General Terms and Conditions
1. Applicability
The following terms and conditions apply to the entire business relationship with the customer, unless other agreements have been made in writing or other applicable legal provisions state otherwise. The customer accepts these terms and conditions for the current job and any other future jobs. Modifications of these terms and conditions, additional provisions or agreements have to be made in writing and require explicit, written confirmation.
2. Scope of Work and Delivery Dates
We complete our translations in the most professional way, to the best of our knowledge and in good faith. We translate specialized terminology into the most common, lexicographically reasonable and generally accepted version in the target language, unless we receive special instructions or reference documents.
The customer has the obligation to present to the service provider, in due time and without special request, any information or reference material that is necessary for the translation. It is within the service provider’s discretion to assess the difficulty level of the source text. The service provider cannot be held liable for deadlines that are missed as a result of force majeure or the customer’s own actions or inactions. The delivery deadline shall be deemed to be kept if the translation has been sent (per e-mail, mail or courier service) before the end of the deadline. If no other way of delivery has been agreed to, the customer will receive the completed translation as an electronic file.
3. Liability
- The service provider is only liable in case of gross negligence or intent. The service provider reserves the right to rectify any deficiencies. The customer is under the obligation to claim any deficiencies detailed, in writing and within five days after reception of the completed translation. The service provider will then have the opportunity to rectify the deficiencies. If the rectification is not successful, the customer has the right to reduce the price or cancel the sale. We explicitly reject any additional claims, including, but not limited to, compensation for damages.
- In any case, the liability is limited to the value of the translation job in question.
- The service provider is not liable for translation errors resulting from incorrect or incomplete information from the customer, or from incomplete or illegible documents. If the customer does not provide any intended purpose for the translation, the customer may not claim any damages later if the final text does not fit that intended purpose. In case the translation goes to print, the customer needs to provide a proof to the service provider in a timely manner; if the customer fails to do so, any claims resulting from an alleged translation error are excluded.
- If, based on a translation, the service provider faces a copyright infringement claim or similar, the customer releases the service provider from all liability. The translation is deemed free of deficiencies if no deficiency claims are raised within the given deadline.
- The service provider cannot be held liable for any damages resulting from network or server problems, or if the online service is discontinued temporarily or completely for any reason. In these cases, the deadline for a translation job is extended appropriately. The service provider cannot be held liable for damages resulting from computer viruses and other malware either. In case of remote delivery of the translation files (per e-mail, electronic file transfer or other), the customer is responsible for the final review and check of the files and texts. Any claims for damages related to the delivery are excluded.
4. Professional Confidentiality
The service provider is committed to complete confidentiality concerning any information about the customer that is revealed to him in connection with the customer’s order.
5. Terms of Payment
The invoice amount is due in full within 7 (seven) days after the invoice date. For large translation jobs, the service provider reserves the right to require adequate advance or progress payments, as the case may be. Should a job be canceled after it has been started, the customer will have to pay the fees for the parts that have already been completed.
6. Work Done by Third Parties
In the interest of both the customer and the service provider, the service provider reserves the right to subcontract jobs, or any parts thereof, to third-party providers, who will be carefully selected according to their qualification and area of expertise. Direct contact between the customer and any third-party provider is only permitted upon the service provider’s explicit consent.
7. Reservation of Property Rights
Until completion of payment, the translation remains the service provider’s property, and the customer does not have the right of use.
8. Applicable Law
German law applies to translation orders and any related claims. Place of fulfillment and jurisdiction is Schwäbisch Gmünd.