My activity as a specialist translator is ruled by the following General Terms and Conditions based on the recommendations of the Federal Association of Interpreters and Translators of Germany (BDÜ).
1. Area of application
(1) These terms and conditions shall apply to agreements between the translator and her customer, unless otherwise agreed or legally mandatory.
(2) The customer’s General Terms and Conditions are not binding for the translator, unless 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, number of copies, all formatting, etc.). If the translation is destined for print, the customer shall provide the translator with a proof prior to printing, allowing an ample time period for the translator to correct any errors. Names and figures are to be proofread by the customer.
2) When placing the order the customer shall provide the translator with all the information and documents necessary to carry out the translation (any customer glossaries with terminology, illustrations, drawings, tables, abbreviations, in-house terms, etc.).
(3) The translator shall not be held responsible for any errors or delays incurred due to errors or delays in the supply of information and instructions.
(4) The customer assumes liability for any rights pertaining to or related to the text and undertakes to ensure that the act of translating the text is legal. 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 first assigned translator and at her 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.
(1) The translator is liable in case of gross negligence. 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 against such failures by means of anti-virus programmes. Liability in cases of slight negligence shall only apply in the event of violation of primary duties.
(2) The customer’s claim for damages against the translator is limited to Euros 5,000; in individual cases, a higher claim for damages may be agreed explicitly.
(3) The exclusion or limitation of the liability according to item 5 (1) and (2) shall not apply to damage relating to death, physical injury or damage to health.
(4) The customer’s claims against the translator for errors in the translation (Article 634a BGB, German 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) The liability for consequential harm caused by a defect in the work delivered is limited to the legal limitation period, contrary to Art. 634a BGB (German Civil Code). However, Art. 202 (1) BGB shall remain unaffected.
6. Professional Secrecy
The translator shall not disclose any facts or knowledge about and in connection to the activities she performs in order to produce the contractually agreed translation.
7. Cooperation of Third Parties
(1) The translator shall be entitled to consult qualified third parties in order to execute the order or ask a cooperating freelancer of her choice to carry out the translation.
(2) In the event of a consultation as previously mentioned, the translator undertakes to ensure that any third party entrusted by her complies with the obligation of professional secrecy according to item 6.
(1) The translator’s invoices are due for payment in full within14 days after the date of invoice.
(2) As a small entrepreneur, the translator does not have to pay value-added tax, so no VAT will be charged in the invoice.
(3) The translator shall be entitled to reimbursement of any expenses actually incurred for her work and agreed upon beforehand with the customer. In that case, VAT will be charged wherever required by Law.
In case of extensive translation orders, the translator shall be entitled to request an adequate advance payment. Before beginning her work, the translator can agree in writing with the customer that the delivery of this work is subject to the full payment of her 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) (German 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 of the translation.
10. Right of rescission
The customer shall waive her/his possibly existing right of revocation of the order 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 Berlin, Germany.
(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 which corresponds as near as possible to the invalidated clause in its economic result and/or its intended purpose.
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.