- Scope of application
(1) These terms and conditions apply to contracts between The Translators Network and its Client, unless otherwise expressly agreed or legally required.
(2) Terms of the Client are only binding for The Translators Network only if they have been expressly acknowledged.
- Scope of the translation contract
The translation is carried out carefully following the principles of proper professional practice. The Client receives the contractually agreed copy of the translation.
Cooperation and obligations of the Client
(1) The Client must inform The Translators Network in due time about the required forms of the translation (purpose, delivery on data carriers, number of copies, printing, other forms of the translation, etc.). If the translation is to be printed, the Client shall provide The Translators Network with a proof before printing, so that The Translators Network can correct any errors. Names and numbers are to be checked by the Client.
(2) The Client will provide information and documents that are necessary to prepare the translation to The Translators Network when the order is available (Client’s terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
(3) Errors and delays arising from the lack of or delayed delivery of information and instructions are not at the expense of The Translators Network.
(4) The Client assumes the liability for the rights to a text and ensures that a translation must be drawn up. The Translators Network is released from any third party claims.
- The Client’s rights in case of errors
(1) The Translators Network reserves the right to correct errors. The Client shall initially only be entitled to the removal of any possible errors in the translation.
(2) The right to rectification of errors must be asserted by the Client, specifying the defect.
(3) If The Translators Network does not eliminate the errors within a reasonable time or refuses to remedy the errors, it will be deemed as having failed. The Client may choose to have the errors corrected by another translator or translation agency at an expense or choose to reduce the payment amount or withdraw from the contract. The correction of faults is considered failed if the translation still contains errors after several attempts.
(1) The Translator is liable in cases of gross negligence and willful intent. Faults that have been caused by computer failure and malfunctions when transmitting emails or by viruses are not classified as gross negligence. The Translators Network takes necessary precautions by using antivirus software. Liability for slight negligence applies exclusively in case of violation of key obligations.
(2) The Client’s claim against The Translators Network for compensation under No. 5 (1) clause 4 damage caused is limited to EUR 5000; in individual cases the express agreement of a higher claim for damages is possible.
(3) The exclusion or limitation of liability according to no. 5 (1) and (2) does not apply to damage to a consumer from the injury to life, limb, or health.
(4) Claims of the Client against The Translators Network for errors in the translation (§ 634a BGB) shall expire unless there is malice, one year after acceptance of the translation.
(5) Liability for consequential damages is limited contrary to § 634a BGB of the statutory limitation period. This shall stay as § 202 1 BGB.
The Translators Network undertakes to maintain secrecy concerning all facts that become known to the translators in connection with an activity for the Client.
- Involvement of third parties
(1) The Translators Network is entitled to draw in staff or specialist third parties to perform the contract.
(2) With recourse to a qualified third party, The Translators Network has to ensure the secrecy according to commitment number 6.
(1) The calculations of The Translators Network are due and payable in full within 14 days after the invoice date.
All prices are plus statutory VAT.
(3) The Translators Network, in addition to the agreed fee, is entitled to reimbursement of expenditures incurred and agreed with the Client. In all cases, the value-added tax, where legally required, is charged additionally. The Translators Network may request a reasonable advance on extensive translations. The Translators Network can agree with the Client in writing beforehand, that the delivery of the work depends on the full payment of the previous fee.
(4) If the amount of the fee is not agreed, a customary fee, by type and difficulty, is owed. This does not fall below the applicable rates of the Judicial Remuneration and Compensation Act (JVEG).
- Retention of title and copyright
(1) The translation remains the property of The Translators Network until payment is complete. Until then, the Client has no right of use.
(2) The Translators Network reserves the copyright.
The contractor agrees to treat all such information as strictly confidential and not to disclose, exploit, or use it without the prior written consent of the Client.
The obligation of confidentiality does not apply if there is an obligation to disclose confidential information as a result of a decision of a court, an order from a governmental authority or a law.
The contractor shall take all appropriate steps to ensure that such information remains confidential. Confidential information shall be disclosed only to employees or other third parties who must receive it as part of their work. The contractor will ensure that the persons involved sign a confidentiality agreement if necessary.
The obligations undertaken herein shall survive the end of this contractual relationship. Upon request, any documents including all copies thereof, as well as working documents and materials, are to be returned to the employer.
- Right of withdrawal
As far as the giving of a translation order is based, when The Translators Network has offered to do translations on the internet, the Client waives his right of withdrawal if The Translators Network has started the translation work and has notified the Client thereof.
- Applicable law
(1) German law applies to the order and all claims arising from there.
(2) Place of performance is the office of The Translators Network.
(3) Jurisdiction is in the place of performance.
(4) The language of the contract is in English or German.
- Severability clause
The validity of these conditions will not be affected by the invalidity or ineffectiveness of individual regulations. The ineffective provision shall be replaced by a valid one which comes closest to the economic outcome or the desired purpose.
- Changes and amendments
Changes and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to any amendment to this clause.