General Terms of contract of Translation OK Ute Schulze Pröbsting
Only the German text is authentic.
1. Scope of application
(1) These Terms of Contract shall apply to contracts between Translation OK Ute Schulze Pröbsting (in the following referred to as "translator") and her customer unless not expressly agreed otherwise or mandatory by law.
(2) General Terms and Conditions of the customer shall only be mandatory for the translator as far as expressly accepted by the translator.
2. Scope of the translation order
The translation shall be made accurately according to good professional practice. Technical terms shall be, when the customer has supplied no other documents or specific instructions, translated into the common, lexically reasonable or generally comprehensible version, respectively. The customer shall receive the copy of the translation in the form agreed by contract.
3. Duty of the customer to cooperate and inform
(1) The customer shall inform the translator in good time about any desired special characteristics of the translation (intended use, supply on data media, file formats, number of copies, readiness for printing, layout of the translation, etc.). If the translation is intended for printing, the customer shall submit a proof to the translator in sufficient time prior to printing so the translator can correct possible errors. Names and numbers shall be checked by the customer.
(2) The customer shall provide the information and documents required for the translation to the translator at the time of order placement (customer's terminology, glossaries, illustrations, drawings, abbreviations, etc.).
(3) Errors and delays resulting from the lack of provision of information material and instructions or of their delayed provision shall not be at the expense of the translator.
(4) The customer shall assume liability for text rights and is to make sure the text may be translated. He/she shall exempt the translator from corresponding claims of third parties.
4. Rights of the customer in case of defects
(1) The translator reserves the right to supplementary performance. Initially, the customer can only claim a remedy of the possible defects of the translation.
(2) The corrections shall be made only after the customer has specified the exact defects.
(3) If the translator does not remedy the defects within a reasonable time, if he/she refuses to remedy the defects, or if the remedy of defects must be considered as failed, after consulting with the translator, the customer can have the defects remedied at the expense of the translator by another translator or he/she can demand the reduction of payment or withdraw from the contract. Remedy of defects shall be considered as failed if the translation still shows defects after several attempts of remedy.
5. Liability
(1) The translator shall be liable in case of gross negligence and intent. Damage resulting from PC failures or transmission faults during sending of e-mails or caused by computer viruses shall not be considered gross negligence. The translator shall take the necessary precautions by means of antivirus software. Liability in cases of slight negligence shall apply exclusively if they involve an infringement of primary duties.
(2) The claim of the customer against the translator for damages for a damage caused according to section 5 subsection (1) sentence 4 shall be limited to 300,000 euros; for individual cases, higher claims for damages can be expressly agreed.
(3) The exclusion or limitation of liability according to section 5 subsections (1) and (2) shall not apply to damage of a consumer based on injury to life, body or health.
(4) Claims of the customer against the translator for defects of the translation
(Section 634a of the German Civil Code, BGB) shall be subject to a one-year limitation period from the acceptance of the translation, except in the event of fraud.
(5) Contrary to Section 634a BGB, liability for consequential damage caused by a defect shall be limited to the legal limitation period. Section 202 subsection 1 BGB shall not be affected.
6. Professional secrecy
The translator shall undertake not to divulge any information obtained in the course of his/her work as a translator for the customer.
7. Cooperation of third parties
(1) The translator shall be entitled to consult qualified third parties to execute the order or have the translation carried out by another translator of his/her choice.
(2) If a qualified third party is consulted, the translator shall ensure that the third party commits himself/herself to secrecy according to section 6.
8. Remuneration
(1) The translator's invoices shall be due for payment in full within 14 days after the date of invoice.
(2) All prices are net prices. Turnover tax fixed by law shall be charged in addition.
(3) Apart from the agreed fee, the translator shall be entitled to reimbursement of the actual expenses agreed upon beforehand with the customer. In all cases turnover tax shall be charged in addition as far as required by law. For any translation exceeding the number of new words to be translated of 30,000, the translator shall be entitled to charge a reasonable advance payment. Before commencing the translation, the translator can agree with the customer in writing that the delivery of his/her work is subject to the full payment of his/her remuneration.
(4) If no agreement has been made as to the fee, the customer shall owe a remuneration that is deemed reasonable and usual for the type and degree of difficulty of the translation. The fee shall not be less than the applicable rates stated in the German Court Payment and Reimbursement Act (JVEG).
9. Retention of title and copyright
(1) The translation shall remain property of the translator until payment is made in full. Until then, the customer shall have no right of use.
(2) The translator shall reserve a possible copyright.
10. Right of withdrawal
As far as the placing of a translation order that is based on the fact that the translator offers translation services on the Internet, the customer shall renounce to his possibly existing right of revocation if the translator has already started translation and has informed the customer thereof.
11. Applicable law
(1) The law of the Federal Republic of Germany shall apply for all orders and all claims arising thereof.
(2) Place of jurisdiction shall be Münster in Westphalia, Germany.
(3) Language of the contracts is German, English or Spanish.
12. Severability
If any provision in these Terms of Contract is or becomes invalid or ineffective, this shall not prejudice the applicability of all the other provisions in these Terms of Contract. The invalid provision shall be replaced with a valid provision that is as close as possible to the economic result or, respectively, the aim pursued.
13. Amendments and additions
Amendments and additions to these General Terms of Contract are only valid when made in writing. This also applies to an amendment of the requirement of written form itself.