1. Scope of Application
(1) These terms and conditions apply to contracts comprising translations or translation related services (hereinafter referred to as "Translation") closed between Übersetzungen vom Fach (hereinafter referred to as "Translator") and the Customer. Where the Customer, after having been advised of the application of these terms and conditions and having been offered the possibility to take notice, orders a translation from the Translator, these terms and conditions shall become part of the contract unless otherwise agreed upon in writing.
(2) Any terms and conditions used by the Customer shall be of application only where the Translator expressly accepts such terms and conditions in writing. |
2. Translator's Obligations
(1) The Translator shall produce the translation accurately and in accordance with the accepted standards of the profession. If the Customer requires a specific quality standard, e. g. as described in DIN EN 15038, the production of the translation according to such quality standard shall be expressly agreed upon in writing prior to the production process.
(2) The Translator shall provide the Customer with the translation in the form (e. g. file format) agreed upon. |
3. Customer's Obligations
(1) The Customer shall include in his enquiry, or at the latest in his order, all information regarding the form of the translation, the intended use and the date of delivery desired.
(2) If it is agreed that the Customer shall supply information necessary or useful for the translation, such as terminology databases or glossaries, styleguides, illustrations or charts, etc., such information shall be supplied to the Translator forthwith after the closing of the contract. The Translator shall not be deemed liable for any faults in or delays of the translation caused by such information being delivered to the Translator late or not at all, and the Translator shall not be deemed liable for such faults in or delays of the translation caused by queries to the Customer answered late or not answered at all.
(3) The Customer shall be liable for providing a source text that may be translated without any infringement of intellectual property rights, such as copyrights. The Customer shall indemnify the Translator and hold him harmless from any claims or liability based on such infringement.
(4) If the Customer intends to print the translation, he shall provide the Translator with a proof in due time, so that any faults in the translation can be corrected prior to printing. The same shall apply to other forms of publication, e. g. in the Internet, in a suitable fashion. The Customer shall cross-check names and numbers prior to printing or publishing.
(5) If the Customer revises the translation, he shall provide the Translator with a final version including any adjustments made.
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4. Translation faults
(1) Where a fault in the translation occurs, the Customer shall first request the correction of the fault from the Translator. In such request, the fault in question shall be specified by the Customer.
(2) If the Translator does not correct the fault denoted to him within due time, if he refuses to correct the fault or if the attempts of the Translator to correct the fault are deemed frustrated, the Customer shall have the right, subject to prior notice to the Translator, to order a correction of the fault by a third party translator at the Translator's cost or to demand a reduction of the price or to withdraw from the contract. The attempts of the Translator to correct the fault shall be deemed frustrated if the translation still contains faults after having been revised twice by the Translator. |
5. Disclaimer and Limitation of Liability
(1) Where an infringement of accessory contractual obligations occurs, the Translator shall not be liable unless he acted with gross negligence or intent. Any damages caused by computer defects, defaults in the transmission of emails or computer viruses shall not be deemed to have been caused involving gross negligence. The Translator shall use up-to-date software to protect his computer against viruses.
(2) The Translator's liability for claims for damages shall be limited to the amount of damages typically involved in this type of contract and predictable, unless he acted with gross negligence or intent; for any damages exceeding such amount, the Translator shall only be liable where his professional liability insurance covers such damage.
(3) The disclaimer according to subsection 1 and the limitation of liability according to subsection 2 of this section shall not apply where the Customer is a consumer claiming damages for an injury of life, body or health. |
6. Prescription
Unless the Translator acted with intent, the prescription period for claims based on faults in the translation shall be one year and it shall begin with the acceptance of the translation by the Customer. |
7. Confidentiality and data protection
(1) The Translator shall keep confidential any information that he becomes acquainted with in relation with his work for the Customer, whenever the Customer indicates the confidentiality of such information or where the nature of the information suggests it is confidential.
(2) With the placing of the order, the Customers agrees to the electronic processing and archiving of his personal and other data insofar as it is disclosed to the Translator in connection with the order and it is required for processing the order, subject to the German statutory provisions governing data protection.
(3) Unless he objects to this, the Customer is deemed to consent to the mention of his name or firm as a former customer on the Translator's website under the "Customers" tab. The Customer may withdraw his consent and/or demand removal of his name or of the firm at any time. |
8. Translation by Employees or Subcontractors
The Translator shall have the right to produce the translation with the help of employees or competent subcontractors. Where the Translator chooses to do so, he shall ensure that such employees or subcontractors shall also be obliged to maintain confidentiality, as specified in section 7. |
9. Remuneration
(1) In addition to the remuneration agreed upon for the translation, the Translator shall be entitled to reimbursement of any costs and expenses incurred in for the production of or in relation with the translation, subject to prior arrangement with the Customer.
(2) The Translator may ask an advance prior to beginning with the translation, especially in the case of large-scale translations. Furthermore, the Parties may agree that the transfer of the translation to the Customer is subject to prior payment in full.
(3) If the remuneration for the translation has not been fixed, the Customer shall pay to the Translator such remuneration as is adequate and customary with respect to the type and difficulty of the translation in question. Such remuneration shall at the least amount to the prices laid down in the Judicial Remunerations and Compensations Act (Justizvergütungs- und Entschädigungsgesetz, JVEG) (currently sect. 11 of the JVEG).
(4) Where applicable, VAT will be charged in addition to the remuneration agreed upon and will be displayed on the invoice as a separate item. |
10. Retention of Title and Copyright
(1) The translation shall remain the Translator's property until the remuneration is paid in full. Up until that moment, the Customer shall have no right to use the translation.
(2) The Translator reserves the copyright in the translation. He also reserves the copyright and related property rights in any files and data bases (e.g., translation memory files) created in connection with the translation. |
11. Renunciation of Right of Withdrawal
Where the Customer's order was based on the fact that the Translator offers translation services in the Internet, the Customer may be entitled to withdraw from the contract under certain circumstances specified by German law. The Customer shall renounce such right of withdrawal if the Translator has already started to produce the translation and informed the Customer thereof. |
12. Applicable Law, Competent Courts
(1) For any and all claims arising from a translation contract between the Translator and the Customer or in relation with it German law shall apply.
(2) The place of performance shall be Cologne, Germany, and the courts of Cologne shall be competent for any disputes arising from such translation contract or in relation with it.
(3) The German version of such translation contract and of these terms and conditions shall be binding, the English version shall be for convenience only. |
13. Severability Clause
Where any stipulation of these terms and conditions is held void or invalid, the remaining stipulations shall remain in effect. The Parties shall undertake to substitute the stipulation held void or invalid by a valid one which serves the intended commercial and legal aims as closely as possible. The same shall apply in the case of the unintended omission of a stipulation. |
14. Amendments
All amendments to these terms and conditions shall be invalid unless agreed upon in writing. The same shall apply to the stipulation requiring such amendments to be in writing. |
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