General Terms and Conditions
These general terms and conditions shall apply to all translation and interpreting orders – hereinafter referred to as the “performance” – placed with INTRADUCT® Fachübersetzungen und Dolmetscherdienst – hereinafter referred to as “INTRADUCT®” – by the customer unless otherwise expressly agreed or legally mandated. They shall apply for the entire duration of the business relationship and also include future transactions.
INTRADUCT® is entitled to commission third parties with the execution, in whole or part, of the agreed performance.
Scope of translation orders
The translation shall be completed carefully in accordance with the principles of the proper execution of the profession. The customer shall receive the completed translation as contractually agreed.
Duty to cooperate and provide information on the part of the customer
When requesting a quote, the customer shall inform INTRADUCT® of the purpose of the translation (target group or country) and the forms of execution (e.g. translation on data carriers, number of copies, external form of the translation, size, etc.). If the translation is intended for printing, the customer shall provide INTRADUCT® with any and all proofs, including the version of the text after which no more changes will be made. Without prompting, the customer shall provide INTRADUCT® with the information and documents required to carry out the translation, at the latest upon commissioning the translation (special terminology, figures, drawings, tables, abbreviations, etc.). If INTRADUCT® does not receive technical terminology, relevant documents, information or other instructions from the customer, a generally used or generally understood version will be selected during translation. The customer shall check any texts delivered by INTRADUCT® for obvious transcription errors (especially in the case of numbers, dates/data and names) before using them for business purposes or publishing them. INTRADUCT® shall not be liable for errors that result from the non-observance of these obligations.
The degree of difficulty of a text and the delivery time required for the translation shall be determined after a thorough check. The determination of the difficulty lies in the discretion of the contractor. General texts are texts with a simple overall composition which contain only a few technical or special terms from the areas of technology, business, law, medicine, etc. Specialised texts are texts with a difficult overall composition and/or numerous technical terms from the areas of technology, business, law, medicine, etc. Fees shall be agreed upon separately for particularly demanding specialised texts, texts for publication or printing, advertising and film texts and belletristic literature.
Prices and price agreements
All prices named in price lists, offers, estimates, etc. are exclusive of value-added tax (VAT). Translations shall be calculated according to length and difficulty. The length shall be determined according to the number of lines in the target language. A standard line consists of 50 characters. If a translation consists only of a list of individual terms, each term shall be deemed to be one line. If no Latin characters are used in the target language, the number of lines is determined based on the source language. The calculation of the number of lines is made using a corresponding character counting program. Proofreading and editing work is calculated according to time. Cost estimates shall be provided upon request. These estimates are created after reviewing the text and taking any special wishes of the customer into consideration. Cost estimates are based on the source text. Without the delivery of the complete text, only an estimated total amount can be determined. The actual length of the text provided by the customer or a separate written agreement is decisive for the calculation. Express translation orders which require overtime, work at night, on holidays or on Sundays and translations from 120 lines per working day shall be carried out for an appropriate express delivery surcharge as respectively agreed. The price for additional services (such as creating a terminology database, graphic design such as images, formulas, tables and the creation of a printing template) shall be agreed upon separately in writing. A minimum amount is calculated for each order and language in the case of short source texts.
All prices named in price lists, offers, estimates, etc. are exclusive of value-added tax (VAT). INTRADUCT® shall send target texts by data transfer according to the current state of the art. Due to the technical conditions, however, INTRADUCT® assumes no guarantee or liability for any defects or impairments (such as computer virus transmission, breaches of confidentiality, damage of data) unless there is at least gross negligence on the part of INTRADUCT®. INTRADUCT® shall send the customer’s documents with due care. In the process, the customer shall inform INTRADUCT® as to the desired manner of shipping and medium of the translation. The costs for express and courier delivery shall be invoiced to the customer. The shipping risk is transferred to the customer with the handover of the shipment to the post office, courier or messenger.
Defects and terms of limitation
All prices named in price lists, offers, estimates, etc. are exclusive of value-added tax (VAT). Translation texts are works in terms of Section 631 (2) German Civil Code. Section 631 et seqq. German Civil Code shall apply to the contractual relationship. INTRADUCT® shall not be liable for defects in the translation due to hard-to-read, incorrect or incomplete original texts or incorrect terminology provided by the customer. Complaints shall be acknowledged only in the case of obvious defects and if made in writing with a precise description of the defect immediately after delivery, or two weeks after delivery at the latest. Otherwise, the statutory provisions shall apply.
Delivery dates and partial deliveries
Delivery dates shall be specified according to INTRADUCT®‘s best knowledge and belief and shall always only be deemed expected delivery dates. They shall not be deemed a binding promise. Each delivery date or date agreed upon between INTRADUCT® and the customer may only become binding after INTRADUCT® has seen or heard the entire source material to be translated and has been fully instructed by the customer.
Insofar as INTRADUCT® has assumed guarantees, any resulting customer claims shall expire as soon as the customer him/herself or any third party makes changes, regardless of what kind, to the works we produced.
INTRADUCT® shall be liable to a reasonable amount in case of gross negligence and deliberate intent. Liability in case of slight negligence shall occur only in case of a breach of essential contractual duties. INTRADUCT® shall assume no liability for translation errors arising from faulty, incorrect or incomplete information, documents or terminology sources or information, documents or terminology sources which were not provided in a timely manner or arising from hard-to-read, incorrect or incomplete original texts. INTRADUCT® shall not be liable for damage or loss during shipping. In the event that any claims are made against INTRADUCT® due to the violation of an existing copyright from a completed translation for any reason, the customer shall be obliged to exempt INTRADUCT® from such a liability to the full extent. INTRADUCT® shall not be liable for damage from default insofar as the default is due to force majeure, such as forces of nature, fire or similar. Furthermore, INTRADUCT® shall not be liable for damage from default insofar as the default is due to force majeure, such as unpredictable or unavoidable traffic incidents, line or transmission failures or operational disruptions, or the actions of third parties, such as vandalism, theft or comparable actions. In addition, INTRADUCT® shall not be liable for damage arising from events that were unpredictable and unavoidable for INTRADUCT®. INTRADUCT® shall not be liable for damage due to default or a defect of quality, provided that the default or defect can be solely or mainly attributed to an action or omission on the part of the customer. INTRADUCT® shall not be liable for damages to or the loss of materials provided by the customer if the loss or damages were caused by events which were unpredictable and unavoidable for INTRADUCT®, as defined in Section 3 Clause 9 e) and f).
Right of rescission in case of delays
If delays ensue in the production of a work due to events which are unpredictable and unavoidable for INTRADUCT®, as defined in Section 3 Clause 9 e) and f), INTRADUCT® shall be entitled to terminate the contract in whole or part.
Reservation of title and copyright
Until complete payment, the translation shall remain the intellectual property of INTRADUCT®. Until then, the customer has no right of use. It may be passed on and reproduced only with the permission of INTRADUCT®. Any translation memories created, maintained and used by INTRADUCT® are and remain the complete property and intellectual property of INTRADUCT®. The same applies to new entries in and changes to the existing segments of the translation memories provided by the customer. Any deviating regulations shall be agreed separately according to the order and/or customer. The translation memories shall be used only by employees of INTRADUCT®; translation memories shall not be passed on to third parties. INTRADUCT® reserves its copyright.
Scope of performance and price agreement
The interpreting performance consists of the transmission of the spoken word from one language to one or more other languages. Audio and video performances are excepted. If such performances are to be interpreted, a seperate agreement shall be drawn up. The performance rendered is calculated according to the actual expenditure of time. Partial hours will be rounded up to 30 or 60 minutes; interpreting of more than 6 hours will be charged with the corresponding daily rate. Travel times are deemed part of the work and thus as interpreting times.
Preparatory materials and aids
The customer shall provide all information and documents necessary for the preparation and performance of the interpreting job, in particular documents which may be presented during the event. This mainly includes the agenda, minutes of earlier meetings and presentation documents. If possible, these materials should be provided in all intended working languages.
For the rendering of the interpreting performance, certain spatial and acoustic prerequisites shall be fulfilled. The original sound shall be clear and distinct to the interpreter’s ears. The person(s) making the presentation and the projection screens shall be clearly visible. If a booth is used, it shall be freely accessible and the original sound shall be transmitted to the booth using conference technology. If interpreting is made difficult by external conditions (e.g. loud noises in the vicinity), it will be interrupted until the working conditions have been adapted.
Rights of use
The rights of use for the interpreting performance are reserved. The interpreting performance shall only be intended for the direct audience. If a recording of the interpreting performance is desired, this shall take place only with the previous permission of the interpreter and shall require a separate agreement. The customer shall be liable for unauthorised recordings by third parties.
Travel costs of the interpreter
The contractually agreed travel costs shall be invoiced together with the fees. The customer shall bear the costs for food and any required overnight accommodation. Overnight accommodation shall be deemed necessary if the translator/interpreter would have to depart prior to 6.00am or would return after 11.00pm. The customer shall bear the travel costs.
INTRADUCT®‘s liability shall be limited to deliberate intent and gross negligence.
INTRADUCT® undertakes to maintain confidentiality with regard to all and any facts which become known within the context of its activity for the customer.
Payment shall be made within 14 days of the invoice date. In addition to the agreed fee, INTRADUCT® shall have a right to the reimbursement of the expenses actually incurred and agreed upon with the customer. Statutory value-added tax shall be invoiced additionally. In the case of extensive translations, INTRADUCT® may demand an advance to an amount which is objectively necessary to carry out the translation. In well-founded cases, the handover of the work may depend on the advance payment of a partial amount or the full fee. If an order is cancelled, the costs incurred by INTRADUCT® up until the cancellation and any steps which may have been taken towards the execution of the performance at the point in time of the cancellation shall be reimbursed. If the amount of the fee is not agreed upon, a payment shall be due that is appropriate and usual according to type and difficulty. Agreed rebates and discounts shall be granted only under observance of the payment conditions and no longer apply in the event of default of payment.
Applicable law and place of jurisdiction
The place of fulfilment for all contractual relationships subject to these terms and conditions shall be INTRADUCT®‘s registered office. The order and any claims arising from it shall be governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction shall be Dortmund.
If any provision of these terms and conditions is held to be void or invalid, the other provisions shall not be affected.