Terms and Conditions

1. Scope

   1. The following General Terms & Conditions apply to business between [client name] (hereinafter "Translator") and [client name] (hereinafter "Client"), unless otherwise explicitly agreed upon by the parties or had been irrevocably fixed by law.
   2. The General Terms & Conditions of the Client shall not apply to any dealings if the Translator has specifically agreed to them.

2. Obligations of the Translator

   1. The Translator shall perform the translation accurately and in accordance with the principles of good professional practice. The Client receives the translation as contractually agreed.

3. Obligations of the Client

   1. The Client shall deliver the text to be translated as well as any information that is required for the translation, purpose of the translation, delivery in data medium, number of copies, readability, form, style of the translation etc. It is intended that should the translation be printed, the Client will provide the Translator with a copy for correction in good time prior to final printing to allow the Translator to correct possible errors. Numbers and names shall be checked by the Client.
   2. Information and documents which are necessary for performing the translation (glossaries, pictures and images, charts etc.) will be provided to the Translator by the Client when placing the order.
   3. The translator shall not be liable for any errors and delays resulting from failure to supply or delay in supplying information or the defined delivery of information and instructions.
   4. The Client is liable to ensure that the text provided does not infringe any third party copyright. The Client releases the Translator from any such third party claims.

4. Correction of defects in translation

   1. If the text delivered is defective, the Translator shall have the right to undertake the necessary correction. In the first instance, the Client only has the right to request the correction of possible defects.
   2. If the Translator does not perform the necessary correction within a reasonable period of time, or refuses to do so, or if repair attempts are deemed to have failed, after having consulted with the Translator, the Client is entitled to arrange for a third party to correct the translation at the Translator's expense, or require a reduction in the Translator's fee or withdraw from the contract. The above-mentioned claims shall not extend to defects which are solely related to individual stylistic changes or abbreviations (correction attempt).

5. General liability of the Translator

   1. The Translator shall be liable for instances of intent or gross negligence. Gross negligence does not cover damage resulting from technical problems with computers or the internet and/or e-mail, computer viruses, e-mail viruses or on-line delivery. No deduction, the Translator is obliged to take necessary precautions to avoid using anti-virus software. Liability for simple or minor negligence is applicable only when significant contractual obligations have been breached.
   2. The Client's claims against the Translator for damages according to provision 5a) are limited to € 5,000 compensation unless agreed otherwise by the parties.
   3. The limitation of compensation mentioned in provision 5b) shall not apply to damage to life, body or health.
   4. Any claim of the Client's remedy for a translation shall become time-barred twelve months after delivery of the translation unless such defects are caused by fraud.

6. Confidentiality

   1. The Translator guarantees to treat as strictly confidential any information, data or documents received from the Client.

7. Confidentiality and data protection

   1. The Translator shall keep confidential any information that has become acquainted with in relation with his work for the Customer, whatever for the Customer indicates the confidentiality of such information or where the nature of the information requires it is confidential.
   2. With the signing of the order, the Customer agrees to the electronic processing and archiving of his personal data and other data insofar as is required for the Translator in connection with the order and for its processing. The order, subject to the German statutory provisions on personal data protection.
   3. Subject to objection by the Customer, the Customer is deemed to consent to the mention of his name on a reference customer list on the Translator's website under the "Customers" tab. The Customer may withdraw his consent without mention of the name of the firm at any time.

8. Outsourcing

   1. The Translator is entitled to employ a third party to act as a substitute and to instruct another translator to either fully perform the translation. Such subcontractors shall also be subject to confidentiality.

9. Translation fees

   1. The Translator is entitled to issue a part-invoice for partial deliveries within 14 days of the date of delivery.
   2. In the event of a subsequent change to the text by the Customer of additional content exposure personally notified to the Client with respect to large-scale translations, the Translator is entitled to demand a reasonable advance payment. The parties may also agree in writing that the translation will only be delivered after receipt of the payment by the Translator.
   3. If the amount of the fee is not agreed upon, the Client shall pay the Translator an appropriate remuneration corresponding to the nature and difficulty of the services rendered. In this case, the rate shall not be lower than those specified by German law on the Judicial Remuneration and Compensation Act (Gesetz über die Vergütung von Sachverständigen - JVEG).

10. Reservation of title and copyright

    1. Until full payment has been made, the translation remains the property of the Translator. Until then, the client does not have any right to use the translation.

11. Translator's copyright to the translation

    1. The Translator reserves copyright in the translation.

12. Severability clause

    1. Should any provisions of these General Terms & Conditions be or become void, the validity of the remaining provisions shall not be affected thereby. The void provision shall be replaced by a valid provision that comes closest to the commercial intention of the purpose of the agreement.

13. Applicable law

    1. The German General Terms & Conditions as well as all claims arising therefrom or connected therewith to the Federal Republic of Germany, agreement shall be subject to German law.

14. Modifications and supplements

    1. Modifications and supplements to a service agreement must be made in writing. The same applies to any modification of this written form requirement.