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Terms and Conditions below apply.


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Terms and conditions
1. General
These Terms and Conditions apply to all business between the contractor and the principal for the duration of the business relationship. In placing a commission, the principal agrees to and is bound by these Terms and Conditions. These Terms and Conditions also apply to any future transactions. Any differing Terms and Conditions of the principal are not binding on the contractor unless he has specifically agreed to them.
2. Placement of commission
The principal places the commission in writing, specifying the target country, the text’s area of specialization and any particular terminology that is required. The contractor should also be informed of the use to which the translation will be put and the date of delivery. A commission is considered placed only when it has been confirmed in writing by the contractor. The contractor is not responsible for delays, nor for errors in translation arising from inaccuracy or incompleteness of the source text submitted to the contractor or from wording in the source text that is ambiguous or incorrect.
3. Project Management
All work shall be executed with due care in accordance with the principles of proper professional conduct. The principal shall receive the completed translation in the agreed form. The principal shall make available at the earliest possible date all information and documentation useful for carrying out the translation (glossaries, images, drawings, charts/tables, abbreviations, etc.). In the case of lack of clarity in the source text, the contractor reserves the right to raise queries with the principal or to translate the text to the best of his knowledge and ability on the basis of its likely meaning.
Errors that arise through failure to comply with these obligations or through unclear or wrong wording in the source text, do not go to the translator’s detriment.
The contractor undertakes to ensure that nothing is omitted from or added to the translation. The contractor reserves the right if necessary to insert comments, footnotes etc. to aid understanding of the text in the target language.
4. Fulfilment by third parties
The contractor is entitled to call upon third parties, especially her own co-workers, in order to execute commissions, if she considers this appropriate or necessary. The business relationship is always between the principal and the contractor only. Any future commission that may ensue between the principal and the third party commissioned by the contractor according to sentence 1 requires the contractor’s approval.
5. Delivery of the translation and complaints procedure
The translation is considered accepted unless the principal raises an objection to an objectively verifiable, not merely trivial error immediately or at the latest within 14 days of receipt of the translation. Any client wishes regarding modification, completion or correction of the translation will be considered within the aforementioned 14-day period. The claim to remedy of errors must be asserted giving exact specification of the error. The contractor commits herself to remedying the defect with greatest accuracy. Upon acceptance the principal waives any claim to which he might be entitled in consequence of any defects in the translation. If the first attempt to remedy the defect is unsuccessful, the principal must claim the error with as precise a description as possible within 10 days. If no claim is submitted during this time period, the corrections are considered agreed. If the second attempt to remedy the error is also unsuccessful, the principal is entitled to choose to either accept a reduction in the agreed remuneration or withdraw from the contract.
6. Liability
If the contractor is liable due to legal provisions for a damage that was caused with ordinary negligence, the contractor is liable only within the limitations of the following dispositions:
The contractor is liable only if in breach of essential obligations ensuing from the contract such as those imposed on the contractor by the contract, its content and purpose, or the accomplishment of which is fundamental to the orderly execution of the contract and on the observance of which the principal regularly relies or can rely.
This liability is limited to the typical damage foreseeable at the moment of the conclusion of the contract. As far as the damage is covered by an indemnity insurance stipulated by the principal for the relevant claim (except insurance for a specified amount), the contractor is liable only for damage that may be incurred by the principal such as higher insurance premiums or losses of interest until the adjustment of damages is made by the insurance company. Irrespective of a responsibility on the part of the contractor, any liability of the contractor is not affected by fraudulent concealment of an error, by taking over a guarantee or by a procurement risk.
The personal liability of proxies, third parties and co-workers of the contractor is excluded for damages caused with ordinary negligence. The limitations of liability mentioned in this paragraph do not apply in the event of damage or injury to life, body and health.
7. Delivery terms
Delivery terms are quoted in good faith but must always be regarded as provisional. The principal can extend the delivery term quoted in the commission confirmation if particular difficulties are encountered in the text to be translated or for other reasons.
8. Payment, terms of payment
All prices and quotations are subject to change. Prices are in euros unless otherwise agreed.
A cancellation fee shall be payable if an agreed commission for interpreting services is cancelled by the principal at short notice. If the cancellation is made five to ten working days prior to the agreed commencement date, this shall amount to 25% of the agreed fee for the commission; if the cancellation is made one to four working days prior to the agreed commencement date, this shall amount to 50 per cent of the agreed fee for the commission. The principal shall be at liberty to prove no loss or a smaller loss.
Payment by corporate clients shall be made upon invoice. Payment is due upon receipt of the invoice. For large translation volumes the contractor may request 50 per cent of the total in advance. If the volume or level of difficulty of the translation exceeds that which was agreed upon placement of the commission, or if deadlines are defined that are earlier than those originally agreed, the contractor reserves the right to charge a higher fee to take account of the additional work.
Payment by private clients shall be made in advance or by direct debit. If payment is delayed, the costs of issuing reminders will be charged to the principal to the amount of 10 euros for each reminder; the principal shall be at liberty to prove no loss or a smaller loss.
9. Disruption, force majeure, closure or limitation of the business, network and server failures, viruses
The contractor shall not be held liable for losses arising from disruption of the principal’s business, in particular as a result of force majeure, e.g. natural events, breakdowns in communication services, network and server failures, other disruptions of services or communication systems and other problems for which the contractor is not responsible. In exceptional circumstances of this sort, the contractor is entitled to withdraw either wholly or in part from the contract. The contractor is likewise not liable for loss or damage arising from computer viruses for which she is not responsible.
10. Retention of title
The contractor retains ownership and copyright and any rights of use or licence of the translation delivered until she has received payment in full of all amounts due to her. Before that time the principal has no right of use to the translation.
11. Despatch
Despatch or electronic transfer takes place at the principal’s risk if the principal is not a private client. The contractor is not liable for faulty or harmful transmission or for loss of the texts or for damage to or loss of the texts when sent by non-electronic means, unless the principal is a private client.
12. Confidentiality
All texts are treated as confidential and the contractor undertakes to maintain confidentiality with regard to all facts of which he becomes aware in connection with his activity for the principal.
13. Additional agreements
If the principal makes agreements with the contractor that deviate from these Terms and Conditions, or if amendments, additions or subsidiary agreements are made to the agreed terms, these alterations are not valid unless made in writing. The same shall apply to any waiver of this written-form requirement.
14. Severability clause
If individual provisions of the above Terms and Conditions are wholly or partly not part of the contract or invalid, and the contract as a whole shall continue to apply to the full extent. In this event the content of the contract is governed by the legal provisions.
15. Applicable law and place of jurisdiction
The contractual relationship and any other business relationship between the contractor and the principal are governed exclusively by German law excluding the international Purchasing Convention. The place of jurisdiction for all disputes is exclusively Berlin-Charlottenburg, Germany.