You are here: terms

Terms and Conditions for Translation Services

Translation is a special kind of service subject to the requirements of these Terms and Conditions. Other conditions, even if they are on the order sheets of the Customer, shall not be accepted unless they are expressly confirmed in writing by the Translator.

Said Terms and Conditions are valid for all business activities between Translator and Customer. They are valid as of January 1, 2005.

1. Calculation of Prices DIN 2345

The prices for translations are calculated on the basis of volume and degree of difficulty. For a price calculation based on lines, the volume will be determined on the basis of the translated text. In this case a standard line consists usually of 55 key strokes.

The price calculated in estimates shall be an approximate price only. The assessment of the degree of difficulty and the decision of probable surcharges is entirely at the discretion of the Translator.

For the execution of express orders a surcharge of 25% to 100% may be invoiced upon agreement.

Translation work or other similar services (i.e. typing or correction work, etc.) that is to be invoiced on a rate per hour, shall be invoiced following prior agreements on the rate per hour. In case a price per page has been agreed upon which is usual with translations of books, the calculation is based on a German standard page which usually consists of up to 30 lines with up to 60 key strokes each (including blank space and without hyphenation).

Travelling times (i.e. in case of work at the site of the Customer, pick-up or delivery) shall be charged in accordance with the rate per hour agreed upon, plus actual travelling expenses as per receipt or when travelling by car per mileage allowance following the actual official rate per kilometre in operation. The actual expenses for packing, postage, disks, etc. will be invoiced.

All quotations and prices are understood to be subject to confirmation. The prices are in Euros, in case no other currency has been agreed upon.

Respites for payment, discounts or any other deductions are not granted unless expressly agreed upon.

2. Minimum Rate

Orders are subject to a minimum rate corresponding to the actual prices in operation.

3. Payment

Invoices for translation or interpreting orders are due for payment immediately upon receipt and without deductions unless otherwise agreed upon. Following the new Civil Code of the EC and Germany, an interest rate amounting to the actual average official account currents as of the 31st day upon receipt of the due invoice. Legal basis for this is section 84, subsection 3 and section 288, subsection 1 of the Buergerliche Gesetzbuch [German Civil Code].

In case partial supplies have been agreed upon, invoices will be made out for the work done together with each partial supply. In case of extensive orders with long delivery periods the Translator shall be entitled to request a reasonable advance payment for covering the costs. Furthermore, the final delivery of the translation can be made dependent on a prior settlement of the amount of the invoice. In case the Customer's payments are in default, the Translator shall be entitled to invoice interest rates amounting to the rate of interest calculated by the business banks for open accounts current.

4. Retention of Title

Translations remain property of the Translator until the invoice has been settled completely.

5. Copyright

The Translator remains the owner of the copyright of the translations.

6. Delivery And Date of Delivery

In general, delivery dates agreed upon are complied with obligingly. The date of delivery shall be complied with as soon as the completed order has been mailed or sent timely enough for due service upon the Customer considering the usual mail delivery periods for the type of dispatch in question. In case the delivery date cannot be met due to force majeure or other reasons which are not within the liability of the Translator (i.e. traffic impediments, lack of energy supply, sudden illness, strike and other operational breakdowns, official orders, breakdown of important means of communication, etc.), also in case this happens with subcontractors, the Translator shall be entitled to withdraw from the contract or request a reasonable period of grace. In case the problem continues to exist, the Customer shall be entitled to withdraw from the contract as far as the uncompleted partial supplies are concerned. Further rights, especially claims for damages, are excluded for such cases.

7. Execution

All translations are executed to the best of the Translator's knowledge and belief. Unless other instructions or documents have been given, technical terms shall be translated as generally used, lexicographically advised or in a generally understandable way. In consideration of the meaning of the text to be translated, translations shall be made corresponding to the mentality. In case the Translator is made liable for the infringement of a copyright for any reason, the Customer shall exempt the Translator in full from such liability. Glossaries which might have been made up in connection with translations shall remain the Translator's property.

The Translator shall not be liable in any respect for faults in translation caused by the Customer due to incorrect or incomplete information or originals. This also refers to illegible names, letters and figures in certificates or similar documents. A liability for the loss of texts and documents in possession of the Translator by burglary, theft, fire, water, storm or loss in the mail is herewith expressly excluded.

The Translator reserves the right to reject the translation of texts without stating reasons at any point of time.

8. Duties of the Customer

When placing an order, the Customer shall inform the translator about special requests for the execution (translation on disks, readiness for printing, special layout, number of copies, etc.). The Customer shall provide all information and documents (company-own glossaries, pictures, drawings, abbreviation files, etc.) necessary for executing the order in time and without prior request. Furthermore, the Customer shall be obligated to assist the Translator in the execution of the translation work constructively and to name a competent person in charge for questions with regard to the matter.

In case of books and larger prints the Customer shall pass the Translator one original and one copy as text and basis to work, both of which shall remain with the translator upon finishing the translation unless otherwise agreed upon in writing.

If the Customer does not comply with his/her duty of assistance, the Translator shall be entitled to withdraw from the contract upon a reasonable period of grace. The claim for remuneration and replacement of additional costs arising from the default in assistance and the damage which might have occurred remain in existence, even in case the Translator does not make use of his right to withdraw from the contract. The Translator cannot be held liable for faults which arise from the non-compliance of these conditions by the Customer. The Customer accepts said Terms and Conditions when placing an order.

9. Obligation of Secrecy

The translator shall be obligated to maintain secrecy on all texts to be translated and all facts she gets to know within the scope of her work for the Customer. However, she shall be entitled to make known the texts to subcontractors if need be.

10. Dispatch

In general and unless there are no other dispatch instructions by the Customer, dispatch shall be effected as non-encoded data records on data processing media or by e-mail. The risk of despatch of the translation work shifts to the Customer upon sending the translation per e-mail, handing it over to the mail office or to a messenger. Lost mail of any kind shall be replaced to the extent possible. However, there is no legal claim hereof. Especially no damages can be claimed by the Customer for lost documents or non-compliance with delivery dates in such cases.

11. Complaints And Remedy

In case no special agreements on the requirements as to quality for the language transfer service have been made or can be derived from the kind of the order, it will be executed in accordance with the standards of proper professional practice and to the Translator's best knowledge and belief completely and correctly as to contents and grammar. Unless no documents or special instructions have been added by the Customer, technical terms shall be translated in a generally used, lexicographically advised or generally understandable way. The Translator shall not assume responsibility for defaults in translations arising from hardly legible, faulty or incomplete originals or from defective or faulty terminology of the Customer. Analogously this also applies to interpreting.

The Translator shall be informed about complaints by the Customer in writing and without delay, stating the default exactly. In case the Customer lodges a complaint on an objectively existing considerable default in the translation, the Translator shall be obligated to either remedy the default or reduce the price or withdraw from the contract at her discretion. For any remedy of the default complained of in accordance with the Buergerliches Gesetzbuch [German Civil Code] the Customer shall grant an appropriate period of time for remedy to the Translator. Further claims including damages for non-compliance are excluded. Furthermore, all complaints are excluded in cases where the complaint did not reach the Translator within 10 days upon delivery of the translation and/or execution of the work regarding obvious defaults and for latent defects within 10 days upon discovery. In this case the Customer waives all his/her claims which might arise from possible defaults in the translation.

12. Warranty, Liability, Damages

The Translator shall be liable for gross negligence and intent. Liability in case of slight degrees of negligence is only accepted for infringements of duties arising from important provisions of the contract.

A guarantee for the readiness for printing of the translations can only be granted when the Customer

- expressly stated this requirement in a written contract, - provides the Translator with the galley proofs for proof-reading (as to contents as well), - provides the occasion as well as a reasonable period of time for proof-reading.

In case the provisions above mentioned are not complied with any claims for warranty and/or damages shall be excluded. Especially any liability for loss of profit, lack of gaining savings, damage by demands on Third Parties, any immediate and following damage shall be excluded.

13. Execution by Third Parties

The Translator shall be entitled to subcontract Third Parties for the execution of any business to the extent she deems useful or necessary. The Translator only warrants for a careful choice. Said duty to take due care in choice is fully complied with when the subcontracted Third Party is a qualified translator/interpreter and/or who is sworn/appointed by a court for the language in question. Any contact between the Customer and the Third Party subcontracted by the Translator shall only be permitted upon consent by the Translator. Basically there is only a business relation between Customer and Translator.

14. Official Certification

Unless there has been any other instruction by the Customer, translations of certificates shall always be certified in order to be accepted by the authorities in charge. For the correct spelling of names and addresses in handwritten documents no liability will be assumed by the Translator. This also applies to illegible names and figures in certificates of civil status or other documents. For these certifications an additional fee shall be charged.

15. Cancellation

In case the Customer cancels an order placed without being entitled to do so by law or contract, all costs occurred until cancellation shall be refunded and work which might have been done up to said point of time settled.

16. Place of Performance And Jurisdiction

Place of performance and place of jurisdiction shall be Rackwitz/Leipzig. German law shall be applied.

17. Invalid Clauses

The inoperativeness of one or several provisions of said Terms and Conditions does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.

18. Changes And Amendments

The Customer shall be informed in writing about changes and amendments to the Terms and Conditions. They are regarded as being accepted when the Customer does not object in writing within two weeks upon notification.

top