General terms and conditions

1. Scope of application

These terms and conditions shall apply to all contracts and agreements between the service provider and her client, unless otherwise expressly agreed in text form or required by mandatory law. Any general terms and conditions of the client shall only be binding upon the service provider if she has expressly accepted them in text form.

2. Translations and additional services

2.1 Scope of a translation assignment

The translation shall be executed with due care and diligence in accordance with professional industry standards. The client shall receive the contractually agreed copy of the translation.

2.2 Additional services

Any translation work involving additional services, in particular camera-ready texts suitable for printing, etc., shall only be executed as such if a written order is placed with the service provider which clearly indicates that the required quality is expected. The service provider accepts no liability with regard to the aforementioned translation work (specifically translations intended for print and multiple use) if the client fails to identify the translation as such to the service provider in text form or if the client fails to submit a proof of the text to the service provider for proofreading prior to printing.

2.3 Duty of cooperation and information of the client

1. The client shall inform the service provider in due time of the requested format of the translation (intended use, delivery on data carriers, number of copies, readiness for print, layout of the translation, etc.). If the translation is intended for print, the client shall provide the service provider with a proof in good time prior to printing so that any errors can be corrected. Names and numbers must be verified by the client.
2. Information and documentation required for creating the translation shall be provided by the client to the service provider upon placement of the order (client-specific terminology, illustrations, drawings, tables, abbreviations, internal terminology, guidelines, etc.).
3. The service provider shall not be held liable for any errors or delays resulting from a lack of or delay in the provision of information material and instructions. In such cases, any agreed delivery deadlines shall be automatically extended by the duration of the delay plus a reasonable lead time for the resumption of work.
4. The client assumes liability for the rights to a text and ensures that a translation may be legally created. The client shall indemnify and hold the service provider harmless from any corresponding third-party claims.

2.4 Retention of title and copyright

1. The translation remains the property of the service provider until full payment has been received. Until such time, the client shall have no right of use.
2. The service provider reserves any copyright that may arise.

3. Professional secrecy and involvement of third parties

3.1 Professional secrecy

The service provider undertakes to maintain confidentiality regarding all facts that become known to her in connection with her activities for the client.

3.2 Involvement of third parties

1. The service provider is entitled to engage employees or expert third parties to execute the assignment.
2. If expert third parties are engaged, the service provider shall ensure that they commit to confidentiality in accordance with section 3.1.

4. Quotations and remuneration

4.1 Quotations

Quotations are generally provided informally, e.g. by email, and apply on a project-by-project basis. Quotations are customised and cannot be transferred to future projects. Quotations are valid for 14 days, provided that the requirements and scope of the assignment remain unchanged.

4.2 Remuneration

1. In addition to the agreed fee, the service provider is entitled to the reimbursement of expenses actually incurred and agreed upon with the client. For large-scale assignments, she may request a reasonable advance payment and may agree with the client in advance in text form that the delivery of her work is subject to the prior payment of her full fee.
2. Invoices from the service provider are due and payable via bank transfer without deduction within 14 days of the invoice date.
3. All invoices are exempt from VAT in accordance with section 19 (1) of the German Value Added Tax Act (UStG) (Small Business Status).
4. If the amount of the fee has not been agreed upon, a remuneration that is reasonable and customary according to the type and difficulty of the assignment shall be owed. For translations, this shall not fall below the respective applicable rates of the German Law on Payment and Compensation by Judiciary Authorities (JVEG).
5. Remuneration shall be in EUR unless another currency has been agreed upon.

5. Rights of the client in the event of defects (warranty)

1. A client acting in a commercial or professional capacity (B2B) shall inspect the delivered work for defects immediately upon receipt and shall notify the service provider of any identifiable defects in text form no later than 14 days after receipt; otherwise, the work shall be deemed approved. For consumers (B2C), statutory provisions shall apply.
2. The service provider reserves the right to remedy any defects. Initially, the client is only entitled to supplementary performance (Nacherfüllung). Any claim to remedy defects must be asserted by the client by providing a detailed description of the specific defect.
3. Defects, in particular translation errors, that are based on poorly legible, incorrect or incomplete source texts, on the client's own terminology (provided it was supplied) or on a lack of context, do not fall within the scope of the service provider's responsibility. Stylistic preferences are likewise excluded from any liability.
4. If the service provider fails to remedy the asserted defects within a reasonable period, refuses to remedy them or if the remedy is deemed to have failed, the client may choose to have the defects remedied by another provider at the service provider's expense (self-remedy), request a reduction in remuneration (Minderung) or withdraw from the contract. The remedy of defects shall be deemed to have failed if the service provider's work continues to exhibit defects even after two subsequent attempts at rectification.
5. Claims based on defects shall expire one year from the statutory commencement of the limitation period. This period does not apply to claims for damages arising from injury to life, body or health or in the event of grossly negligent or intentional conduct by the service provider.

6. Liability and indemnification

1. The service provider shall be liable without limitation for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty, as well as for other damages resulting from an intentional or grossly negligent breach of duty or fraudulent intent.
2. For damages caused by ordinary negligence, the service provider shall only be liable if she breaches an obligation the fulfilment of which is essential for the proper execution of the contract and on the compliance of which the client regularly relies (a so-called cardinal obligation). In this case, liability is limited to contractually typical, foreseeable damage. Liability for damages arising from the breach of a cardinal obligation through ordinary negligence shall be limited to EUR 5,000 per claim. This shall not apply to damages arising from injury to life, body or health.
3. Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
4. The service provider takes precautions against computer viruses and transmission errors by using up-to-date anti-virus software. Within the scope of legally permissible regulations, any liability for damages caused by viruses or technical transmission errors is excluded, unless the service provider is guilty of intent or gross negligence.
5. The client shall indemnify and hold the service provider harmless from any third-party claims that may arise from the provision of the services, unless the service provider has caused the damage intentionally or through gross negligence.
6. The service provider cannot be held responsible if the provision of incorrect files by the client results in their faulty translation, proofreading, editing, transcription or any other processing. Any costs incurred as a result shall be borne by the client.

7. Right of withdrawal / cancellation

If the client withdraws from or cancels the contract prior to the completion of the assignment, the client is obliged to fully remunerate the services rendered up to that point and to reimburse any expenses already incurred.

8. Force majeure

The service provider is exempted from the obligation to perform in cases of force majeure. Force majeure includes all unforeseen events, as well as events whose impact on the performance of the contract is beyond the responsibility of either party (e.g., natural disasters, strikes, severe network outages for which the party is not at fault).

9. Final provisions (applicable law, place of jurisdiction, severability clause)

1. The assignment and all claims arising therefrom shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
2. The place of performance shall be the registered office of the service provider.
3. If the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction shall be the registered office of the service provider.
4. The contract language is German.
5. Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions of the contract shall not be affected. The invalid or unenforceable provision shall be replaced by the statutory regulations.
6. Amendments and supplements to these terms and conditions must be made in text form. This also applies to any amendment of this text-form requirement itself.