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1. General
These General
Terms & Conditions shall apply to all orders placed by you (the “Customer”)
with me (the “Translator”) unless expressly agreed otherwise and confirmed by
me in writing.
Any different
general terms and conditions of the Customer shall be binding upon me only if
expressly accepted by me in writing or text form at the time of order
placement.
2. Performance
I will perform
all ordered translations with reasonable due care. If the Customer requests a
special form of translation (e.g. with regard to readiness for press, layout,
style, etc.), such requirements must be stated at the time of placing the
order; otherwise the translation work shall be deemed properly performed if and
when the text has been properly translated from the source language into the
target language.
3. Remuneration
The remuneration
agreed upon at the time of order placement shall be due and payable upon full
delivery of the translated text and shall be paid immediately after receipt of
the related invoice.
In addition to
the agreed remuneration, additional costs may be charged in the amount actually
incurred by the Translator (e.g. delivery by courier, costs of materials,
etc.), provided that such costs have been agreed upon between Customer and
Translator.
Unless expressly
agreed otherwise or stated elsewhere herein, the remuneration shall be in Euro
plus VAT at the statutory rate applicable from time to time and shall be paid
into the bank account designated by the Translator in available funds, free and
clear of any charges.
Unless expressly
agreed otherwise, the remuneration shall be calculated based on the number of
words contained in the source text. If, instead of the foregoing, a fee based
on lines is agreed, e.g. because the source text is not available in an
editable form and a calculation based on the number of words would result in a
disproportionate effort, the fee calculation will be based on the number of
translated lines (in the target language) using a standardized line length of
max. 55 characters per line.
Notwithstanding
the first paragraph of this section 3, the Translator shall be entitled to
request the payment of a reasonable advance or interim payment for extensive
translations or, if justified in the individual case in the sole judgment of
Translator, to request full payment of the agreed remuneration prior to the
delivery of the translation work.
4. Ownership; Copyright
The translation
work shall remain the property of the Translator until the amount invoiced as
remuneration therefore has been paid in full and received by the Translator as
set forth in section 3 above.
Any copyright, if
any, in the translation shall be reserved by the Translator in each individual
case.
5. LIABILITY; LIMITATION OF
LIABILITY
THE TRANSLATOR
SHALL BE LIABLE FOR WILLFUL CONDUCT OR GROSS NEGLIGENCE EXCLUSIVELY; ANY CLAIMS
FOR LIABILITY EXCEEDING THE FOREGOING, INCLUDING BUT NOT BEING LIMITED TO ANY
LIABILITY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER
EXPRESS OR IMPLIED), SHALL BE EXPRESSLY EXCLUDED.
FURTHERMORE ANY
LIABILITY HEREUNDER NOT EXCLUDED BY VIRTUE OF THE PRECEDING PARAGRAPH SHALL BE
LIMITED TO THE AMOUNT OF REMUNERATION PAID UNDER SECTION 3 HEREOF.
6. Confidentiality
The Translator
undertakes to keep in strict confidence all data and information obtained from
Customer in the course of the performance of translation services hereunder.
7. Storage of Data
By placing the
order, Customer agrees that Customer’s personal data (name, address,
communication details, etc.), any electronically submitted source documents, as
well as the translated documents will be stored within my IT systems for the
purposes of backup and evidence.
8. Applicable Law; Severability
Any order placed
hereunder and any claims arising therefrom shall be governed by and construed
under the laws of the Federal Republic of Germany. To the extent permitted by
such laws, Translator and Customer agree to subject themselves to the exclusive
jurisdiction of the competent courts having jurisdiction over the Translator’s
place of business with regard to any disputes that may arise hereunder.
If any one or
more of the provisions of these General Terms & Conditions of Business
shall be or become invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the
remaining provisions hereof. Customer and Translator shall negotiate in such
case to replace the invalid or unenforceable provision by a valid and enforceable
provision coming as close as possible to the original intent of the parties.