Terms and Conditions
These General Terms and Conditions (“GTC”) shall apply to contracts between Nadja Schmidt (hereinafter referred to as “Contractor”) and her clients, unless the Contractor and the Client have expressly agreed otherwise in writing or the law requires otherwise. Any general terms and conditions of the Client are only binding for the Contractor if they have been expressly accepted by the Contractor in writing. Amendments and supplements to these GTC must be made in writing. This shall also apply to the amendment of the written form requirement itself. The law of the Federal Republic of Germany shall apply. The place of jurisdiction is Hanau. These GTC have been drawn up in German. Any translations are for information purposes only. In case of deviations from the German original, the German version shall prevail.
The Contractor shall prepare a written offer for the Client based on the information provided by the Client. The conditions of the offer expire upon the expiry of the validity date of the offer. Offers are always subject to the actual scope of an order. In the event of discrepancies between the text serving as the basis for the offer and the actual text size to be translated, the actual degree of difficulty or the actual amount of work to be performed, the Contractor shall be entitled to revoke the offer.
Upon acceptance of the offer in text form (email), a contract shall be concluded between the Contractor and the Client under the terms and conditions stated in the offer.
4. Scope of the translation service
The translation service shall be executed carefully in accordance with the principles of proper professional practice. The Client shall receive the contractually agreed copy of the translation. A review of the source text, text entry, conversion of file or text formats, adaptation of texts, typesetting, printing and formatting work, creation or maintenance of terminology lists or glossaries are not part of the contract, unless expressly agreed in writing. If a text to be translated contains non-editable components (e.g. legends of tables, captions of graphics, etc.), these are also not part of the contract, unless expressly agreed in writing.
5. Client’s duty to cooperate and provide information
The Client shall inform the Contractor of the desired forms of the translation (intended use, delivery on data carriers, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the Client shall provide the Contractor with a proof in good time before printing so that the Contractor can correct any errors. Names and numbers are to be checked by the Client. Information and documents necessary for the preparation of a translation shall be provided by the Client to the Contractor upon placing the order (Client’s terminology, illustrations, drawings, tables, abbreviations, etc.). Errors and delays resulting from the lack of or delay in the delivery of information material and instructions shall not be the responsibility of the translator. The Client shall ensure that there are no third party rights to the source texts which prevent editing, translation or transfer to third parties for translation. The translator is not obliged to check this. The Client undertakes to indemnify and hold the translator harmless against any and all claims of third parties based on an actual or alleged infringement of such rights in connection with the performance of this agreement.
6. Delivery, delivery times
The Contractor shall deliver the completed translation in the same format in which they received the source text, provided that the source text was provided in an editable format. Otherwise, the delivery shall be made in Word. Delivery shall be made by email to the email address provided by the Client. Delivery shall be deemed to have taken place when the Contractor’s email server marks it as sent. Certifications / certified translations shall be delivered by regular mail to the address indicated by the Client. If the Client wishes delivery by registered mail or registered mail with return receipt, this must be notified in good time. The Contractor reserves the right to charge any shipping costs incurred. If the Contractor is unable to meet a specific delivery time agreed in writing and if the Client cannot reasonably be expected to accept a delay, the Client shall be entitled to withdraw from the contract. The work performed up to this point shall be adequately remunerated by the Client. The Client shall not be entitled to claim damages.
7. Rights of the Client in case of defects
The translator reserves the right to remedy defects. The Client shall initially only be entitled to the removal of any defects contained in the translation. The claim for removal of defects must be asserted by the Client in writing to the translator within 14 days after delivery of the translation, stating the exact defect. If no claim is made within 14 days, the translation shall be deemed to have been provided and accepted in accordance with the contract. The Client shall be liable for any defects in the source text. Insofar as defects have been asserted, the Client shall set the contractor a deadline for the rectification of defects that is reasonsable for the respective case. The Contractor shall not be obliged to remedy defects if the deviations have been caused by the Client themselves, e.g. by incorrect or imcomplete information or faulty source texts or in the case of changes to the source text not expressly agreed in writing after the order has been placed. In the event of justified and properly asserted defects, the Contractor shall have the right, at their own discretion, to rework the translation at least twice or to produce a new translation. The Client shall remain obligated to accept the service rendered and to make payment. If the Contractor does not remedy the claimed defects within the set period of time or if the Contractor refuses to remedy the defects or if the remedy of the defects is deemed to have failed, the Client may, after hearing the Contractor and at the Contractor’s expense, have the defects remedied by another translator or alternatively demand a reduction of the remuneration or withdraw from the contract. The rectification of defects shall be deemed to have failed if the translation continues to show defects even after several attempts at rectification. The right to complain shall lapse if the Client has edited the part of the translation to which the complaint relates themselves or has had it edited on their behalf.
8. Prices and remuneration
Translation services are charged per word, unless otherwise expressly agreed. The number of words is calculated in the source text, provided that it is available in a countable format. If the source text is not in a countable format, the word count shall be calculated in the target text. Invoices from the translator are due 14 days after the invoice date without deductions, unless otherwise expressly stated. All prices are net plus the statutory value added tax. Unless otherwise expressly agreed, all prices are in euro. Exchange rate risks shall be borne by the Client. Payments shall be made to the account specified in the invoice. Any bank or other transaction fees shall be borne by the Client. In addition to the agreed fee, the Contractor shall be entitled to reimbursement of expenses actually incurred and agreed with the Client. In all cases, valued added tax shall be charged additionally, if required by law. In the case of extensive orders, the Contractor may demand an advance payment which is objectively necessary for the execution of the order. The Contractor may agree with the Client in writing in advance that the handover of their work is dependent on the prior payment of the full fee.
9. Right of withdrawal
Insofar as the placing of a translation order is based on the fact that the Contractor has offered the production of translations on the internet, the Client waives their possibly existing right of revocation in the event that the Contractor has commenced the translation work and has notified the Client thereof.
10. Changes to orders
Significant changes to the order after conclusion of the contract by the Client shall entitle the Contractor to subsequently change prices and/or delivery deadlines or to subsequently refuse to execute the order. Work performed up to this point in time shall be appropriately remunerated by the Client. The Contractor shall provide the Client with parts of the work completed up to this point in time, but shall not assume any guarantee for their quality. In the event that the Contractor has reserved quotas for the execution of the order, they may charge the Client 50% of the specified price for the part of the work not executed. Subsequent changes to the source text do not entitle the Client to free reworking of the translation.
The translation remains the property of the Contractor until full payment has been received. Until then, the Client has no right of use. Upon full payment of the remuneration due, the Contractor shall transfer to the Client the exclusive rights of exploitation and use of the translation, unrestricted in terms of time, content and location. The Contractor reserves any copyright that may have arisen. A naming of the translator in publications of the translated texts is to be agreed upon with the Contractor.
The Contractor shall be obliged to treat all information and materials handed over to them in the course of the execution of this contract as strictly confidential, not to derive any benefit from them and not to use them for purposes other than the preparation and execution of the order or to pass them on to third parties without the written consent of the Client. Excluded from this is information that is public knowledge.
13. Third party involvement
The translator shall be entitled to engage employees or expert third parties for the execution of the order. If the translator engages the services of a third party, the translator shall ensure that the third party undertakes to maintain confidentiality in accordance with section 12.
The Contractor is obliged to work to the best of their knowledge and belief. They do not assume any obligation beyond this. The Contractor shall only be liable for gross negligence and intent. Any further liability for slight negligence is expressly excluded. Damages caused by computer failures and transmission disturbances during email transmission or by viruses are not to be classified as gross negligence. The Contractor shall take precautions against this by means of anti-virus software. The Contractor’s liability shall be limited to twice the invoice value of the service causing the damage, but to a maximum of EUR 5,000. The liability limit is reduced to one third if the client is insured against the damage caused. The Contractor shall not be liable in the event of ambiguity of the text. Claims of the Client against the Contractor due to defects of the translation (§634a BGB) shall become statute-barred one year after acceptance of the translation, unless there is malice. Liability for consequential damages is excluded.
15. Applicable law
German law shall apply to the order and all claims arising therefrom. The place of jurisdiction shall be the Contractor’s place of residence or the location of their professional domicile.
16. Severability clause
Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the econimic result or the intended purpose.