General terms and conditions
General terms and conditions
The General Terms of Business apply to all our business transactions with our customers. The application of all other terms and conditions of purchase and delivery of the customer is hereby expressly rejected, unless we have explicitly recognized them in individual cases. The GTC are recognized by the customer when the order is placed and apply for the entire duration of the business relationship, even if we no longer refer to the GTC when accepting individual orders. They shall also apply to future transactions. Customers are both legal entities and natural persons.
1. Orders
Orders of any kind must clearly identify the subject of the transaction. Verbal collateral agreements and changes to orders are only valid subject to our written confirmation. We shall not be liable for delays or deficiencies in execution caused by incorrect, incomplete, misleading or illegible information provided by the client, including in the translation specifications. We are entitled to withdraw from an order after it has been confirmed without reservation if we subsequently receive unsatisfactory information about the client.
2. Execution by third parties
We may use third parties for the execution of all transactions if we deem it expedient and reasonable at our discretion. We shall only be liable for the careful selection of third parties. Except in connection with interpreting assignments and language tuition, contacts between the client and third parties commissioned by us require our approval.
3 Offers and prices
All offers and prices are subject to change. They may be adjusted to actual circumstances and changes in expenditure without separate notification. Prices are in euros unless another currency has been agreed. All prices quoted in our offers are net prices excluding tax. Payment terms, discounts or other deductions are not granted unless expressly agreed. Special services are subject to a surcharge or are invoiced on a time and material basis.
Special features for translations and foreign language typesetting
Unless otherwise stated in writing, the prices quoted for translation services are per translated line. A line is a maximum of fifty characters including spaces. Longer lines are converted into lines of a maximum of fifty characters. Lines of more than thirty characters are considered full lines. A minimum rate shall be charged if the agreed line price multiplied by the number of lines does not exceed the minimum rate. Certification, adaptation of foreign-language advertising texts, website and software localization, text entry, typesetting and printing work, formatting and conversion work, proofreading, rush charges, the creation and expansion of a terminology list or glossary are invoiced separately according to time and effort or by agreement.
Special features of interpreting
The time required by the interpreter to travel to the interpreting location and back shall be remunerated at the hourly rate estimated for the interpreting service in addition to the interpreting and attendance time. Any expenses incurred (travel, hotel and catering costs, etc.) shall be borne by the client. The registered office of the respective processing office is the place where the journey begins and ends, unless a different place for the beginning and end of the journey has been contractually agreed. Unless otherwise agreed, overtime shall be remunerated with a surcharge of thirty percent. Partial hours shall be regarded as full hours and partial days as full days.
4. Services
The services ordered and accepted by us shall be performed by us in accordance with the order and these GTC. We do not owe any performance beyond the order. If the order is canceled, we are entitled to charge the customer cancellation fees and cancellation fees of up to one hundred percent of the agreed fee.
Special features of translations and foreign language typesetting
Unless otherwise agreed in writing, we prepare and deliver a working translation. Certifications, publications, creation and adaptation of foreign-language advertising texts, website and software localization, text entry, typesetting and printing work, formatting and conversion work, proofreading, rush orders, the creation, expansion and use of specific terminology or a glossary must be specified in good time when the order is placed so that we can plan accordingly. We are not liable for inaccurate, unclear, incomplete, erroneous and incorrect information or terms within the source texts, templates, information and word collections provided by the customer or in the wording of the order. In the case of urgent orders that require the service to be divided among several employees, no guarantee can be given for uniform terminology. Claims for damages and reductions of invoices are excluded. The creation or expansion of terminology or a glossary shall only take place by express agreement. The prerequisite is that sufficient documentation, such as terminology databases, pre-translations, word lists or glossaries are provided when the order is placed.
Special features of interpreting
In the case of interpreting assignments, the client is obliged to inform us in good time of the type of interpreting service (liaison, simultaneous or consecutive interpreting, etc.), the interpreting and conference equipment required, the exact venue and date of the event and the contact persons. The customer undertakes to provide us with the appropriate training materials in good time, but at least one to two weeks before the start of the event, and, if necessary, to accommodate our interpreters in a hotel close to the event location in a manner befitting their status.
5. Delivery deadlines and partial delivery
Delivery deadlines are given to the best of our knowledge and belief and can only ever be estimated delivery dates. They do not constitute a binding assurance. The customer is obliged to accept any partial deliveries on the agreed terms.
6. Disruptions, force majeure, closure and restriction of operations, network and server errors, viruses
We are not liable for damages caused by disruptions to our operations, in particular due to force majeure, for example natural events, strikes, traffic disruptions, traffic-related delays, network and server errors, for connection and transmission errors for which we are not responsible and other disruptions and absence of teachers or interpreters. In such cases, we are entitled to withdraw from the contract in whole or in part. The same applies if we have to close or restrict operations, in particular the online service, in whole or in part on individual days or for a certain period of time for an important reason.
We are not liable for damage caused by viruses, Trojans, autodialers, spam mail or similar data. Our IT systems (network, workstations, programs, files, etc.) are regularly checked for such viruses and data. If files are delivered by remote data transmission (modem), e-mail or other remote transmission, the customer is responsible for a final virus and data check of the transmitted data and text files. Any claims for damages shall not be recognized by us. Electronic transmission is at the customer’s risk. We are not liable for damaged, incomplete or lost texts and data due to electronic transmission.
7. Acceptance
Acceptance of the service or delivery, including partial deliveries, is a primary obligation of the customer. If the customer fails to accept or refuses acceptance, it shall be in default of acceptance without any further reminder and shall be liable for all damages incurred.
8. Complaints
Complaints in commercial transactions shall only be recognized if they are made in writing immediately after the translation has been delivered or the service has been rendered in the case of obvious defects, immediately after the translation or service has been checked in the case of recognizable defects, and immediately after their discovery in the case of hidden defects, with a substantiated description of the defect. Complaints in non-commercial transactions must also be made in writing, stating the exact nature of the defect. In the case of commercial and non-commercial transactions, in the case of obvious defects, all complaints shall be excluded two weeks after the translation has been delivered or the service has been rendered, in the case of recognizable defects four weeks after the translation has been delivered or the service has been rendered, otherwise four weeks after the customer has discovered a hidden defect. In the event of justified, properly notified defects, we shall have the right, at our discretion, to rectify the translation or service at least twice or to provide a new translation or service. The customer remains obliged to accept the service provided and to make payment.
9. Delay in delivery, impossibility, withdrawal and compensation
The customer is only entitled to withdraw from the contract or to perform the service himself in cases of delay in performance, rectification and impossibility for which he is responsible and in other cases if the deadline has been significantly exceeded and he has set a reasonable grace period. In commercial transactions, we shall only be liable for late delivery, non-performance and compensation for damages, irrespective of the legal grounds, with the exception of intent and gross negligence and for vicarious agents and in the case of slight negligence only insofar as essential contractual obligations have been breached and not for consequential damages caused by defects, other indirect damages and loss of profit. Otherwise, liability in commercial and non-commercial transactions in the event of slight negligence shall be limited to twice the invoice value of the delivery or service causing the damage and to a maximum of twenty thousand euros, and in commercial transactions in the event of intent and gross negligence on the part of vicarious agents to three times the invoice value of the delivery or service causing the damage and to a maximum of thirty thousand euros. The liability for damages specified herein is always limited to typical direct damages foreseeable at the time of conclusion of the contract. The liability limits shall be reduced to one third if the customer is insured against damages and the customer shall be subject to comprehensive obligations to cooperate. The customer undertakes to check every service supplied by us for defects and for usability in the specific situation before using the service for any other purpose. We shall not be liable for consequential damages, such as faulty printing, if the customer has not fulfilled its duty to cooperate comprehensively and in good time.
Special features of translation
If the customer wishes to publish the translated text or use it for advertising purposes or have the translation formulated in a specific style, he must provide clear information, glossaries and style and text specifications for the text to be published or for the adaptation of the advertising text when placing the order. If the customer fails to provide the aforementioned information when placing the order and the text is later published or used for advertising purposes, the customer may not claim compensation for damages resulting from the fact that the publication or advertising has to be repeated due to a translation error or an inadequate adaptation. In this case, we reserve the right to assert claims for infringement of copyright regulations. The customer must send us a proof for approval before printing. If he prints without our approval, this shall be at his full expense and he shall also be fully liable for consequential damages.
10. Assignment
The assignment of rights under a contract by a customer requires our written consent.
11. Terms of payment
Unless otherwise agreed, we require payment in business transactions with our customers within 30 days of the invoice date, excluding deductions, retentions and offsetting. The party placing the order shall be liable for payment. If the customer is insolvent, unwilling to pay or if there are reasonable doubts about his ability or willingness to pay, we may declare the invoices due immediately. In this case, we shall be entitled to return the service or goods concurrently against payment or, at our discretion, to withdraw from the contract. Invoices for contract work are payable net cash on receipt of invoice. Unless otherwise agreed, we shall be entitled to demand a down payment in cash of the actual or estimated invoice amount.
Payments made are irrevocable. If partial payments are agreed, the entire remaining amount shall become due if the customer is in default with at least two consecutive partial payments in whole or in part. Provisions of the customer regarding the crediting of payments are not binding for us. We reserve the right to offset payments against due claims and interest at our discretion. In the event of default in payment, we shall be entitled to withdraw from the contract after the expiry of a reasonable grace period or to claim damages for non-performance. Furthermore, we are entitled, after prior notification, to exercise the right of retention for all outstanding deliveries or to demand advance payments. The defaulting customer shall be obliged to return to us any goods delivered which are still subject to retention of title upon request. Furthermore, we are entitled to demand immediate payment of all outstanding invoices, including those not yet due, including deferred amounts. In the event of late payment or deferment of payment, we shall be entitled to charge the usual bank credit interest from the date of default. If the payment term specified in the invoice is exceeded for the first time, the customer agrees in commercial transactions to pay the customary bank credit interest incurred by us.
12. Reservation of title
Until all existing claims against the customer have been settled in full, the delivered service, including all pending rights, shall remain our property. If the reserved service is combined or processed with other third-party items or services, we shall acquire co-ownership of the new item or service in the ratio of the value of the reserved goods or service to the other items or services.
We reserve all rights to any work results of certain ancillary services such as the creation of specialist terminology, a collection of words or a glossary. If the property rights to these services are assigned to the customer, the customer shall grant us a simple and transferable right of use to these work results. We are entitled to reproduce, translate, edit and publicly report on the individually created work results. The rights of use are granted for an indefinite period and can only be terminated for good cause.
Our consent must be obtained in advance for the use and modification of our services by third parties.
13. Rights of third parties
The customer shall ensure that no third-party rights to the information, documents and other items provided to us conflict with the processing, utilization, reproduction and/or publication of the processing. The customer shall indemnify us and our subcontractors against any liability for third-party claims based on the use, processing, exploitation or reproduction of such information, documents and other items or their processing.
14. Confidentiality
We undertake to keep confidential the information provided by the customer within the scope of the cooperation and marked as confidential and to take appropriate measures to prevent unauthorized third parties from gaining knowledge of this information or documents and/or being able to use this information and documents. The confidentiality obligation ends as soon as the confidential information has become public knowledge and is therefore in the public domain or was already known to us. As a matter of principle, we shall not disclose confidential information of the customer to unauthorized third parties, but may use third parties to provide the services, provided that they are obliged to maintain confidentiality. The confidentiality protection ends three years after the information or documents have been transmitted to us.
In the case of electronic transmission of texts and data between the customer and us, we do not grant absolute confidentiality protection due to the possibility of external intervention. If stricter confidentiality obligations are to be observed when processing certain documents, the customer is obliged to explain these requirements to us in detail in writing when placing the order and, if necessary, to provide the programs, codes and passwords to be used.
15. Right to use the trademark
The customer grants us a simple, non-exclusive right of use to use the customer’s word mark, figurative mark and word/figurative mark (hereinafter “trademark”) worldwide and to use it in the context of promoting the collaboration.