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General Terms and Conditions
All businesses concluded between Transtext Sprachendienst and its customers are based on these GTCs. On placing his order, the customer shall thereby recognise these GTCs – irrespective of whether the order was made by telephone, by fax, in person, via the internet or by other means. Other terms and conditions – even if specified on the customer's order form – will not be recognised, unless expressly confirmed in writing by Transtext Sprachendienst. The GTCs may be viewed by the customer at any time on our website and are also available in printed form in our office. Transtext Sprachendienst shall not be obliged to draw attention to the validity of these GTCs at the time of the order being placed.
2. Principles of translation/interpreting services
Transtext Sprachendienst offers translation and interpreting services in over 40 languages. These services are provided by freelance translators/interpreters, who work together in a network and – in relation to their individual work – are supervised from our office in Schwerin. The basic prerequisite for working together with Transtext Sprachendienst is a diploma acquired as a translator or interpreter. The translations are always made by native speakers of the target language, whereby particular attention is paid to the professional specialisation of the translator in each case. For the translation of certificates and other documents requiring certification in Germany, we make use of publicly appointed and legally sworn (or sworn/authorised/certified) translators.
3. Language classes
The contractual relationship begins when both parties have signed the contract. In exceptional cases, we reserve the right to postpone or cancel courses for organisational or similar reasons. Language courses are given in language-course units. Unless otherwise agreed in writing, the prices quoted for language-course services are the prices per language-course unit (2 x 45 minutes). A minimum number of language-course units are scheduled. Course materials, examinations, certifications and other additional services are separately invoiced – either according to the extra work involved or subject to agreement.
Participants are expected to attend the classes on a regular basis. For business and private classes, any desired postponements of individual course dates (language-course units) notified to Transtext Sprachendienst not later than 24 hours before the date of the language-course unit concerned will ensue free of charge, provided that they are made up for not later than three months following the agreed end of the course. This option is not possible, however, for group classes.
Transtext Sprachendienst undertakes to maintain confidentiality in all matters relating to translation or interpreting services for the customer.
5. Placing of orders
The customer can place the order in oral, written or electronic form. The information required consists of the target language, the desired deadline and any particular wishes regarding format and terminology. If the translation is intended for special purposes, such as publication, or for use in different cultural areas with the same language (say, USA and GB, or Spain and Argentina), then it is the responsibility of the customer to inform Transtext Sprachendienst of this. If when placing the order, the customer neglects to establish his particular requirements or – contrary to agreement – refrains from providing supporting material (such as internal company glossaries, prepared speeches) in the period agreed, then any defects or errors in translation arising shall be at the expense of the customer.
6. Delivery form
The translations will be sent by email, telefax or by post. They can also be collected from our office. For urgent orders, a courier or taxi service can be arranged in agreement with the customer.
a) Basis for calculation
All prices are subject to change. The prices indicated are in Euros – excluding VAT. Prices are generally calculated on the basis of standard lines (55 key strokes, incl. spaces). By special arrangement, flat-rate prices can be agreed for texts or interpreting services planned in detail. In the case of larger texts, settlement is possible in instalments. In certain circumstances, such as a private person ordering an interpreting service or a customer with known financial difficulties placing orders, a down payment may be requested beforehand. Services provided by interpreters are calculated on the basis of the time taken. Started hours are rounded up to 30 (or 60) minutes. The travelling time taken for the interpreter to his assignment location (and back) will be invoiced at the hourly rate for the interpreting assignment in addition to the actual interpreting and attendance time incurred. Any expenses incurred (travel, hotel and meals, etc.) shall be borne by the customer. The interpreter's place of residence shall be deemed as the location of the beginning and end of the travel, unless a different location is agreed.
The dates for providing interpreting services must be clearly defined. Transtext Sprachendienst shall ensure strict compliance with these dates, except in the event of force majeure – this also including any internet downtimes and other unavoidable technical difficulties. The delivery of translated texts shall ensue at a date agreed between the customer and Transtext Sprachendienst. Said date may only be exceeded in exceptional cases so as not to compromise the quality of the translation. Delivery shall be deemed to have taken place in the moment that Transtext Sprachendienst has sent (or handed over) the work to the customer (personal delivery, date of dispatch as per email protocol, postmark).
c) Terms of payment
Invoices sent by Transtext Sprachendienst shall be settled within 14 days upon receipt. In certain circumstances, a down payment of the estimated invoice amount shall be made – albeit solely by agreement. If the payment-due date is exceeded, then Transtext Sprachendienst shall be entitled to add interest at the standard banking rate as well as any collection costs to the invoice amount. In the event that further expenses are incurred in special cases, which are necessary to complete the order, then these will be invoiced in addition to the agreed invoice fee. In individual cases, Transtext Sprachendienst shall reserve the right to make the delivery of the work dependent on the prior settlement of the invoice.
8. Title retention
Until payment of all invoices, the translation shall be the sole property of Transtext Sprachendienst, copyright shall remain with Transtext Sprachendienst and the customer shall possess no rights of use whatsoever.
9. Liability and disclaimer
We guarantee the correct translation of the texts as regards content, orthography and grammar. Notwithstanding this, in the event that the customer notices an error in the translation, he shall undertake to notify Transtext Sprachendienst of this within a period of 14 days. On expiry of this period, the text shall be deemed to be acknowledged and accepted. Any further liability shall be excluded. Following notification of the error, Transtext Sprachendienst shall initially be entitled to rectify the text. In the event that this does not lead to the desired result, then Transtext Sprachendienst shall be entitled to a second rectification. Only then shall the customer have the right to reduce the agreed price or to withdraw from the contract. As a matter of principle, we shall assume liability solely for a foreseeable damage typically occurring and in the amount of the order value (price for the translation). Errors or inaccuracies in the translation arising from negligence on the part of the customer shall be excluded from liability. This includes the non-provision of special glossaries, the failure to provide information relating to the intended purpose of the translation, the failure to provide a complete, legible original text, etc. In the event that the customer fails to draw attention to the fact that the translation is intended for publication, no liability shall be assumed for any new translations necessary, adaptations to the requirements of the cultural environment in question or any loss of image thereby incurred. In the event that the customer fails to draw attention to the fact that the translation is intended to be printed, or if he fails (or refuses) to provide us with the final version for further proof-reading and approval for printing before placing the order for the printing, Transtext Sprachendienst shall assume no liability whatsoever for any errors thereby arising. In the event of a breach of copyright, as well as in the case of the assertion of third-party claims, the customer shall indemnify Transtext Sprachendienst from all liabilities. Furthermore, liability shall also be excluded if a translation is transmitted by electronic means either incorrectly or in an incomplete form, or if the translation is lost or damaged when sent by non-electronic means. In any case, liability on the part of Transtext Sprachendienst for damage demonstrably caused directly as a result of errors in translation shall be limited to a maximum amount of €50,000 on a case-by-case basis. The period of limitation for the claim is one year, beginning with the date of acceptance.
10. References and links
Despite thorough editorial scrutiny, we shall not be liable for the content of external links. Responsibility for the content of linked websites lies solely with their operators.
11. Withdrawal from the contract
Withdrawal from the contract shall solely be possible in cases, in which the deadline has been exceeded by an unreasonable extent, the customer has set a suitable period of grace, and this, in turn, has not been met, or – in cases of a poor quality of the translation – three attempts at rectification have ensued without improvement, and a reduction in price is not possible. Withdrawal from the contract shall only be valid if sent to Transtext Sprachendienst in written form. In the event that the customer terminates the contract for other reasons important to him, Transtext Sprachendienst shall be entitled to compensation for the loss of profit in the amount of the contract value.
12. Applicable law and place of jurisdiction
All business connections between Transtext Sprachendienst and its customers shall be subject to German Law without recourse to international law. Place of jurisdiction for both contractual parties shall be Schwerin, Mecklenburg-Western Pomerania.
If one or more provisions should be ineffective, this shall not affect the validity of the remaining provisions. If special agreements are concluded between Transtext Sprachendienst and the customer on conclusion of contract, which deviate from any parts of the GTCs, then the unaffected provisions of the GTCs shall retain their validity.
Transtext Sprachendienst, Zur Ragöse 1, 16230 Chorin, OT Neuehütte, as of: 20th June 2016