Scope of Application
1. These General Terms and Conditions apply to all contracts between the translator/proofreader and her customers, unless otherwise explicitly agreed upon or required by German law.
2. The customers’ General Terms and Conditions are only binding for the translator/proofreader if she has explicitly acknowledged them.
3. These General Terms and Conditions are acknowledged by the customer by placing an order and apply to the present and future business relations with the customers, even if the translator/proofreader no longer refers to these General Terms and Conditions when accepting the individual orders.
4. These General Terms and Conditions are rated as accepted and conflicting conditions as dropped by the customer, unless the translator/proofreader has received a written objection describing the exact type and scope of the not recognized condition within three days. Alterations, additions, and side agreements of the agreements made with her customers are binding upon receipt of a written confirmation.
Scope of the Translation & Proofreading Order
1. Translating/proofreading is carried out with care according to the principles of proper professional conduct.
2. Unless otherwise agreed, the translation/proofreading orders only comprise the translation/proofreading of the documents. Layout editing must be executed by the customer after the translation/proofreading has been completed.
1. Delivery of the finished translated/proofread document takes place at risk of the customer. Usually, the delivery is carried out by email. The translator/proofreader is not liable for damage or loss of the translated/proofread document within the scope of electronic or postal delivery. For delivery charges, postage and other additional costs the customer will be charged. The return of provided documents will only be performed at explicit request and at the cost and risk of the customer.
2. The client is not entitled to withdraw from the contract or claim damages if the translator/proofreader is prevented from continuing or completing the services due to force majeure or other unavoidable circumstances over which the translator/proofreader has no control. If the object of the order is changed, the delivery deadlines and the costs of the order are to be renegotiated.
3. Delivery times are stated to the customer to the best of the translator/proofreader’s knowledge and belief. A delivery is deemed completed when the translated/proofread document has verifiably (delivery report, post office receipt, courier receipt) been shipped. If desired, the translated/proofread document can be sent as a printout or CD. The sending of a printout or CD will be invoiced separately.
Customer’s Duty to Collaborate and Inform
1. The customer has to timely inform the translator/proofreader of particular styles of the to be translated/proofread document (editing on storage media, numbers of copies, printability, appearance, etc.). If the translated/proofread document is meant to be printed or publicly published, the customer must provide the translator/proofreader a proof copy of the document.
2. Information and documents required to create a translated/proofread document (glossaries, illustrations, sketches, charts, abbreviations, etc.) have to be provided timely and unsolicited.
3. Errors arising from non-compliance with these obligations are not borne by the translator/proofreader.
Elimination of Defects
The translator/proofreader reserves the right to correct defects. The customer is entitled to demand correction of any possible deficiencies contained in the translated/proofread document. The claim for defect elimination must be asserted by the client with a precise indication of the defect. The claim for removal of defects must be asserted by the customer with a specification of the defect. The translated/proofread document is considered as accepted if the customer does not notify obvious defects (e.g. missing text passages) within 5 business days and hidden defects (e.g. errors in interpretation of the original text) within 10 business days after receipt of the delivery in written form. Different views on the style of the text do not constitute a defect. Differing views on terminology do not constitute a defect if the customer has not provided the translator/proofreader a list of the terms to be used before processing. The translator/proofreader must be given a reasonable deadline for the rectification of recognized deficiencies. In case of failure of the rectification or a replacement delivery, the legal warranty rights will come into force again, unless an agreement has been made.
The translator/proofreader will be held liable in cases of gross negligence and premeditation at a reasonable amount. Liability in case of minor negligence shall only be applicable if essential contractual obligations are violated. The translator/proofreader is not liable for damage or loss of the materials provided by the customer. The customer is bound to ensure an adequate backup of their data.
The translator/proofreader pledges herself to secrecy about all matters that come to her attention in connection with her work with the client.
1. The extent of a translated document is usually determined by the amount of words of the source text. The rate per word amounts to 0.15€.
2. Editing and proofreading are calculated on the basis of the quarter hourly rate of 9.75€.
3. The payment for Germany-based customers is due within 14 days after the translated/proofread document has been delivered.
4. Customers based outside of Germany will be requested to make an advanced payment in full. Depending on the amount of work and cost a partial prepayment can be negotiated.
5. For extensive translations/proofreading the translator/proofreader may demand an advance payment which is objectively necessary to create the translated/proofread document. She may condition the delivery of her work on the prepayment of the complete invoice amount.
6. In addition to the agreed fee, the translator/proofreader is entitled to claim reimbursement of effectively incurred expenses.
7. If no agreement has been made as to the amount of the remuneration, the customer shall pay a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translated/proofread document order. See article 1. and 2. in Fees.
8. In the case of foreign transactions, the customer shall consider and bear all the transfer charges which may arise. These costs are not included in the invoices issued by the translator/proofreader.
Reservation of Ownership and Copyright
1. The translated/proofread document remains the property of the translator/proofreader until payment in full. Until then the client has no right of use.
2. The translator/proofreader reserves the copyright to the translated/proofread document.
Cancellation of a Contract
The contracting authority may terminate the contract until the completion of the translation/proofreading only for serious reason. The termination is only effective if it has been declared to the translator/proofreader in writing. In this case, the translator/proofreader shall be liable for compensation for the lost profit in the amount of the order value.
1. German law applies to the order and to all resulting claims. Jurisdiction is Aachen, Germany.
2. Should individual clauses in these Terms and Conditions prove for any reason to be partly or wholly invalid, this shall not impair the validity of the remaining clauses.