Terms and ConditionsBy agreeing to the details of the quote specified above, you agree to be bound by these Terms and Conditions of Service, which constitute a legally binding agreement between the Client and the Translator for the above mentioned service(s) rendered by the Translator. 1. Scope(1) The service(s) shall be rendered according to the specifications detailed above regarding job title, volume, language combination, and pricing. (2) The service(s) shall be rendered in accordance with the principles of due diligence and delivered to the Client in the contractually agreed form. 2. Remuneration(1) The fee for the above-mentioned service(s) is estimated to be as quoted above. Unless otherwise agreed upon, in case of translations the calculation of the final price is based on the source text. (2) The prices do not include VAT. This will be invoiced at the rate specified by law. (3) The Translator's invoices are due for payment in full within14 days after the date of invoice, unless otherwise agreed upon. (4) In case of high-volume orders, the Translator shall be entitled to request an advance payment (25% of the estimated total fee). 3. Delivery(1) All documents to be processed, as well as any additional background material that may be necessary for the adequate completion of the service(s) and that the Client has agreed to provide the Translator with have to be delivered to the Translator by the date and time specified above in the form agreed upon. (2) The final product is to be delivered to the Client by the date and time specified above, in the form and format agreed upon. Unless otherwise agreed upon, local time shall be indicated as GMT. (3) In case the Translator does not receive all documents to be processed and/or necessary for processing by the date agreed upon, the established date of completion becomes invalid and shall be re-negotiated. 4. Cooperation and Information to be Supplied by the Client(1) The Client shall undertake to inform the Translator in due time about the required forms of the service(s) (purpose, formats, number of copies, ready for printing, outer form etc.). In case the text is meant to be printed, the Client must provide the Translator with a proof well in time prior to printing, thus enabling the Translator to correct any errors. Names and figures are to be proof-read by the Client. (2) When placing the order, the Client shall be obligated to provide the Translator with all information and documents required to render the respective service(s) in an adequate manner (Client glossaries, illustrations, drawings, tables, abbreviations, in-house terms etc.). (3) The Translator shall not be held responsible for any errors or delays incurred by the faulty or delayed supply of information and instructions. (4) The Client assumes the liability for the rights regarding the original text and ensures that nothing speaks against a translation thereof. The Client releases the Translator from any third party claims. 5. Modifications of the Original OrderAdditional translation or retranslation made necessary by Client request, as well as modifications of an original service order, additions to or changes made in the underlying text, shall be counted as additional text and the amount due shall be increased accordingly. The Translator shall not be held responsible for any delays incurred by the request of changes. 6. Acceptability(1) The Translator shall reserve the right to rectify any errors. (2) In case a translation or any other service provided by the Translator contains errors, the Client shall have the right to demand rectification or retranslation within a reasonable period of time. The Client's right to rectification of errors must be asserted in writing with exact details of the error(s). (3) The Translator reserves the right to attempt rectification of errors or retranslation twice within an adequate period of time. (4) In the event the Translator does not rectify the errors within an adequate period of time, or refuses to do so, or if the rectification of errors is deemed to have failed, the Client shall be entitled to have the errors rectified by another Translator, following consultation with the assigned Translator and at his expense. Alternatively, the Client can request a reduction of the remuneration or cancellation of the order. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts to rectify. 7. Liability(1) The Translator shall not be held responsible for any damages caused by minor negligence during the completion of the service(s) specified above. The Translator shall only be held responsible for severe and lasting damages regarding the obligations arising from these Terms and Conditions and resulting directly and demonstrably from gross negligence and willfulness. The Client agrees to indemnify and hold the Translator harmless from any further losses, claims, damages, expenses or liabilities which may be incurred. (2) The liability of the Translator in the event of gross negligence and willfulness is limited to the total value of the respective job. 8. Confidentiality(1) All knowledge, information and/or know-how acquired by the Translator during the term of any business relation with the Client regarding the business and products of the same shall be maintained in confidentiality and shall not be divulged or published by the Translator. (2) All documents and/or information expressly identified by the Client in writing as confidential or clearly recognizable as such shall be maintained in confidentiality by the Translator, even after the termination of any business relations with the Client. (3) The Translator agrees not to process or divulge any information or documents to third persons, unless this is deemed necessary for adequately rendering the services agreed upon. This also applies to any third persons that may be subcontracted for providing the service(s) specified above. 9. Retention of Title and CopyrightThe translation remains the property of the Translator until payment is made in full. The Client shall not have the right to use the translation until then. 10. Cancellation or Withdrawal by ClientIf the Client cancels or withdraws any portion of the service(s) described above prior to completion of the order, the Client shall pay the Translator the portion of the above fee represented by the percentage of the service(s) performed. 11. Applicable Law(1) This Contract shall be governed by the German law. (2) Place of performance is the registered residence of the Translator. (3) Place of jurisdiction is the place of performance. 12. Severability ClauseThe validity of these terms and conditions as a whole shall not be affected by the invalidity and ineffectiveness of individual clauses. The invalid clause is to be replaced by a valid one, corresponding as near as possible to the economic result and/or the intended purpose of the invalid clause. [Go back up]
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