GENERAL TERMS AND CONDITIONS FOR TRANSLATORS

The following General Terms and Conditions for Translators apply in accordance with the recommendations of the BDÜ (Federal Association of Interpreters and Translators — Bundesverband der Dolmetscher und Übersetzer e.V.):

1. Scope

These terms and conditions apply to contracts between the Translator and the Client, save where otherwise expressly agreed or required by mandatory law.

• The Client’s general terms and conditions shall be binding upon the Translator only if expressly accepted by the Translator.

2. Scope of the Translation Assignment

The translation shall be carried out with due diligence in accordance with the principles of proper professional conduct. The Client shall receive the translation in the form contractually agreed.

3. Client’s Duty to Cooperate and Inform

The Client shall inform the Translator in good time of the desired form of execution (intended use, delivery on data media, number of copies, ready for press, outer form of the translation). Where the translation is intended for printing, the Client shall provide the Translator with proofs in good time before printing, so that the Translator can correct any errors. Names and figures shall be verified by the Client.

• Information and documents required for the translation shall be made available to the Translator by the Client upon placement of the order (Client’s terminology, illustrations, drawings, tables, abbreviations, internal terms).
• Errors and delays arising from the lack of, or delay in, the provision of information and instructions are not the Translator’s responsibility.
• The Client assumes liability for the rights to the text and ensures that a translation may be produced. The Client shall indemnify the Translator against any third-party claims in this respect.

4. Client’s Rights in Case of Defects

The Translator reserves the right to remedy defects. The Client shall initially be entitled only to the rectification of any defects contained in the translation.

• The Client must claim rectification of defects, specifying the nature of the defect precisely.
• If the Translator fails to remedy the asserted defects within a reasonable period, refuses to do so, or if the rectification must be deemed to have failed, the Client may, after hearing the Translator, have the defects remedied by another translator at the Translator’s expense, demand a reduction of the fee, or withdraw from the contract. Rectification shall be deemed to have failed where, despite several attempts, the translation continues to be defective.

5. Liability

The Translator shall be liable for gross negligence and intent. Damage caused by computer failures, transmission faults in email delivery, or viruses shall not be deemed gross negligence. The Translator takes precautions against such risks by means of antivirus software. Liability for slight negligence shall apply exclusively in the event of a breach of cardinal obligations.

• The Client’s claim against the Translator for compensation for damage caused under § 5 (1) sentence 4 is limited to EUR 5,000; in individual cases, a higher claim for damages may be expressly agreed.
• The exclusion or limitation of liability under § 5 (1) and (2) does not apply to damage suffered by a consumer resulting from injury to life, body, or health.
• The Client’s claims against the Translator on account of defects in the translation (§ 634a BGB) are time-barred, in the absence of wilful deceit, one year after acceptance of the translation.
• Liability for consequential damages resulting from defects is limited, contrary to § 634a BGB, to the statutory limitation period. Section 202 (1) BGB remains unaffected.

6. Professional Secrecy

The Translator undertakes to maintain confidentiality regarding all facts that come to the Translator’s knowledge in connection with activities performed for the Client.

7. Involvement of Third Parties

The Translator is entitled to engage staff or qualified third parties for the execution of the assignment.

• Where qualified third parties are engaged, the Translator shall ensure that they commit themselves to confidentiality in accordance with Section 6.

8. Remuneration

• The Translator’s invoices are due and payable without deduction within 14 days of invoice date.
• All prices are exclusive of statutory value added tax.
• In addition to the agreed fee, the Translator is entitled to reimbursement of expenses actually incurred and agreed with the Client. In all cases, VAT will be added where legally required. For extensive translations, the Translator may demand a reasonable advance payment. The Translator may agree in writing with the Client, prior to execution, that delivery of the work is conditional upon prior payment of the full fee.
• Where the amount of the fee has not been agreed, an appropriate and customary remuneration determined by type and difficulty shall be due. This shall not fall below the rates in force under the German Judicial Remuneration and Compensation Act (JVEG).

9. Retention of Title and Copyright

The translation shall remain the property of the Translator until full payment has been made. Until then, the Client shall have no right of use.

• The Translator reserves any copyright that may arise.

10. Right of Withdrawal

Insofar as the placing of the translation order is based on the Translator having offered translation services on the Internet, the Client waives any right of withdrawal that may exist, where the Translator has commenced the translation work and has notified the Client thereof.

11. Applicable Law

The assignment and all claims arising therefrom shall be governed by German law.

• The place of performance is the Translator’s domicile or the seat of the Translator’s professional establishment.
• The place of jurisdiction is the place of performance.
• The contract language is German.

12. Severability Clause

The validity of these terms and conditions shall not be affected by the invalidity or unenforceability of individual provisions. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic outcome or the intended purpose.

13. Amendments and Supplements

Amendments and supplements to these Terms and Conditions shall be valid only if agreed in writing. This shall also apply to any amendment of the written-form requirement itself.