Terms and Conditions

(1) These terms and conditions of engagement apply to contracts between the translator and the client, unless expressly agreed otherwise or mandatorily required by law.

(2) The client’s general terms and conditions shall only be binding on the translator if the translator has expressly accepted them.

The translation will be carried out with due care in accordance with the principles of proper professional practice. The client shall receive the contractually agreed version of the translation.

(1) The client shall inform the translator in good time of any desired specifications for the translation (intended use, delivery on data media, number of copies, print-ready format, external form of the translation, etc.). If the translation is intended for print, the client shall provide the translator with a proof copy in good time before printing so that the translator can correct any errors. Names and figures must be checked by the client.

(2) The client shall provide the translator with the information and documents necessary to prepare the translation when placing the order (client terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).

(3) Errors and delays resulting from the insufficient or delayed provision of information material and instructions shall not be the translator’s responsibility.

(4) The client assumes liability for the rights to a text and ensures that a translation may be produced. The client shall indemnify the translator against any corresponding claims by third parties.

(1) The translator reserves the right to subsequent performance. The client shall initially only be entitled to have any defects that may be contained in the translation remedied.

(2) The client must assert the claim for subsequent performance, specifying the defect precisely.

(3) If the translator does not remedy the asserted defects within a reasonable period, or refuses to remedy the defects, or if the remedy is to be regarded as having failed, the client may, after hearing the contractor, have the defects remedied by another translator at the contractor’s expense, or alternatively demand a reduction of the fee or withdraw from the contract. Remedy shall be deemed to have failed if, even after several attempts at correction, the translation still has defects.

(1) The translator shall be liable in cases of gross negligence and intent. Damage caused by computer failures and transmission disruptions when sending emails, or by viruses, shall not be classified as gross negligence. The translator shall take precautions against this by using anti-virus software. Liability for slight negligence shall apply exclusively in the event of a breach of material obligations.

(2) The client’s claim against the translator for compensation for damage caused pursuant to No. 5 (1) sentence 4 shall be limited to EUR 5,000; in individual cases, an express agreement on a higher claim for damages is possible.

(3) The exclusion or limitation of liability under No. 5 (1) and (2) shall not apply to damage suffered by a consumer resulting from injury to life, body, or health.

(4) Claims by the client against the translator due to defects in the translation (§ 634a BGB) shall become time-barred, unless there is fraudulent intent, one year after acceptance of the translation. (Note: This provision applies only to contracts with businesses, but not to contracts with consumers.)

(5) Contrary to § 634a BGB, liability for consequential damage resulting from defects is limited to the statutory limitation period. § 202 (1) BGB remains unaffected.

The translator undertakes to maintain confidentiality regarding all facts that become known to the translator in connection with work for the client.

(1) The translator is entitled to engage employees or qualified third parties to carry out the assignment.

(2) When engaging qualified third parties, the translator shall ensure that they undertake to maintain confidentiality in accordance with No. 6.

(1) The translator’s invoices are due and payable without deduction within 14 days of the invoice date.

(2) All prices are net plus statutory VAT.

(3) 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 additionally where required by law. For extensive translations, the translator may request a reasonable advance payment. The translator may agree in writing with the client in advance that delivery of the work is conditional upon prior payment of the full fee.

(4) If the amount of the fee has not been agreed, remuneration that is appropriate and customary in view of the type and difficulty of the work shall be owed. This shall not fall below the rates applicable under the German Judicial Remuneration and Compensation Act (JVEG).

(1) The translation shall remain the translator’s property until full payment has been made. Until then, the client shall have no right of use.

(2) The translator reserves any copyright that may have arisen.

Insofar as the placement of the translation assignment is based on the translator having offered the preparation of translations on the internet, the client waives any right of withdrawal that may exist in the event that the translator has begun the translation work and has informed the client accordingly.

(1) German law shall apply to the assignment and all claims arising from it.

(2) The contract language is German.

The validity of these terms and conditions of engagement shall not be affected by the invalidity or unenforceability of individual provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic result and/or intended purpose.

Amendments and additions to these GTC shall only be valid if agreed in writing. This also applies to any amendment of the written-form requirement itself.