1. Area of application
(1) These General Terms and Conditions shall apply to all agreements between the Translator and the Customer unless otherwise expressly agreed or prescribed by law. They shall also apply if the Translator does not expressly refer to these General Terms and Conditions when accepting individual assignments.
(2) General terms and conditions of the Customer shall only be binding on the Translator if accepted in writing.
2. Scope of the translation assignment
Translations shall be carried out in line with the principles of professional conduct and with due care and attention. The Customer shall be provided with the translation in the contractually agreed form.
3. Customer's duties of cooperation and clarification
(1) The Customer shall provide the Translator with details of his translation requirements in due time (purpose of the translation, delivery method, etc.). If the translation is to be printed, the Customer shall provide the Translator with a proof in sufficient time before it goes to press so that the Translator can correct any errors. The Customer shall be responsible for checking names and figures.
(2) The Customer shall provide the Translator with the information and the documents required to perform the translation when he confirms the assignment (Customer terminology, figures, drawings, tables, abbreviations, terms used internally, etc.).
(3) The Translator shall not be held liable for errors and delays which result from this information and these documents not having been provided in due time.
(4) The Customer is liable for ensuring that he has a right to use the text and that performance of the translation assignment will not infringe third party rights. The Customer undertakes to keep the Translator harmless from any claims for infringement of copyright.
4. Customer's rights in the event of errors
(1) The Translator reserves the right to provide subsequent performance. The Customer shall initially only have a claim to correction of the errors in the translation.
(2) The Customer shall assert his claim to subsequent performance in writing without undue delay giving precise details of the error.
(3) If the Translator does not correct the errors asserted within a reasonable period or if the Translator refuses to correct the errors or if the correction of errors must be deemed to have failed, the Customer can, after consultation with the Translator, have the errors corrected by another translator at the Translator's cost or, alternatively, demand a fee reduction or rescind the agreement.
(1) The Translator shall only be liable for breaches of duty resulting from his own gross negligence or intent. Damage which results from PC downtime and disruptions in email transmission or viruses does not count as gross negligence. The Translator shall take measures to prevent such damage by installing anti-virus software. Ambiguity in the source text also releases the Translator from all liability.
Liability for simple negligence is restricted to breaches of material contractual obligations.
(2) The Customer's claim against the Translator to compensation for damage caused in accordance with section 5(1) sentence 5 is restricted to the invoice amount exclusive of Value Added Tax, if applicable, for the assignment concerned.
(3) The exclusion and restriction of liability pursuant to section 5(1) and (2) does not apply to cases where damage is caused to a consumer resulting from injury to life, body or health.
(4) Claims of the Customer against the Translator owing to errors in the translation (section 634a of the German Civil Code (BGB)) shall lapse, providing there was no malicious intent, one year after acceptance of the translation.
6. Professional confidentiality
The Translator undertakes to observe strict confidentiality with respect to all facts of which he becomes aware in connection with his work for the Customer.
7. Involvement of third parties
(1) The Translator is entitled to consult third parties with specialist knowledge when carrying out the assignment.
(2) If the Translator involves third parties with specialist knowledge, he shall ensure that these are also placed under a confidentiality obligation in accordance with section 6.
8. Payment and default
(1) The Translator's invoices shall be due for payment in full by no later than 14 days of the invoice date.
(2) In addition to the agreed remuneration, the Translator shall also have a claim to reimbursement of the costs actually incurred and agreed with the Customer. Where Value Added Tax is chargeable it shall be charged in addition to the quoted fee. In the case of long texts the Translator is entitled to request a reasonable deposit on his remuneration.
(3) If the amount of remuneration has not been expressly agreed, the respective applicable rates shall apply.
(4) If the Customer falls into default, the Translator can demand interest of 5% over the base rate of the German Federal Bank until he has received the entire amount to which he is entitled.
9. Retention of title and copyright
(1) The translation remains the property of the Translator until full payment has been made.
(2) The Translator retains any copyright which may arise.
10. Right of rescission
Where the translation assignment results from the Translator having offered his translation services on the internet, the Customer shall waive any revocation right to which he may be entitled for the event that the Translator has already started work on the translation and informed the Customer accordingly.
11. Applicable law and place of jurisdiction
(1) German Law applies to the translation assignment and any claims resulting from it.
(2) The contractual language is German. In the event of discrepancies between the German version and this translation, the German version shall prevail.
(3) Place of jurisdiction for all legal disputes arising from the legal relationship between the Translator and the Customer is Westerstede, Germany.
12. Data protection
The Customer agrees to his data being saved for administration purposes in the sense of data protection.
13. Severability clause
The validity of these General Terms and Conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. Invalid provisions shall be replaced by provisions which achieve, as closely as possible, the economic purpose or the intended purpose of the invalid provisions.
14. Amendments and additions
Amendments and additions to these General Terms and Conditions shall only be valid if they are in writing. This also applies to amendments to this written form requirement itself.
(Date: 19 May 2014)