General Terms and Conditions
These terms and conditions generally apply to contracts between translators and their contracting parties (clients) unless other conditions have been specifically agreed to or are legally mandatory. Any general terms and conditions of the customer are only binding for a translator when they have been agreed in writing before project start.
2. The Contracting Party's Duty to Cooperate and Provide Information
Prior to awarding the contract, the contracting party must have informed the translator of the specifics on how the translation is to be carried out (i. e., tools, media, number of copies, layout, etc.). If the contracting party requests adherence to a pre-defined layout after the contract has been awarded, the agreed price must be re-negotiated.
The translator must be informed of the final use of the translation. If the translation goes into print, the contracting party must present the translator with a printout for print approval before the translation goes into production. The translator accepts no liability for any printed product unless (s)he has given print approval.
Before translation work starts and without being prompted, the contracting party must have provided the translator with any information and documents (customer glossaries, images, drawings, tables, abbreviations, etc.) necessary for producing the translation.
Any errors resulting from non-adherence to these obligations are the responsibility of the contracting party.
The translation shall be carried out in compliance with proper professional principles.
Technical terms are translated into their generally used, lexically justifiable or currently accepted target language equivalents, unless the contracting party has provided any specifications or instructions to do otherwise.
In the event that the client makes changes or additions to an assignment after the agreement has been entered into and if these changes and/or additions are not of a limited nature, which is solely at the discretion of the translator, then the translator reserves the right to either alter the delivery time(s) and/or the fee in accordance with the modifications or to reject the modifications.
If due to technical defects which the translator cannot immediately amend, digital data transfer cannot be properly effected, the contracting party shall transfer the data via postal service on currently prevalent media such as USB sticks, compact disk, or similar, and delays due to later arrival must be granted. The translator cannot be held liable for any delays caused by delivery services.
Delivery deadlines will be defined when the contract is awarded and are binding. The translator is, however, not in delivery delay when circumstances beyond his/her control (including sickness and disease) prevent project execution.
If circumstances beyond his/her control prevent the translator from executing a project, the translator has the right to withdraw from the contract or to request an appropriate delay period from the contracting party. Any further rights, including damage claims, are excluded in this context.
4. Remedy of Defects
When the contracting party makes a reprimand due to an objectively existing non-negligible defect, the contracting party may request the translator to remedy this defect. The claim to remedy a defect must state in writing the exact nature of the defect. The translator must be given an adequate amount of time for the corrections.
The right to claim any remedying of defects expires when the claim for remedy has not been made in writing within 2 (two) weeks after delivery of the translation, unless other delays have previously been agreed between the two parties.
In case the remedy of defects or replacement failed for whatever reason, the legally defined warranties apply, unless other terms have previously been agreed between the two parties.
The translator cannot be held liable for damage or loss of materials handed over by the contracting party. The contracting party must ensure the safety of its own data.
The translator cannot be held liable for unintended errors in the translation and any resulting negative effects as long as (s)he has acted in good faith.
The translator cannot be held liable for any defects in the translation which are the result of badly legible, erroneous or incomplete original texts or of erroneous or wrong customer-owned terminology.
The translator's liability is at all times limited to an amount equal to the fee for the assignment concerned, excluding VAT.
In cases of gross negligence and intent the translator is liable to an appropriate extent - but not exceeding the agreed fee for the assignment. In cases of minor negligence, the translator is only liable when an essential contract obligation has been breached.
The translator is under obligation to keep confidential at all times any and all information and documentation given to him/her by the contracting party in the context of the contract. This obligation shall not end with the assignment.
7. Remuneration and Basis of Price Calculation
If not otherwise defined in the quote, prices will be calculated on a by-word-basis, where the number of words in the source text is counted. The word count generated by the WORD programme in MS-Office is binding.
Literary and non-fiction projects will be calculated in accordance with the norm contract defined by the translators' branch of the federation of German authors. Prices are calculated on the basis of norm pages of 30 lines with maximum 60 characters each. The number of lines of the final translation will be billed.
If so agreed between the parties, the translator may claim project-related expenditures for research or for the purchase of materials required especially for the assignment.
The work on modifications will be charged on a per-hour basis as agreed between the two parties.
The translator may demand a down-payment before project start.
The translator may delay final delivery until full payment has been made.
8. Reservation of Proprietary Rights and Copyright
The contracting party has the right to use the translation only after full payment has been made to the translator.
The translator has the copyright to the translation.
9. Assignment Cancellation
In the event that a client withdraws an assignment after an agreement has been entered into, the client is liable for payment of the agreed fee in full, unless the translator grants a discount. The extent of such a discount shall be solely at the translator's discretion and depends on the work already carried out. The translator will make the at that time completed work available to the client.
10. Applicable Law and Jurisdiction
Assignments and any resulting claims shall be governed by the laws of Germany. Place of jurisdiction is the one applicable for the office of the translator. The validity of these general terms and conditions shall not be effected by the nullity or invalidity of individual provisions.Version: 2013/01/07