General Terms and Conditions of Translation and Business
- 1 General and scope of application
- The following terms and conditions of translation and business apply to all contracts between Annette Ramershoven (hereinafter “translator”) and her clients, as far as it concerns 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 translator has expressly acknowledged this.
- The contractual language is German. German law shall apply exclusively.
- 2 Conclusion of contract
- The translator shall submit an offer for the translation or service requested by the client upon oral request, written request or request by e-mail. The binding conclusion of the contract initially presupposes the transmission of the order by e-mail or by sending a signed order by the client. The contract is concluded when the translator has confirmed the content of the order to the client in writing, in text form or by rendering the service.
- The translator’s offers are subject to change and non-binding. The prices listed in the individual offer are valid. In addition to the net prices listed in the offers, the respectively applicable value-added tax is to be paid.
- 3 Services and terminology
- the translator undertakes to translate the text transmitted by the client into the agreed target language in such a way that it is free of defects. The translator shall ensure that the translation is carried out without any reduction, addition or other changes to the content. The translator reserves the right to insert comments, footnotes etc. for understanding the text in the target language and/or to make corrections of obvious errors; the translator will point out such corrections to the customer.
- Unless otherwise agreed, the translator’s services shall comprise exclusively the translation of a text provided by the client into the target language. Proofreading, subsequent text design, editing, copying of graphics and images as well as text assembly, production of print templates or HTML / XML documents, etc. shall be charged on a time basis, unless otherwise agreed by the parties. The translations are carried out according to the generally accepted rules of the agreed target language in terms of language use, spelling and grammar. Technical terms and special vocabulary are translated with the usual meaning. If the client has a specific terminology or form request for the translation or if it deviates from generally accepted rules, this is only to be used if this has been expressly agreed in the contract. In this case, the client provides instructions (sample texts, parallel texts, glossaries and the like) in digital, editable form. At the request of the translator, the client shall provide technical consultation.
- 4 Duties of the client to cooperate
- The client shall inform the translator of the desired forms of execution of the translation (intended use, delivery on data carriers, file format, number of copies if necessary, readiness for printing, external form of the translation, etc.) when requested to submit an offer. If the translation is intended for printing, the translator receives a proof before printing. As a rule, the client submits the texts to be translated to the translator in digital editable form. The source material must be readable and sent to the translator at the time and in the format specified by the translator. Changes and additions to the source material will always be communicated to the translator after consultation with the translator, stating the changes in comparison to the original version.
- The client shall provide the translator with the information and documents required to produce the translation when placing the order (technical terminology of the client, illustrations, drawings, tables, abbreviations, internal terms, etc.).
- The client assures that the translation of the source text as well as the publication, distribution, sale and any other use of the translation to be supplied does not infringe the rights of third parties and he is fully authorised to have the text translated. The client indemnifies the translator from all claims of third parties.
- 5 Acceptance, obligation to give notice of defects, rectification of defects, warranty period
- After completion of the service, the text or the agreed service will be made available to the client in the desired format in writing or in text form. If the client does not raise any objections within 14 days after receipt of the translation or the agreed service, the translation or the agreed service shall be deemed to have been accepted in accordance with the contract.
- Obvious defects must be reported immediately, but at the latest within 14 days.
- The client must notify the translator of an obvious defect in writing or in text form within a period of 14 days and request the translator to remedy the defect within a reasonable period of time. If the rectification fails, the client grants the translator a second possibility for rectification. If this also fails, the client is entitled to demand the cancellation of the contract or the reduction of the agreed fee.
- Hidden defects must be reported to the translator within 14 days of their discovery. In all other respects § 5 (3) of these AGB applies.
- The warranty period is 12 months after acceptance. This does not apply if the translator is liable in accordance with § 6 of the statutory provisions. In this case the legal regulations apply.
- 6 Warranty
- The translator’s liability in cases of intent or gross negligence shall be governed by the statutory provisions. Liability for guarantees is not dependent on fault. Liability for guarantees shall be independent of fault.
- In the event of slight negligence, the translator 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 material 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 translator shall be 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.
- 7 Delivery dates and delay
- Unless the translator has expressly designated a delivery date as a binding date, it shall not constitute a binding or guaranteed delivery date.
- If the translator is negligently in default with the agreed service and the client can prove that he has suffered damage as a result of the delay, the client can claim lump-sum damages. The lump-sum compensation amounts to 1% of the agreed fee for each completed day of delay, but not more than 50% of the agreed fee in total. The right of the client to withdraw from the contract remains unaffected by this.
- A change of the burden of proof to the disadvantage of the client is not connected with the above regulations.
- 8 Rights of use and copyrights
- To the extent that works within the meaning of copyright law are created in whole or in part by the translator’s services, the client may use and exploit the works for the contractually agreed purpose without restriction in terms of space, content and time in consideration of the services made available to him. The customer is entitled to process, modify and transfer the service to third parties within the scope of the contractually stipulated purpose. In this case, the client is only entitled to name the translator as the author of the text in consultation with the translator. Any use of the translator’s services beyond the contractual purpose requires the translator’s express consent.
- 8 (1) sentences 1 and 2 of the GTC shall not apply to the production of a certified translation. A certified translation is a translation whose full conformity with the original is confirmed by the court-appointed translator. As a rule, translations of official documents (e.g. extracts from the commercial register, documents or certificates) must always be confirmed. The client is not entitled to edit or modify a certified translation.
- If the translator develops a specific terminology database or translation memory (“TM”) during the work for a client or if the translator continues to develop the client’s existing databases, the copyrights and usage rights to the databases or the further developed part of the databases are exclusively entitled to the translator in deviation from § 8 (1). This does not apply if the parties have expressly agreed otherwise.
- 9 Non-disclosure
- The translator shall treat the orders and the information received with the orders as strictly confidential, even after the end of the respective order.
- The translator offers the client to conclude separate confidentiality agreements.
- 10 Remuneration and terms of payment
- Unless the parties have expressly agreed otherwise, the translator shall invoice the client for the agreed service immediately after transmission of the translation or the services agreed in accordance with § 3. The invoice is due for immediate payment without deduction.
- 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 Section 10 (1) of these GTC.
- The rights associated with the translation or with the service are exclusively entitled to the translator until full payment of the remuneration
- 11 Data protection regulations
- This data protection notice applies to data processing by the translator. Responsible: Mrs. Annette Ramershoven, Kurfürstenstr. 34, 12105 Berlin, Germany, e-mail: email@example.com, Tel, +49 (0) 30 537993319.
- The client of the translator 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 translator 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 translator 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 translator 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 translator 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 translator 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 translator. 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 translator at any time pursuant to Art. 7 (3) DSGVO. The consequence of this is that the translator may no longer continue the data processing based on this consent for the future;
to request information on the personal data processed by the translator 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 translator, 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 translator pursuant to Art. 16 DSGVO;
to demand the immediate deletion of his personal data stored with the translator 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 translator 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 translator 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 translator.
- 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 translator has set up technical and organisational security measures to protect data, in particular against loss, manipulation or unauthorised access. The translator 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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