(1) These terms and conditions apply to contracts between the Translator and his Client, unless otherwise expressly agreed or legally required.
(2) Terms of the Client are only binding for the Translator if he has expressly acknowledged them.
- Scope of the Translation contract
The translation is carried out carefully in accordance with the principles of proper professional practice. The Client receives the contractually agreed copy of the translation.
Cooperation and obligations of the Client
(1) The Client must inform the Translator in due time about the required forms of the translation (purpose, delivery on data carriers, number of copies, printing, other forms of the translation etc.). If the translation is to be printed, the Client shall provide the Translator with a proof prior to printing, so that the Translator can correct any errors. Names and numbers are to be checked by the Client.
(2) The Client will provide information and documents that were necessary to prepare the translation to the Translator when the order is available (client’s terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
(3) Errors and delays arising from the lack of or delayed delivery of information and instructions are not at the expense of the Translator.
(4) The Client assumes the liability for the rights to a text and ensures that a translation must be drawn up. The Translator is released from any third party claims.
- The Client’s rights in case of errors
(1) The Translator reserves the right to correct errors. The Client shall initially only be entitled to the removal of any possible errors in the translation.
(2) The right to rectification of errors must be asserted by the Client, specifying the defect.
(3) If the Translator does not eliminate the errors within a reasonable time or they refuse to remedy the errors, they will be deemed as having failed. The Client may choose to have the errors corrected by another translator at an expense or choose to reduce the payment amount or withdraw from the contract. The correction of faults is considered failed if the translation still contains errors after several attempts.
(1) The Translator is liable in cases of gross negligence. Faults that have been caused by computer failure and malfunctions when transmitting e-mails or by viruses are not classified as gross negligence. The Translator takes necessary precautions by using antivirus software. Liability for slight negligence applies exclusively in case of violation of key obligations.
(2) The Client’s claim against the Translator for compensation under No. 5 (1) clause 4 damage caused is limited to EUR 5,000; In individual cases the express agreement of a higher claim for damages is possible.
(3) The exclusion or limitation of liability according to no. 5 (1) and (2) does not apply to damage to a consumer from the injury to life, limb or health.
(4) Claims of the Client against the Translator for errors in the translation (§ 634a BGB) shall expire unless there is malice, one year after acceptance of the translation.
(5) Liability for consequential damages is limited contrary to § 634a BGB of the statutory limitation period. This shall stay as § 202 1 BGB.
The Translator undertakes to maintain secrecy concerning all facts that become known to him in connection with an activity for the Client.
- Involvement of third parties
(1) The Translator is entitled to draw in staff or specialist third parties to perform the contract.
(2) With recourse to a qualified third party, the Translator has to ensure the secrecy according to commitment number 6.
(1) The calculations of the Translator are due and payable in full within 14 days after the invoice date.
All prices are plus statutory VAT.
(3) The Translator, in addition to the agreed fee, is entitled to reimbursement of expenditures incurred and agreed with the Client. In all cases, the value added tax, where legally required, is charged additionally. The Translator may request a reasonable advance on extensive translations. The Translator can agree with the Client in writing beforehand, that the delivery of the work depends on the full payment of the previous fee.
(4) If the amount of the fee is not agreed, a customary fee, by type and difficulty, is owed. This does not fall below the applicable rates of the Judicial Remuneration and Compensation (JVEG).
- Retention of title and copyright
(1) The translation remains the property of the Translator until payment is complete. Until then, the Client has no right of use.
(2) The Translator reserves the copyright.
- Right of withdrawal
As far as the giving of a translation order is based, when the Translator has offered to do translations on the Internet, the Client waives his right of withdrawal in the event that the Translator has started the translation work and has notified the Client thereof.
- Applicable law
(1) German law applies to the order and all claims arising therefrom.
(2) Place of performance is the residence of the Translator or their professional establishment.
(3) Jurisdiction is in the place of performance.
(4) The language of the contract is in German.
The validity of these conditions will not be affected by the invalidity or ineffectiveness of individual regulations. The ineffective provision shall be replaced by a valid one which comes closest to the economic outcome or the desired purpose.
- Changes and additions
Changes and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to any amendment to this clause.