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General Business Terms for
Translation and Proofreading Services
Translator shall mean the party providing a translation. Client shall mean the party commissioning a translation.
2. Copyright in Source Texts and Copyright in Translations
The translator accepts an order from the Client on the understanding that performance of the translation task will not infringe any third party rights. The Client undertakes to keep the translator harmless from any claim for infringement of copyright and other intellectual property rights.
The translation remains the property of the Translator until it has been paid in full. The Client does not have the right to use it until that time.
3. Quotations and Pricing
Written quotations remain valid for 30 days after dispatch unless otherwise stated. The fee to be charged shall be determined by the translator on the basis of the Client’s description of the source material, the purpose of the translation and any instructions given by the Client. Translations are invoiced by source text words. Editing, proofreading, and copyediting are invoiced by the hour. VAT will be payable in addition. Supplementary charges, for example those arising from discontinuous text, complicated layout, or other forms of layout requiring additional time or resources, and/or poorly legible copy, and/or priority work or work outside normal office hours may also be charged.
Only until the translator has seen all the source material and has received firm instructions from the Client a fixed quotation shall be given. The fee for a translation presenting latent special difficulties of which neither party could be reasonably aware at the time of acceptance shall be renegotiated.
The Translator also reserves the right to add additional charges to the quoted amount if after commencement of the work, changes in the text or in the requirements are advised by the Client. Such a charge will also be agreed with the Client before continuing with the Work.
4. Order Placement
The translation order is considered placed, and the Translator’s General Business Terms accepted, as soon as the Client agrees verbally or in writing with the quote issued by the Translator. In the absence of a quote, the contract is considered to be concluded and the General Business Terms accepted when the Translator receives a written order or when the Translator acknowledges to the Client in writing that the job has been received and will be processed.
Any delivery date or dates agreed between the translator and the Client shall become binding only after the translator has seen the source material to be translated and has received complete instructions from the Client. Where it can be foreseen that the agreed deadline cannot be upheld, the Translator must inform the client immediately.
Costs of delivery of the translation shall normally be borne by the translator. Where delivery requested by the Client involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the Client.
Payment in full to the translator shall be effected not later than 30 days from the date of invoice by the method of payment specified. The Client must cover all bank charges. New and/or overseas Clients may be required to pay a deposit of minimum 50% or up to 100% of the total quote value (inclusive VAT) prior to commencement of the work. For long assignments or texts, the translator may request an initial payment and periodic partial payments on terms to be agreed.
Interest shall automatically be applied at the rate of 8% per annum over base rate (or such rate as is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full. Where delivery is in installments and notice has been given that an interim payment is overdue, the translator shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed.
The translator shall at all times exercise due discretion in respect of disclosure to any Third Party of any information contained in the Client’s original documents or translations thereof without the express authorisation of the Client. Nevertheless a third party may be consulted over specific translation terminology queries, provided that there is no disclosure of confidential material. The translator shall be responsible for the safe-keeping of the Client’s documents and translations, and shall ensure their secure disposal.
8. Cancellation and Frustration of Contract
If a translation task is commissioned and subsequently cancelled, reduced in scope or frustrated by an act or omission on the part of the Client or any third party the Client shall pay the translator the full contract sum, unless otherwise agreed in advance or unless the cancellation has been the result of circumstances wholly beyond the control of the client.
9. Complaints and Adjustments
Any complaint in connection with a translation task shall be notified to the translator in writing within 15 days of the date of delivery of the translation, indicating alleged defects explicitly. Complaint notification or a return does not free the Client from his contractual responsibilities (payment of the fees for accomplished work).
In case of serious and verifiable errors and/or justified complaints, the Translator will have the right to correct the original translation twice and return the corrected translation to the Client within a reasonable period of time.
10. Warranty and Liability
The services shall be carried out using reasonable skill and care and of a quality conforming to generally accepted industry standards and practices. A translation shall be fit for its stated purpose and target readership, and the level of quality specified.
The Translator shall notify the Client as soon as is reasonably practical of any circumstances likely to prejudice the translator’s ability to comply with the terms of the Client’s order, and assist the Client as far as reasonably practical to identify an alternative solution.
The Translator’s is liability is limited at maximum to the total sum of the invoice, excluding value added tax, for the job in question. Evident ambiguities in the original text free the translator from any liability whatsoever. The Translator is not liable for damages from loss of documents or from loss of data and data carriers, which were left to him to fulfill his contractual duties. Also, the Translator cannot be held liable for damages resulting from the use of telecommunications and IT.
Neither the translator nor the Client shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party.
11. Applicable Law and Jurisdiction
If a dispute cannot be resolved amicably between the parties, or if either party refuses to accept arbitration, the parties shall be subject to the jurisdiction of the Courts of Frankfurt, Germany. In any event these terms shall be construed in accordance with German law. In cases of doubt, the German version of the "General Business Terms" applies.
These General Terms of Business represent a set of general conditions as a basis of contract. If terms for an assignment are specified different to above terms, these Special Terms prevail over the General Terms.