General Terms and Conditions of Interpreting and Business
- 1 General and scope of application
- The following General Terms and Conditions apply to all contracts between Annette Ramershoven (hereinafter referred to as “interpreter”) and her clients, insofar as they are entrepreneurs or a legal entity under public law.
- Any deviating or supplementary general terms and conditions of the client shall only become part of the contract if the interpreter has acknowledged this in writing or by e-mail.
- The contractual language is German. German law shall apply exclusively.
- 2 Services of the interpreter and duty of confidentiality
- The interpreter shall provide the services expressly stated in the offer or in the order/contract for the agreed fee.
- Services which have not been expressly agreed according to § 2 para. 1. are to be remunerated separately.
- The interpreter is obliged to treat all information that comes to her knowledge during the execution of this contract in strict confidence and, in particular, not to derive any unlawful benefit from it.
- The duty of confidentiality does not extend to information and documents that are generally known and/or publicly disclosed by third parties.
- 3 Duties of the client to cooperate
- The client is aware that the interpreter must prepare herself for the event with the help of the relevant documents to be provided by the client (e.g. work programme, agenda, reports, presentations, applications, etc.) in order to be able to guarantee faultless performance.
- The client is therefore obliged to hand over to the interpreter as soon as possible, but no later than 8 working days before the start of the event, a complete set of all relevant documents in the languages into and out of which the interpreter is to interpret in accordance with item 6 of the order/contract, in a standard file format.
- The interpreter shall receive a copy of all documents and manuscripts read out during the event at the latest 8 working days before the start of the event, which – unless expressly agreed otherwise – may remain with the interpreter after the end of the event or be destroyed.
- 8 working days before the start of the event, the interpreter shall also be provided with film recordings in a standard file format.
- 4 Working conditions and the interpreter’s right to refuse performance
The client is aware that a flawless performance of the interpreter can only be guaranteed within the scope of the following working conditions:
- Unless the parties have expressly agreed otherwise, the interpreter requires an interpreting booth. Fixed simultaneous interpreting booths and equipment must meet the requirements of ISO 2603, transportable the requirements of ISO 4043. If the interpreter also provides the necessary interpreting booths on the basis of a separate agreement between the parties, the client must ensure that the necessary technical connections for the booths are available at the event location. In the case of PFA (transportable equipment), the speaker/presentation sound must be provided directly on the interpreter’s headphones. The interpreter must have a direct view from the booth to the speaker, to the meeting room and to any projection screens used. The use of television monitors does not replace the direct view. The client is also obliged to ensure that the interpreter can listen to the texts to be interpreted with the best possible quality.
- Video conferences: The client is obliged to involve the interpreter from the outset in the planning of a video conference and to clarify with her the conditions for the feasibility of such a conference. Working conditions must comply with ISO standards 2603 and 4043 and CEI 914. The sound quality must be in the 125-150 Hertz range. High-resolution monitors are indispensable.
- 2 interpreters are required for simultaneous interpreting.
- Maximum working hours per interpreter: Depending on the subject area, 5-7 hours per day, unless otherwise agreed by the parties.
- 30 minutes in the morning, 60 minutes in the afternoon and a further 30 minutes of break time in the afternoon, depending on the subject area, are to be granted to the interpreter for a daily assignment lasting 5 to 7 hours, unless the parties have agreed otherwise.
- The interpreter is entitled to refuse the agreed service if it does not find the above-mentioned working conditions. Your right to a fee remains unaffected.
- 5 Warranty and liability
- The interpreter is obliged to work to the best of her knowledge and belief.
- If the interpreter performs her services, although she does not find the working conditions regulated in § 4 at the beginning of the service, the client cannot assert any rights in this case from a bad service due to the inadequate working conditions. In particular, a reduction of the fee is excluded in this case.
- The interpreter’s liability in cases of intent or gross negligence shall be governed by the statutory provisions. Liability for guarantees is not dependent on fault. In the event of slight negligence, the interpreter shall be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, body or health or for breach of essential contractual obligations. An essential contractual obligation is to be understood as an obligation whose fulfilment makes the proper execution of the contract possible at all and on whose compliance the contractual partner may regularly rely.
- Claims for damages for the slightly negligent breach of essential contractual obligations are, however, limited to contract-typical, foreseeable damages, unless liability is assumed for injury to life, body or health. Typical contractual, foreseeable damages are those which are subject to the protective purpose of the respective violated contractual or legal norm. The interpreter is liable to the same extent for the fault of vicarious agents and representatives.
- The provisions of the preceding paragraph extend to damages in addition to performance, damages in lieu of performance and reimbursement claims for futile expenses, irrespective of the legal reason, including liability for defects, delay or impossibility.
- A change of the burden of proof to the disadvantage of the client is not connected with the above regulations.
- 6 Amendments to the contract
If the interpreter is prevented from fulfilling the contract for an important reason, she is prepared to do everything in her power and to ensure that a colleague takes over the duties arising from this contract in her place, to the extent that this can reasonably be expected of her. This must be agreed with the client.
- 7 Rights of use and copyrights
- Unless expressly agreed otherwise in the contract, the product of the interpreting service is intended exclusively for immediate hearing.
- A recording of the interpreting service is only permitted after prior written agreement. In particular, this agreement shall also regulate which rights of use are transferred to the customer for the use of the recording. If the parties fail to make a sufficiently clear provision on the rights of use and copyrights to the recording, the recording may only be used for any purpose with the written consent of the interpreter.
- Each further use (e.g. direct transmission; transmission via the Internet, web streaming, etc.) requires a separate contractual agreement. §7 (2) of these terms and conditions shall also apply in this respect.
- 8 Remuneration and terms of payment
- Unless the parties have expressly agreed otherwise, the interpreter shall invoice the client for the agreed service immediately after the event. The invoice is due for payment without deduction within 10 days after receipt of the invoice.
- 30 % of the agreed fee is due with an order volume of more than € 1,500.00 when the order is placed. With regard to the remaining balance, the following applies
- 8 (1) of these GTC.
- 9 Data protection regulations
- This data protection notice applies to data processing by the interpreter. Responsible: Mrs. Annette Ramershoven, Kurfürstenstr. 34, 12105 Berlin, Germany, e-mail: email@example.com, Tel, +49 (0) 30 537993319.
- The client of the interpreter can expect a smooth processing of the order. It cannot be avoided that certain data of the client is stored using technical aids. When an order is accepted, the interpreter collects a series of personal data as so-called basic data, which is required in order to be able to carry out the order smoothly. Only those data are stored which are absolutely necessary for the fulfilment of the contract. The interpreter collects and uses personal data of the client exclusively within the framework of the provisions of the applicable data protection law of the Federal Republic of Germany. The interpreter collects, processes and uses the following information:
Title, first name, surname, a valid e-mail address, address, telephone number (landline and/or mobile phone), further information which is necessary for the processing of any existing claims for performance or warranty as well as for asserting any claims against the customer.
The data is collected in order to be able to identify the client as a customer, to be able to provide the commissioned service properly and promptly, to issue invoices and to process and assert mutual claims. Data processing is carried out at the request of the principal and is required for the purposes mentioned within the meaning of Art. 6 (1) sentence 1 lit. b DSGVO (European data protection law).
- Personal data collected from the interpreter for order processing shall be stored until expiry of the legal obligation to keep records and then routinely deleted, provided that they are no longer necessary for the performance or initiation of the contract and/or the interpreter has a legitimate interest in further storage. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately.
- Insofar as this is necessary for the processing of the order pursuant to Art. 6 (1) sentence 1 lit. b DSGVO, personal data of the client will be passed on to third parties. This includes in particular passing on to a subcontractor of the interpreter. The data passed on may be used by the third party exclusively for the purposes mentioned. For the rest, the data will only be passed on to third parties with the consent of the client.
- The client has the right,
to revoke his consent once given to the interpreter at any time pursuant to Art. 7 (3) DSGVO. The consequence of this is that the interpreter may no longer continue the data processing based on this consent for the future;
to request information on the personal data processed by the interpreter in accordance with Art. 15 DSGVO. In particular, the contracting authority may provide information on the purposes of processing, the category of personal data being processed, the recipients or the categories of recipients to whom your data have been or will be disclosed, if possible the planned storage period or, if this is not possible, the criteria for determining the duration, the existence of a right to rectification, cancellation, restriction of processing or opposition, the existence of a right of appeal to a supervisory authority, the information available on the origin of its data, if not collected from the interpreter, and the existence of automated decision making, including profiling and, where appropriate, the existence of the right of requiring meaningful information on their details;
to demand without delay the correction of incorrect or complete personal data stored by the interpreter pursuant to Art. 16 DSGVO;
to demand the immediate deletion of his personal data stored with the interpreter in accordance with Art. 17 DSGVO, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
pursuant to Art. 18 DSGVO, to demand the restriction of the processing of his personal data if he disputes the accuracy of the data, the processing is unlawful but he refuses to delete it, the interpreter no longer needs the data, but the client needs them to assert, exercise or defend legal claims or if he has filed an objection against the processing pursuant to Art. 21 DSGVO;
to receive, in accordance with Article 20 of the DSGVO, the personal data which he has provided to the interpreter in a structured, current and machine-readable format or to request the transmission to another person responsible;
to complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, the client can contact the supervisory authority of his usual place of residence, workplace or the registered office of the interpreter.
- if the personal data of the principal are processed on the basis of legitimate interests pursuant to art. 6 (1) sentence 1 f DSGVO, he has the right to object to the processing of his personal data pursuant to art. 21 DSGVO, insofar as there are reasons for this arising from his particular situation.
- If the client wishes to exercise his right of objection, simply send an e-mail to: firstname.lastname@example.org
- The interpreter has set up technical and organisational security measures to protect data, in particular against loss, manipulation or unauthorised access. The interpreter regularly adapts the safety precautions to the ongoing technical development.
The text of the above General Terms and Conditions has been prepared by Mr. Hermann J. Bauch, lawyer, Paul-Finger-Str. 12, 50858 Cologne, Germany, insofar as it does not reproduce legal requirements verbatim or in the spirit of the law. The contents are subject to German copyright law. Duplication, processing, distribution and any form of exploitation beyond the limits of copyright law require the written consent of the law firm Hermann J. Bauch.
Berlin, May 2018
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