I. Scope of application
- These General Terms and Conditions (GTC) apply to agreements between Linguaforum Frankfurt GmbH International Translation Services, hereinafter referred to as the Contractor, and its clients.
- The Contractor renders its services vis-à-vis the clients exclusively on the basis of these General Terms and conditions.
- Contradicting terms and conditions or such terms and conditions deviating from the Contractor’s General Terms and Conditions are not accepted unless the Contractor explicitly accepted their applicability in writing. These General Terms and Conditions also apply if the Contractor, in positive knowledge about any contradicting or deviating terms and conditions of the client, renders its services to such client.
- For commercial clients who are not consumers these General Terms and Conditions shall apply for all further business dealings, even if these General Terms and Conditions are not again explicitly agreed upon.
II. Scope of Services
Our services as language professionals are rendered in accordance with the standards of proper professional practice. If no reference documents or particular instructions of the client are included, technical terms are translated to the generally prevailing, lexically acceptable and commonly understandable version.
III. Client’s duty to collaborate
To ensure optimal interpretation services, the client will provide the Contractor as soon as possible all with all relevant information and documents necessary for the preparation and realization of the interpreting job. This comprises information on the nature and substance of the event, background information on a company, an organization or a previous event, as well as all documents and scripts relevant for the event in German and / or the foreign language.
For rendering the interpretation services, certain areal and in particular acoustic qualifications must be fulfilled: The original sound must be clearly heard and the speaker within the range of vision. PowerPoint presentations etc. must easily be visible. If a booth is used, free access to the booth as well as a free range of sight to the speaker must be ensured. If the possibility to render interpretation services is made difficult, for example by loud background noises, the service is interrupted until the working conditions are improved accordingly.
Information and documents, which are necessary for making a translation, are unrequestedly made available to the Contractor by the client at the time when placing the order (glossaries, illustrations, drawings, tables, abbreviations, etc).
The Contractor shall not be liable for mistakes which are based on the non-fulfilment of such obligation.
The Contractor may refuse the translation of a text. This particularly applies for requested translations of texts with punishable content or texts violating social standards, as well as if a translation of a text seems impossible within the given deadline due to its complexity and/or the sheer volume.
If the translation is meant to be printed, the client will submit the Contractor a sample of the final version for proof in due time before printing, so that the Contractor has a chance to correct possible mistakes. Names and numbers are to be double-checked by the client.
The client shall inform the Contractor in due course about the purpose and desired way to receive the translation (designated use, delivery on a data carrier, number of copies, printable quality, formatting and layout of the translation, etc.).
IV. Delivery / Service provision
The Contractor renders the desired interpretation services during the event, i.e. the oral transfer of spoken words from one language to another. Film and video sequences are excluded. Film and video sequences are only interpreted if the original sound is fed into the booth and the film(s) / video(s) have been shown to the Contractor beforehand and / or if the spoken text has been submitted in written form.
The fee in the quote covers only the time of presence, unless otherwise explicitly stated in the quote. Every started hour of time of presence will be billed extra as an over hour.
Translation services comprise the written transfer of texts from one language into another language or several other languages. Extra services like editing of texts and in particular formatting, etc., are excluded. If such services are desired, a separate agreement is required.
Interpretation / Translation
Deadlines and delivery dates or the date for rendering interpretation services are agreed upon when placing the order are binding. However, the Contractor is not in default as far as the service remains undone due to circumstances for which it is not responsible (e.g. network and server errors, other line or transmission faults, downtimes, Force Majeure, strikes, sudden illness, traffic disruption, also if experienced by subcontractors). In general, delivery / service provision is made as soon as the reason for non-delivery / non-performance does not exist anymore. The Contractor, however, reserves the right to withdraw from the agreement. Further rights, in particular claims for damages, are excluded in this case.
V. Acceptance and warranty
- The client shall immediately check the delivered translation for possible mistakes. Obvious mistakes in the translation are immediately to be communicated to the Contractor in writing, hidden defects immediately after their discovery.
- If no defects are communicated to the Contractor in writing within 14 days, the translation is deemed to be accepted.
- The client shall be liable for mistakes in the source text.
- Insofar as the translation does not comply with the respectively agreed standards, the client shall grant the Contractor an appropriate period for subsequent fulfilment. Subsequent improvement is excluded if the deviations were caused by the client itself, for example due to incorrect or incomplete information, deficient source texts, etc. As for the rest, statutory warranty provisions shall apply. In the event of properly notified defects, the Contractor shall have the right, at its own discretion, to correct the translation or do it completely new for at least two times. Der client shall remain obliged to accept and pay the rendered services.
- The client’s right to complaint forfeits if the client worked or had worked on the part relating to the notice of defects, irrespective of the fact whether the product was delivered to a third party or not.
- The Contractor shall only be held liable for compensation in case the Contractor, its employees or other vicarious agents acted with intent or gross negligence.
- The above limitation of liability shall also apply for the Contractor’s employees, company organs and vicarious agents.
- The Contractor’s liability for a damage or loss of the material handed over by the client is excluded. The client shall provide for an adequate data protection. The Contractor checks its computer systems regularly for viruses and other malware, the Contactor shall however not be liable for damages caused by any viruses or other malware.
- The Contractor shall not be liable for a loss of profit, a failure to realize savings, damages by damages as a result of having recourse to third parties, and any direct or subsequent damages. Liability in case of gross negligence is limited to 1.5 of the invoice value of the delivery / service provision.
- A possible ambiguity of the text to be translated releases the Contractor from any liability.
- Evaluation of the question whether the utilization of the text to be translated by the Contractor or of the respective translation / edited version provided by the Contractor possibly bears the risk of bodily injury is for expense and risk of the client.
- The Contractor shall not be liable for a damage to or a loss of any documents, data or data carriers which the client made available in order to facilitate the contract.
- The Contractor further shall not be liable for costs and / or damages caused by (a) the application of telecommunication technology (b) transport or shipping of data or data carriers or (c) possible computer viruses in the data or data carriers delivered by the Contractor.
- The Contractor is not liable for the permissibility or appropriateness for the client’s purpose. This particularly applies if the translation is to be printed or used for advertising purposes.
- The client holds the Contractor harmless against all third party claims resulting the use of the product and thus excludes the Contractor’s liability in accordance with this paragraph.
- The client is similarly obliged to hold the Contractor harmless against all third party claims based on an infringement of property rights, patents, copyrights or other intellectual property rights in combination with the fulfilment of the agreement.
The Contractor is obliged to keep all information secret which come to be known to it in the course of the work for the client.
VIII. Retention of title, right of use and copyright
Interpretation services are only meant for immediate use, a recording is only admissible with the Contractor’s explicit previous consent. For an assignment of utilization rights an additional amount is billed. The amount depends on the type of use. The client shall be liable for an unauthorized recording by third parties.
Until payment of the remuneration is made in full, the translation remains the property of the Contractor.
The client acquires the right to use the translation by payment of the remuneration in full.
The Contractor has the copyright to the translation.
IX. Involvement of third parties, confidentiality
- The Contractor has the right to involve adequate and qualified third parties in fulfilment of the translation services. The business relationship is exclusively between client and the Contractor.
- The Contractor is obliged to keep secret all information about the client as well as all documents and material handed over and is obliged to neither use or to exploit them nor to disclose them to any third party without the client’s explicit written consent, unless required for the fulfilment of the contract.
- Handing them over to third parties for the purpose of translation is admissible. The Contractor is obliged to bind its subcontractors to secrecy accordingly.
- If in certain cases stricter secrecy obligation are to be adhered to, the client shall be obliged to explicitly inform the Contractor about such obligations in writing when placing the order and to provide it with the necessary programs, codes and passwords.
X. Remuneration and scope of delivery
- Interpreting services and translations are services the remuneration of which is generally due and payable within 14 days after receipt of the invoice without deductions.
- The remuneration for the services rendered by the Contractor is based on the respective contractual agreement.
- If the amount of the fee is not agreed on, appropriate remuneration in terms of the type and degree of difficulty shall have to be paid.
- Interpretation services are invoiced per hour, whereas the last hour is rounded up, or per daily rate. As for interpretation services, the necessary travel time, expenses and possible daily allowances for accommodation and board are invoiced separately.
XI. Cancellation policy
As regards Section 312b German Civil Code (distance contracts) the consumer shall have a cancellation right pursuant to Section 312d in conjunction with Section 355 German Civil Code. In this case the following applies:
You can cancel your contractual declaration within 14 days in written form (e.g. letter or email) without giving reasons.
The period shall commence no earlier than receipt of this policy but in no case before formation of the contract.
The timely despatch of the cancellation declaration shall be deemed sufficient for compliance with the cancellation period.
The cancellation declaration is to be sent to:
Linguaforum Frankfurt GmbH International Translation Services, for the attention of Christiane Starke, An der Herrenmühle 7-9, DE-61440 Oberursel (Taunus), Email: email@example.com
Consequences of cancellation:
In the event of an effective cancellation the mutually received benefits are to be returned and if so derived profits (e.g. interests) are to be returned.
In case you are unable to return the services received by us as well as any derived profits (e.g. benefits of use), either in whole or in part, or can only restore it in deteriorated condition, you shall have to pay damage for the loss of value. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until cancellation.
You must satisfy obligations to reimburse payments within 30 days. The time limit begins for you when you send your cancellation, for us with its reception.
Your right of cancellation shall expire prematurely if the agreement, at your express request, has been executed in full by both parties prior to your exercising your right of cancellation. It also expires prematurely if Linguaforum Frankfurt GmbH, at your express request, has already started with the execution of the service before the end of the cancellation period.
End of the cancellation policy
XII. Cancellation of the contract
In case of a contract cancellation by the client, the Contractor shall have claim to a cancellation fee; unless otherwise agreed in the order confirmation, such fee amounts to 20% in case of a cancellation up to 30 working days prior to the event, 40% in case of a cancellation between the 29th and the 10th working days prior to the event, 60% in case of a cancellation between the 9th and the 6th working day prior to the event and 100% of the agreed fee in case of a cancellation as from 5 working days prior to the event. If the interpreter has already arrived at the job site and thus other expenses occurred (e.g. processing fees for the return of any tickets already bought), travel expenses or alternatively the mentioned processing fees will be invoiced against receipt.
The client has the right to prove a lower damage incurred.
The client may only cancel a contract to prepare a translation in the period up to the agreed completion date for a significant reason. The cancellation is only effective if declared vis-à-vis the Contractor in writing. In this case, the Contractor is entitled to damages for a loss of profit in the amount of the order.
XIII. Right to advertise
The Contractor has the right to use the clients’ names and trademarks as a reference in its self-promotion.
XIV. Applicable law
The order and all resulting claims are subject to the laws of the Federal Republic of Germany. Place of fulfilment and place of jurisdiction is Königstein im Taunus.
Applicability of these General Terms and Conditions is not affected if single provisions herein are invalid or ineffective. Such invalid or ineffective provision shall be replaced by a valid or effective provision which approaches as closely as possible the desired business results and the purpose sought.
XVI. Amendments and alterations
Amendments and alterations of these General Terms and Conditions are only valid if made in writing. This also apply to this written form requirement itself.
Date: February 2016