ensures that a translation may be produced. The client indemnifies the translator against any claims by third parties.
4. Client’s Rights in the Case of Errors
The translator reserves the right to remedy errors. The client shall initially only have the right to correction of possible errors in the translation.
The client must assert the right to rectification of errors by specifying the error in detail.
If the translator does not remedy the claimed errors within a reasonable period of time or if the translator rejects the correction of the errors or if the correction of the errors is to be regarded as having failed, the client may have the errors corrected by a different translator at the expense of the translator after having heard the translator, or alternatively demand a reduction in payment or withdraw from the contract. The rectification of errors shall be deemed to have failed if the translation continues to show errors even after several attempts at rectification.
5. Liability
The translator is liable for gross negligence and intent. Not to be classified as gross negligence are damages caused by computer failures and transmission errors during e-mail transmission or by viruses. The translator shall take precautions against such damage. Liability in the case of slight negligence shall apply exclusively in the event of breach of primary obligations.
The client’s claim against the translator for compensation for damage caused in accordance with No. 5 (1) Sentence 4 shall be limited to EUR 2,000; in individual cases, the express agreement of a higher compensation claim shall be possible.
The exclusion or limitation of liability pursuant to No. 5 (1) and (2) shall not apply to damages to a consumer resulting from injury to life, limb or health.
Claims of the client against the translator due to defects in the translation (§ 634a BGB) shall become statute-barred one year after acceptance of the translation, unless fraudulent intent exists.
Contrary to § 634a BGB, liability for consequential damages is limited to the statutory limitation period. This shall not affect § 202 para. 1 BGB (German Civil Code).
6. Professional Confidentiality
The translator undertakes to maintain secrecy about all facts that become known to them in connection with an activity for the client.
7. Third Party Cooperation
The translator shall be entitled to call in employees or expert third parties to carry out the order.
If expert third parties are used, the translator shall ensure that they agree to confidentiality in accordance with No. 6.
8. Payment
The translator’s invoices are due and payable without deduction immediately upon receipt of the invoice.
Unless otherwise stated, all prices are net prices plus statutory VAT.
In addition to the agreed fee, the translator is entitled to reimbursement of the expenses actually incurred and agreed with the client. In all cases, VAT will be charged in addition where required by law. In the case of extensive translations, the translator may demand an appropriate advance payment. The translator may agree with the client in advance in writing that the delivery of his work is dependent on the prior payment of his full fee.
If the amount of the fee has not been agreed, a reasonable and customary payment shall be due according to type and difficulty. This fee shall not fall below the applicable rates of the German Justice Remuneration and Compensation Act (JVEG).
9. Retention of Title and Copyright
The translation remains the property of the translator until full payment has been received. Until then, the client has no right of use.
The translator reserves any copyright that may have arisen.
10. Right of Withdrawal
Insofar as the placing of the translation order is based on the fact that the translator has offered the production of translations on the Internet, the client waives his possibly existing right of revocation in the event that the translator has begun with the translation work and has informed the client of this.
11. Applicable Law
German law shall apply to the order and all resulting claims.
The place of performance shall be the translator’s place of residence or the registered office of his professional branch.
The place of jurisdiction shall be the place of performance.
The contract language is German.
12. Salvatory Clause
The validity of these order conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic result or the intended purpose.
13. Amendments and Supplements
Amendments and supplements to these GTC are only valid if they have been agreed in writing. This also applies to changes to the written form requirement itself.