1. Area of application

(1) These terms shall apply for contracts between the translator Beate Hampel (hereafter referred to as ‘translator’ and her customers) if not otherwise expressly agreed or legally indispensably prescribed.

(2) General terms and conditions of the customers are only binding for the translator, if they have been expressly accepted by her.

(3) These terms shall not only apply to translation works, but also to other services offered by the translator.
 

2. Execution and scope of the translation assignment

(1) The translator’s binding offer is generally processed after reception and review of the customer’s complete source text.

(2) The contract is concluded by a written confirmation of the translator’s written offer.

(3) Unless otherwise regulated, the translator’s price calculations are always without engagement and not-binding.

(4) The translation is meticulously executed according to the principles of proper professionalism. The customer shall obtain the translation as agreed in the contract.
 

3. The customer’s obligation to cooperate and duty of disclosure

(1) The customer informs the translator in due course of special types of execution of the translation (purpose, delivery on data carriers, number of copies, readiness for press, format etc.). If the translation is designed for publication purposes, the customer has to submit a galley proof before printing for possible correction. Names and figures have to be checked by the customer.

(2) The customer shall submit information and documentation necessary for the translation in due course and without prior request (terminology, glossaries, pictures, drawings, charts, corporate wording, abbreviations etc.).

(3) Errors deriving from the non-compliance with clause 1 and 2 cannot be charged to the translator.

(4) The customer is liable for intellectual property rights and other rights of a text and assures that a translation can be produced. He indemnifies the translator from third parties’ claims.

 
4. Remedy of defects

(1) The translator reserves her right to remedy defects. The customer can claim remedy of possible defects free of charge. The remedy of defects shall be claimed by the customer whilst precisely specifying the defects.

(2) Complaints relating to the performance of a service shall be submitted by the customer to the translator within one month upon delivery.
 

5. Liability

(1) The translator is liable in the case of gross neglicence and intention. Damages caused by computer breakdowns and transmission errors of email sendings or by computer viruses shall not be classified as gross neglicence.

(2) In the case of slight neglicence, the translator is only liable if essential contractual obligations are breached. The translator is liable for maximal the amount of the invoice amount.

(3) The translator is not liable for damages caused by disturbancies of her business, especially by force majeure as for example natural phenomenons, traffic jams, network or server defaults, other cable and transmission defaults and further hindrances the translator is not responsible for. In these cases the delivery time is prolonged by the duration of the hindrance. The same shall apply if the translator is forced to limit or to stop her business for a certain period of time due to a fundamental reason. The translator is obliged to inform her customers immediately about the occurrence of the service hindrances.

 
6. Confidentiality

The translator commits herself to keep strictly confidential all information received in connection with her activities for the customer. 
 

7. Third parties’ participation

(1) The translator is entitled to enlist the work of skilled third parties for the execution of an assignment.

(2) When involving skilled third parties, the translator secures their commitment to confidentiality according to § 6.

(3) Third persons and colleagues assigned by the translator are not allowed to entice away customers of the translator they worked for. In the case of an infringement of this clause, a compensation amounting to 4,000.00 Euro will be imposed.
 

8. Compensation

(1) The translator’s invoices are due and payable without discount within 14 days after invoice date.

(2) All prices are quoted net plus the legally valid VAT.

(3) Apart from the agreed compensation, the translator can claim the compensation of the actually incurred and with the customer agreed expenses.

(4) Starting from an order value of 200 Euro, the translator can invoice a lump sum for expenses of 15 Euro.

(5) For the execution of rush orders, an additional charge amounting to 30% of the order amount is invoiced.

(6) For extended assignments, the translator may request partial payments periodically due on terms to be agreed after delivery of the already performed services. Starting from an order value of 500 Euro, the translator preserves herself the right to request a suitable advance payment.  

(7) In reasonable cases, the translator can withold the completed work until full payment has been received in advance.

(8) If the amount of the compensation is not agreed upon, a general compensation according to the type of service rendered and its difficulty is owed. In this respect, the rates listed in the JVEG (German Court Payment and Reimbursement Act) are being regarded as minimum suitable and common compensation.

9.  Reservation of proprietary rights and copyright

(1) The translation remains the translator’s property until it has been paid in full. Until then, the customer has no rights of use.

(2) The copyright for the translation remains with the translator unless otherwise agreed.


10. Right to withdrawal

The customer may cancel the contract before the termination of the translation services only for important reasons and must do so in writing. In this case, the translator shall be entitled to a fee calculated in accordance with the agreed calculation basis for the translation work completed up to the time of termination of the contract, together with damages for lost profit up to the amount of the order.

 
11. Applicable law

(1) German law is applicable for the order and all claims therefrom deriving.

(2) The contract language is German.

(3) The court of jurisdiction shall be Frankfurt am Main


12.  Severability clause

The effectiveness of these order conditions remains unaffected by the nullity and invalidity of single stipulations. The invalid stipulation shall be replaced by a valid one close to the economic result or the aspired target.

13. Modifications and supplements

Modifications and supplements of these terms and conditions are only valid if agreed in written form. The same is due for the modification of the written form requirement.

 
 

Eschborn / Ts., April 2010


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