Übersetzernetzwerk Terms and Conditions
General Terms and Conditions of "Das Übersetzernetzwerk" and all related translators
By placing an order you
agree to these terms and conditions
Dated: 07/17 - English translation as a service -
however:
the German text is authoritative!
Our General Terms and Conditions
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) DTP and layout work is not part of our service. We will
gladly use the MS Word template you provide us with for the
translation. All layout work beyond is to be executed by the customer or
an expert in this field. Images or image files are taken over without
editing (even when containing text).
(4) "Werktag/Working day" is Monday to Friday and not Saturday,
Sunday and any kind of holiday in all or several federal German states.
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, recipient, delivery on data
carriers, number of copies, readiness for printing, layout of the
translation etc.). If the translation/proofreading is intended for printing, customer shall commission a separate proofreading (not necessarily by our company - customer is free to chose the respective service provider) before texts/translations go to print.
(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.
(5) In the case of poorly legible documents and/or poorly legible writing/handwriting, the client must provide this information typed out and perfectly legible. If a file of the translation is sent to the client with a request to review/modify/correct it, the client shall fulfil this request promptly in the interests of proper order processing. Please also see 3.(8) in this context!
(6) The client must specify the spelling of proper names, places, names, etc. when transliterating from a script other than Latin (e.g. Cyrillic, Arabic, Persian and all others) in the form officially used here (e.g. according to passport, residence documents, etc.). Otherwise, the transliteration is done according to the ISO standard.
(7) Upon receipt of the (certified) translation, client shall check it in particular with regard to spelling of names, dates, spelling of places and so on, and client shall immediately report any deviation or incorrect spelling in writing (see 4 (2)).
(8) Errors that have arisen due to a poorly readable source text shall not be borne by the translator. If the quality of the source text is insufficient (poor scan or poor photo, etc.), the client shall bear the costs for re-issuing.
(9) The following applies in particular to certified translations: we take over the arrangement of your submitted documents. Each individual document must be sent to us as an individual pdf file if you require a separate certified translation for each. If you send us several pages that do not belong together in one file, this will be produced as one certified translation. And vice-versa: if you provide us with indivual files of one document, we translate and certify each page individually just the way you handed them in.
(10) The documents submitted for the preparation of the quote (e.g. uploaded via our form or sent by e-mail) are relevant for the quote and the project. Documents submitted subsequently which deviate from the initially submitted version will not be considered. A separate quotation must be requested for this!
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 by mentioning all mistakes. 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 in writing.
(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.
5. Liability
(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.
(8)
Transfer of risks: Shipment of (certified) translation is at customer's
expenses and risks. The risk of loss and damage of the (certified)
translation is transferred to the customer for the shipment unless in
case of gross negligence and intent of the translator.
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 .
8. Remuneration
(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
Customer renounces
his/her possibly existing right of revocation in the event that the
translator started the translation work. In the event of cancellation/withdrawal/recovation by the client, 100% of the work already carried out and 50% of the work still outstanding will be invoiced in any case at least 45 € plus VAT.
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 Memmingen.
(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.