Terms and Conditions
General Terms and conditions
By placing an order you
agree to these terms and conditions
Dated: January '09 - English translation as a service - however: the German text is authoritative!
1. Scope of application
(1) These terms and conditions of business apply to contracts between the translator (Contractor) and the customer, unless otherwise expressly agreed or legally mandatory.
(2) The terms and conditions of business of the client are only binding for the translator if he has expressly acknowledged them.
2. Scope of the translation order/delivery
1) The translation is made carefully according to the principles of proper professional practice and to the best of the translator's knowledge and belief. The client receives the contractually agreed copy of the translation.
(2) In case of delivery of the translation by post, the delivery period specified in the offer is extended by the period of delivery.
3. Cooperation and disclosure obligation of the client
(1) The client must inform the translator in a timely manner about the desired form of the translation (use, delivery on data carriers, number of copies, readiness for printing, layout of the translation etc.). If the translation is to be printed, the client shall provide the translator with a galley proof before printing, so that the translator can correct any errors. Names and numbers are to be checked by the client.
(2) Information and documents that are necessary for the translation are to be made available by the client to the translator when the order is made (client's terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
(3) Errors and delays arising from the lack of or delayed provision 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 may be made. The translator is indemnified from any claims by third parties.
4. Rights of the client in case of defects
(1a.) The translator reserves the right to remedy defects. The client shall only be entitled to rectification of any possible errors in the translation. Defects must be reported in writing within 14 days of receipt of the translation. If this does not happen within the period stated, the translation shall be deemed accepted.
(1b) The specialist translators in das Übersetzernetzwerk undertake to proofread once each translation made. This service is included in the price of the translation, but is not a guarantee of a so-called "print-ready" translation. However, should this be necessary or desired, the client must specifically point this out and possibly order separate correction/editing. This is then associated with additional costs. For expressly "urgent translations" this unique proofreading does not take place on account of time constraints. In this case, the proofreading is be done by the client. All liability claims for "urgent translations" are excluded.
(2) The right to rectification of errors must be asserted by the client with an exact description of the defect.
(3) If the translator does not rectify the alleged defects within a reasonable period, the client can withdraw from the contract without incurring costs. The remedy of defects is considered unsuccessful if after several attempts the translation still contains defects.
(4) As das Übersetzernetzwerk is an association of freelance translators, each of the translators is responsible for the accuracy of the translation, that (s)he has made. When defects are detected, the client will have the opportunity to have direct contact with the translator.
(1) The translator is liable in case of gross negligence and intent. Not classified as gross negligence are force majeure, damage caused by computer failure and malfunctions when transmitting the translation by email or malfunctions created by viruses. The translator takes precautions against viruses by using anti-virus software. Liability for slight negligence applies exclusively in case of violation of primary obligations.
(2) The claim of the client against the translator for compensation for damage according to No. 5 (1) sentence 4 is limited to the invoiced value of the relevant translation; in individual cases the express agreement of another claim for compensation is possible.
(3) The exclusion or limitation of liability under No. 5 (1) and (2) does not cover damage to a consumer through 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 bad faith, within 14 days after receipt of the translation.
(5) Liability for consequential damages is excluded expressly contrary to § 634a BGB.. In this case, § 202 para. 1 BGB remains unaffected. The liability for any lost profits of the client is excluded.
(6)In the case of "certified translations" the following applies: these are carried out and made always to the best of the translator's knowledge and belief. In linguistic differences between source text and target text, where there is doubt, the source text is always valid.
(7) The contractor (translator) is not liable if the respective translation is permissible and suitable for the intended use of the client. This is especially true for the case that the translation is published or used for advertising or legal purposes. The legal risk of usefulness or publication is borne only insofar by the client.
6. Professional secrecy
The translator undertakes to maintain secrecy concerning all facts that become known to him/her in connection with an activity for the client.
7. Involvement of third parties
(1) The translator is entitled to use the services of colleagues or expert third parties to perform the contract.
(2) With recourse to a qualified third party, the translator has to ensure that the latter is committed to secrecy according to No. 6.
(3) Contacts between the client and the third party service providers require expressly our permission.
(4) Our staff and freelance employees must not be employed, work for or be commissioned either directly or indirectly without our permission for twenty-four months after completion of the last job of the client. An oral or written offer or another other type of offer for such work may not be made.
(5) In subcontracting of an order this is regarded as issued as soon as the requested translator has received the corresponding order form called "translation job" and has acknowledged receipt and acceptance to das Übersetzernetzwerk .
(1) The invoices of the translator are due and payable without deduction within 14 days after the invoice date.
(2) The translator, in addition to the agreed fee, is entitled to reimbursement of the services actually incurred and agreed with the client. In all cases VAT, if legally necessary, is invoiced.
The translator may requiest a reasonable advance payment in the case of extensive translations. The translator can agree with the client in writing beforehand that the delivery of the work depends on the prior payment of the full fee. Our unit of accounting (per line) consists of max. 50 characters incl.spaces.
(3) If the amount of the fee is not agreed, the customary remuneration depending on the nature and difficulty of the text is owed.
This cannot be less than the applicable rates of the German Judicial Remuneration and Compensation Act.(JVEG)..
9. Retention of title and copyright
(1) The translation remains the property of the translator until the complete payment. Until then the client has no right of use.
(2) The translator reserves the copyright.
(3) By signing the offer to place an order, you accept these terms and conditions of business and allow the "Übersetzernetzwerk" to indicate you or your company the company for which you work / the company where you are employed as a reference. This may be in written or verbal form verbally or on our website (also using the logo of the company).
10. Right of withdrawal
As far as the placing of a translation order is based on the fact that the translator has offered to produce translations on the Internet, the client renounces his possibly existing right of revocation in the event that the translator started the translation work and has notified the buyer thereof.
11. Applicable law
(1) The order and all claims arising from it are governed by German law.
(2) The place of performance is the residence of the translator or his business seat.
(3) Place of jurisdiction is Mannheim.
(4) The contract language is German.
12. Severability Clause
The validity of these conditions will not be affected by the invalidity or ineffectiveness of individual provisions. The ineffective provision shall be replaced by a valid one which comes closest to the economic result or the intended purpose.
13. Changes and additions
Changes and additions to these terms and conditions of business are only valid if they have been agreed in writing. This also applies to the change of the written form requirement itself.