TERMS AND CONDITIONS OF BUSINESS

1. Scope of services

1.1 Unless otherwise agreed in writing, the terms and conditions set out below shall apply to the scope of services provided by the party providing a translation in the normal course of business (the "Translator").
1.2 The party commissioning a translation in the normal course of business (the "Client") shall inform the Translator of the intended use of the translation, i.e. if he/she requires the translation
 1.2.1 for informational purposes; or
 1.2.2 for publishing and advertising; or
 1.2.3 for legal purposes or patent procedures; or
 1.2.4 for any other purpose necessitating that the text be
 translated in some special way by the Translator in her work.
1.3 The Client shall use the translation only for the purposes specified pursuant to Article 1.2 above. If the Client uses the translation for a purpose other than that for which it was contracted and supplied, then the Client shall not be entitled to any claims for damages against the Translator.
1.4 If the Client does not inform the Translator of the purpose of the translation, then the Translator shall, to the best of her knowledge and skills, produce a translation for informational purposes (see Article 1.2.1).
1.5 Unless otherwise agreed in writing, the Translator shall deliver translations via e-mail as MS-Word files (current version).
1.6 Unless otherwise agreed in writing, the provisions of Section 6.3 of the DIN 2345 standard ("Translation Assignments") shall apply to the layout of the translation.
1.7 If the Client desires a certain terminology to be used, he/she shall inform the Translator thereof and simultaneously provide her with the corresponding support materials. The above also applies to language varieties.
1.8 Correctness of the source text in terms of content and language is the exclusive responsibility of the Client.
1.9 The Translator shall have the right to subcontract the translation assignment to equally qualified third parties. However, the Translator shall in any event remain the sole contractor vis-à-vis the Client.
1.10 The Client shall be entitled to add the Translator's name to the published translation only if the entire text was translated by the Translator and no changes or modifications were made to the translation by the Client without the Translator's prior approval.

2. Rates

2.1 The rates (prices) for translations are calculated in accordance with the Translator's rates (price lists) applicable to the individual types of translations.
2.2 Services exceeding the scope of simple text processing (e.g. originals are delivered in a special file format; the Client demands a special graphic form requiring specific software) shall be quoted by arrangement.
2.3 Unless otherwise agreed, the target text (translation into the target language) shall serve as the basis of price calculation.
2.4 Any cost estimate provided by the Translator shall be binding only if submitted in writing (by e-mail, fax or postal service).
 2.4.1 Other cost estimates shall only serve as a general quote
 and are not binding.
 2.4.2 Although all cost estimates shall be drawn up with utmost
 care and diligence, the Translator disclaims any liability for their
 correctness. In the event that a cost estimate is exceeded by
 more than 15% after the translation assignment has been
 confirmed by the Client, the Translator shall notify the Client
 without delay. In the event of an unavoidable price increase of
 up to 15%, separate notice to the Client shall not be required
 and the increased costs can be invoiced as usual.
2.5 Cost estimates that are provided without the source documents at hand shall only serve as a general indication and are not binding. Unless a new cost estimate is submitted by the Translator, the Client shall be obliged to pay the actual costs of the translation in accordance with Article 2.1 even if not notified as stipulated in Article 2.4.2.
2.6 Unless otherwise agreed in writing, changes or additions to the translation assignment can be charged at appropriate rates.
2.7 Unless otherwise agreed, the full fee for an original translation may be charged for checking translations made by other persons.
2.8 Appropriate extra charges may apply to rush and weekend jobs.

3. Delivery of translations

3.1 For the delivery schedule of the translation, the mutual written agreements shall be relevant. If the delivery date constitutes an integral part of the assignment accepted by the Translator, the Client shall expressly inform the Client thereof in advance. Timely transmission of all materials to be supplied by the Client (e.g. source texts and any necessary background information) as well as compliance with the agreed payment terms and any other obligations shall be a prerequisite for meeting the delivery deadline. In the event that these prerequisites are not met, the delivery schedule will be extended accordingly.
3.2 In the event of non-compliance with the delivery schedule, the Client shall be entitled to terminate the contract only if the delivery schedule was expressly agreed to be definite (see Article 3.1, first paragraph) and the Client has complied with all provisions of Article 3.1, second paragraph. The Client's claims for damages shall be excluded with the exception of damages caused by willful intent or and gross negligence.
3.3 Unless otherwise agreed, translations shall be delivered by e-mail.
3.4 Any risks associated with delivery (transmission) shall be borne by the Client.
3.5 Unless otherwise agreed, the materials provided by the Client shall remain with the Translator upon completion of the translation assignment. The Translator is not obliged to store or otherwise treat these materials in a special way. However, the Translator shall protect them from any use contrary to the contractually agreed terms.

4. Force majeure

4.1 In the event of force majeure, the Translator shall notify the Client without delay. Force majeure shall entitle both the Client and the Translator to terminate the assignment agreed between the parties. However, the Client shall reimburse the Translator for any expenses incurred and services provided before the occurrence of force majeure.
4.2 Force majeure includes, but is not limited to, the following events: Labor disputes, acts of war, civil war, the occurrence of unforeseeable events that substantially affect the Translator in performing the assignment according to the previous mutual agreements.

5. Liability for defects (warranty)

5.1 Complaints concerning the quality of a translation shall be lodged with the Translator within two weeks after delivery of the translation (Client's acknowledgement of receipt). Any complaints must be sufficiently explained in writing and contain evidence as to the alleged defect.
5.2 The Client shall grant the Translator a reasonable period of time to rectify any defects. If the Client refuses to grant the Translator reasonable time and opportunity, the Translator shall be released from her liability for defects. If the defects are remedied by the Translator within the reasonable period allotted, the Client shall not be entitled to any price reductions.
5.3 In the event that the Translator does not remedy a defect within the aforementioned period, the Client shall be entitled to terminate the contract or demand reduction of the fee charged. Minor defects do not constitute grounds for termination of contract or reduction of fees.
5.4 Warranty claims shall not entitle the Client to withhold or set off any agreed payments.
5.5 In the case of translations used for printed publications, liability for defects shall only be applicable if the Client has expressly informed the Translator of his/her intent to publish the text and if the galley proof (author's proof) of the final text version is submitted to the Translator for proofreading. In such case, the Client shall pay an appropriate reimbursement for proofreading or an adequate hourly rate to be charged and invoiced by the Translator.
5.6 The Translator disclaims any and all defect liability for source material that is difficult to read, illegible or incomprehensible. The same applies to reviews of translations according to Article 5.5.
5.7 Stylistic improvements and adaptations to specific terminologies (particularly to industry-specific and corporate language terms) etc. shall not be deemed translation defects.
5.8 The translation disclaims any and all defect liability for abbreviations and acronyms that were not explained by the Client prior to completion of the translation assignment.
5.9 The translator shall not assume any liability for the correct transcription or reproduction of names and addresses if the source material is not written in Roman characters. In such cases, the Client is recommended to spell out names etc. in Roman characters on a separate sheet. The same applies to illegible names and figures in birth certificates and similar documents.
5.10 Numbers are only inserted in the translation in accordance with the source text (manuscript). The Translator disclaims any and all liability for the conversion of numbers, measurements, currencies, etc.
5.11 Unless manuscripts, original documents, etc. provided by the Client are returned to the Client together with the translation, the Translator shall be liable for storing and keeping them for a period of four weeks upon delivery of the translation. There is no insurance obligation. As far as returning such material is concerned, Article 3.3 shall apply mutatis mutandis.
5.12 The Translator disclaims any and all liability for the provision of translators or interpreters, with the exception of damages caused by willful intent or and gross negligence in the selection process.
5.13 The Translator disclaims any and all liability for proofreading services rendered for translations not produced by the Translator herself unless the source text is provided.
5.14 If translations are transmitted by data transfer (via e-mail, modem, etc.) the Translator cannot be held liable for any deficiencies or impairments caused in the transmission (e.g. virus transmittal, violation of secrecy obligations) unless in the case of willful intent or gross negligence on the part of the Translator.

6. Damages

6.1 Any and all claims for damages against the Translator shall be limited to the net amount invoiced unless the applicable law expressly provides otherwise. Damages caused by willful intent or gross negligence shall be exempt from the above stipulation. No liability is assumed for loss of profits or consequential damage.
6.2 If the Translator has taken out professional liability insurance, claims for damages will be restricted to the amount compensated by the insurance company in the specific case.

7. Copyright

The Translator shall not be obliged to verify that the Client is entitled to translate the source material or have the same translated, but shall be entitled to assume that the Client has obtained all rights from any third parties that are necessary to perform the translation assignment. The Client explicitly undertakes to the Translator that he/she is in possession of these rights.

8. Payment

8.1 Unless otherwise agreed, payment shall be effected without deduction within 14 days after the date of invoice. The Translator shall be entitled to demand a reasonable payment on account. Private persons and first-time clients may be required to pay the full amount in advance.
8.2 In the event of default in payment, the Translator shall be entitled to retain materials provided by the Client for the assignment (e.g. manuscripts to be translated). In the event of default in payment, default interest of 21% will be added to all overdue balances. Such interest shall be payable for the period from the due date for payment until payment of both principal and interest is made in full.
8.3 In the event of non-compliance with the terms of payment agreed between the Client and the Translator, the latter shall be granted the option to discontinue translation services until the Client meets his/her payment obligations. The same applies to translations for which a definite delivery schedule was agreed (see Article 3.1). Discontinuance of translation services shall not provide the Client with any legal claims, nor shall it prejudice the Translator's rights in any way.

9. Confidentiality

The Translator shall at all times exercise due discretion in respect of disclosure to any third party of any information contained in the Client's original documents or translations thereof. The Translator shall also take reasonable care to ensure that this obligation is placed on any sub-contractors. However, the Translator shall not be liable for non-compliance with the obligation to secrecy of any sub-contractor except in the event of gross negligence in selecting the specific sub-contractor. Notwithstanding the above, a third party may be consulted over specific translation terminology questions.

10. Place of performance and place of jurisdiction

The place of performance and the place of jurisdiction for any contractual relationships that are subject to these Terms of Service shall be the Translator's place of residence. Any disputes arising out of or in connection with such contractual relationships shall be submitted to the jurisdiction of the competent courts at the Translator's place of residence.

11. Severability

If any provision of these Terms of Service is held to be illegal, invalid, or unenforceable, then these Terms of Service will be construed and enforced as if such provision had never comprised a part of these Terms of Service, and the remaining provisions will remain in full force and effect.

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