General Terms and Conditions for Interpretation

1. Area of application
These terms and conditions shall apply to agreements between the interpreter and his/her customer, unless otherwise agreed or legally mandatory. The customer’s general terms and conditions are not binding for the interpreter, unless he/she has explicitly agreed to this beforehand.

2. Scope of the interpreting order
The interpreter shall perform the order in accordance with the principles of due diligence. He/she shall be obligated to work to the best of his/her knowledge and belief. He/she will not enter into any commitment beyond this.
The interpretation is exclusively intended for immediate hearing. A recording is only permitted with the prior consent of the interpreter. Any further use (e.g. direct broadcasting) requires a separate agreement.
The interpreter has the right to retain the copyright. The customer shall also be liable for unauthorized recordings by third parties.

3. Substitution
In case the interpreter shall be prevented from fulfilling the order for good cause, he/she shall do his/her utmost to ensure that a professional colleague take over the duties arising from this order, to a reasonable extent. The substitution shall be subject to the consent of the customer.

4. Cooperation and information to be supplied by the customer
The customer shall undertake to inform the interpreter in due time about the specific scope of the interpretation, with aggravating circumstances or certain services possibly being invoiced separately (audio recording, films etc.) – following consultation with the customer. Information and documents required to carry out the interpretation shall be provided by the customer unsolicited and in due time (glossary, in-house terms, illustrations, drawings, tables, abvreviations etc.). The interpreter shall not be held responsible for any errors incurred by the non-compliance with the above obligations.

5. Liability
The interpreter shall only be held liable in the event of gross negligence and wilfulness. The liability is limited to the remuneration agreed upon. Liability for subsequent damages shall be excluded.

6. Professional Secrecy
The interpreter shall undertake to maintain secret any information that has come to his/her knowledge in connection with his/her activities for the customer, and not to derive any benefit from same.

7. Remuneration
The remuneration is payable in full and without any deductions. The legally applicable VAT will be charged in addition. The remuneration is due for payment upon completion of the order.
In addition to the agreed remuneration the interpreter shall be entitled to reimbursement of any expenses actually incurred and agreed upon beforehand with the customer. In each case, VAT will be charged in addition wherever required by law. In the event of extensive interpretation orders the interpreter shall be entitled to request an advance payment deemed adequate for the execution of the order.

8. Act of God
In case of Act of God the parties shall be released from their obligations, inasmuch as these are affected. This shall not apply to financial obligations already incurred. The customer is equally obligated to reimburse the interpreter for any expenses incurred and the services rendered to-date.

9. Cancellation
In the event the customer cancels the order, or waives the services of the interpreter for the period or the conditions agreed upon, the interpreter shall be entitled to the remuneration agreed upon as well as to the reimbursement of any provable expenses incurred. If the interpreter receives another order for the period of the cancelled order, he/she can deduct the remuneration received for this order from the fee of the cancelled order.

10. Applicable Law
German law shall be applicable for each interpretation and all ensuing claims in connection therewith. Place of jurisdiction is the residence of the interpreter or his business seat.

11. Severability Clause
The validity of these terms and conditions as a whole shall not be affected by the invalidity and ineffectiveness of individual clauses. The invalid clause is to be replaced by a valid one, corresponding as near as possible to the economic result and/or the intended purpose of the invalid clause.

12. Changes and Amendments
Changes and amendments of these terms and conditions are not valid unless made in writing. This also applies to the change of the legal requirement of writing itself.

General Terms and Conditions for Translations

1. Area of application
(1) These terms and conditions shall apply to agreements between the translator and his/her customer, unless otherwise agreed or legally mandatory.
(2) The customer’s general terms and conditions are not binding for the translator, unless he/she has explicitly agreed to this beforehand in writing.

2. Scope of the translation order
The translation shall be performed in accordance with the principles of due diligence. It will be delivered to the customer in the contractually agreed form.

3. Cooperation and information to be supplied by the customer
(1) The customer shall undertake to inform the translator in due time about the required forms of the translation (purpose, translation on data media, number of copies, ready for printing, outer form of the translation etc.). In case the translation is meant to be printed the customer must provide the translator with a proof well in time prior to printing, thus enabling the translator to correct any errors. Names and figures are to be proof-read by the customer.
(2) When placing the order the customer shall be obligated to provide the translator with all information and documents required to carry out the translation (customer glossaries, illustrations, drawings, tables, abbreviations, in-house terms etc.).
(3) The translator shall not be held responsible for any errors or delays incurred by the faulty or delayed supply of information and instructions.
(4) The customer assumes the liability for the rights regarding the text and ensures that nothing speaks against a translation thereof. The customer releases the translator from any third party claims.

4. Rights of the customer in case of errors
(1) The translator shall reserve the right to rectify any errors. For the time being, the customer shall only be entitled to rectification of any possible errors contained in the translation.
(2) The customer’s right to rectification of errors must be asserted in writing with exact details of the error(s).
(3) In the event the translator does not rectify the errors within an adequate period of time, or refuses to do so, or if the rectification of errors is deemed to have failed, the customer shall be entitled to have the errors rectified by another translator, following consultation with the assigned translator and at his expense.
Alternatively, the customer can request a reduction of the remuneration or cancellation of the order. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts to rectify.

5. Liability
(1) The translator shall be held liable in the event of gross negligence and wilfulness. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by viruses are not considered gross negligence. The translator shall take the necessary precautions by means of anti-virus programmes. Liability in cases of slight negligence shall apply exclusively if they involve an infringement of a major obligation.
(2) The customer’s claim for damages against the translator is limited to Euros 5,000; in the individual case a higher claim for damages can be agreed explicitly.
(3) The exclusion or limitation of the liability according to item 5 (1) and (2) shall not apply to damages incurred by a consumer from the injury to his/her life, body or health.
(4) The customer’s claims against the translator for errors in the translation (§ 634a BGB (Civil Code)) are subject to a limitation period of one year from the date of acceptance of the translation, except in the event of malice.
(5) Contrary to § 634a BGB the liability for consequential harm caused by a defect is limited to the legal limitation period. § 202 (1) BGB shall not be affected.

6. Professional secrecy
The translator shall undertake to maintain secret any facts that have come to his/her knowledge in connection with his/her activities for the customer.

7. Cooperation of third parties
(1) The translator shall be entitled to consult qualified third parties or have the translation carried out by a cooperating free-lancer of his choice.
(2) In the event a qualified third party is consulted, the translator must bind this person to secrecy according to item 6.

8. Remuneration
(1) The translator’s invoices are due for payment in full within14 days after the date of invoice.
(2) The prices are net prices. The legally applicable VAT will be charged in addition.
(3) In addition to the agreed remuneration the translator shall be entitled to reimbursement of any expenses actually incurred and agreed upon beforehand with the customer. In every case, VAT will be charged in addition wherever required by law. In case of extensive translation orders the translator shall be entitled to request an adequate advance payment. Prior to commencing his work, the translator can agree in
writing with the customer that the delivery of this work is subject to the full payment of his remuneration.
(4) If no agreement has been made as to the amount of the remuneration, the customer shall owe a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order. This fee will not go below the respective rates applicable in accordance with the “Justizvergütungs- und -entschädigungsgesetz” (JVEG) (law on the remuneration of witnesses and experts).

9. Retention of title and copyright
(1) The translation remains the property of the translator until payment is made in full. The customer shall not have the right to use the translation until then.
(2) The translator will retain the copyright to the translation.

10. Right of rescission
In the event that the placing of a translation order is based on the fact that the translator offers his services in the Internet, the customer shall waive his possibly existing right of revocation if the translator has already started the work and has informed the customer thereof.

11. Applicable law
(1) German law shall be applicable for each translation order and all ensuing claims in connection therewith.
(2) Place of performance is the residence of the translator or his business seat.
(3) Place of jurisdiction is the place of performance.
(4) Contractual language is German.

12. Severability Clause
The validity of these terms and conditions as a whole shall not be affected by the invalidity and ineffectiveness of individual clauses. The invalid clause is to be replaced by a valid one, corresponding as near as possible to the economic result and/or the intended purpose of the invalid clause.

13. Changes and Amendments
Changes and amendments of these terms and conditions are not valid unless made in writing. This also applies to the change of the legal requirement of writing itself.