General Terms and Conditions
Scope
These general terms and conditions shall apply to all translation and interpreting orders (the “service”) placed with INTRADUCT® Fachübersetzungen & Dolmetscherdienst GmbH (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. The customer’s general terms and conditions do not apply to INTRADUCT® unless INTRADUCT® expressly recognises them.
Subcontracting
INTRADUCT® is entitled to commission third parties with the execution, in whole or part, of the agreed service. Contact between the customer and the third party commissioned by INTRADUCT® outside of the interpretation service shall require INTRADUCT®‘s consent.
Translation orders
Scope of translation orders
The translation shall be completed with due diligence pursuant to the principles of the proper execution of the profession. The customer shall receive the completed translation as contractually agreed.
Customer’s obligation to collaborate and provide information
The customer shall inform INTRADUCT® of the purpose of the translation (target group and/or country) and the forms of execution (e.g. translation on data carriers, number of copies, external form of the translation, size, etc.) at time the offer is made. If the translation is intended for printing, the customer shall provide INTRADUCT® with any and all proofs, including the final version of the text. 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, illustrations, drawings, tables, abbreviations, etc.). If the customer does not provide technical terminology, relevant documents, information or other instructions, INTRADUCT® shall select a generally used or generally understood version for the 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 held liable for errors that result from the non-observance of these obligations.
Text classification
The degree of difficulty of a text and the delivery time required for the translation shall be determined after a thorough review. Determining the difficulty lies at the contractor’s discretion. General texts are texts with a simple overall composition and 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 intended for publication or printing, advertising and film texts as well as literary work.
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. Special terms apply if the order consists solely of lists of individual terms. If the target language does not use Latin characters, the number of lines is determined based on the source language. The number of lines is calculated by an applicable character-counting program. Proofreading and editing work is calculated according to time. Cost estimates shall be provided upon request. These estimates are made after reviewing the text and taking any special wishes the customer may have into consideration. Cost estimates are based on the source text. Without the delivery of the complete text, INTRADUCT® can only provide an approximate total amount. The actual length of the customer’s text or a separate written agreement is decisive for the calculation, however. Express translations which require overtime, work at night, on a public holiday or Sunday as well as translations starting from 120 lines per working day shall be carried out for an appropriate express delivery surcharge as 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 charged for each order and language in the case of short source texts.
Shipping
INTRADUCT® shall send target texts by the most up-to-date data transfer available. Due to the technical conditions, however, INTRADUCT® assumes no guarantee or liability for any defects or impairments (such as computer virus transmissions, breaches of confidentiality, damage of data) unless it is the result of, at least, gross negligence on the part of INTRADUCT®. INTRADUCT® shall send the customer’s documents with due care. The customer shall inform INTRADUCT® of their desired manner of shipping and the 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 once the shipment has been handed over to the post office, courier or messenger.
Defects and terms of limitation
Translation texts are works as defined by section 631(2) German Civil Code. Section 631 et seq. German Civil Code shall apply to the contractual relationship. INTRADUCT® shall not be liable for errors in the translation due to hard-to-read, incorrect or incomplete original texts or the provision of incorrect terminology by the customer. Complaints shall be acknowledged only in the case of obvious errors. The complaint shall be made in writing immediately after delivery – at the latest two weeks after delivery – and shall contain a precise description of the error. Furthermore, 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.
Guarantees
If INTRADUCT® has assumed guarantees, any resulting customer claims based on them shall expire as soon as the customer themselves or any third party makes changes, regardless of what kind, to the work(s) INTRADUCT® produced.
Default; liability
INTRADUCT® shall be liable to an appropriate 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 not assume 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 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 fully exempt INTRADUCT® from such a liability. INTRADUCT® shall not be liable for damages from default if the default is due to force majeure, such as forces of nature, fire or similar incidents. Furthermore, INTRADUCT® shall not be liable for damages from default if the default is due to force majeure, such as unpredictable or unavoidable road traffic congestions, 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 damages arising from events which INTRADUCT® could not predict and avoid. INTRADUCT® shall not be liable for damages due to default or a defect of quality, provided the default or defect can be solely or mainly attributed to an action or omission on the part of the customer.
Right of rescission in case of delays
If the production of a work is delayed due to events which INTRADUCT® could not predict and avoid, INTRADUCT® shall be entitled to terminate the contract in whole or part.
Reservation of title and copyright
The translation shall remain the intellectual property of INTRADUCT® until it has been paid in full. Until that time, the customer has no right of use. Distribution and reproduction of the translation shall require the consent of INTRADUCT®. Any translation memories created, maintained and used by INTRADUCT® are and remain entirely the 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 arrangements shall be agreed separately according to the order and/or customer. The translation memories shall be used only by employees of INTRADUCT®. INTRADUCT® reserves its copyright.
Interpreting orders
Scope of performance and price agreements
All prices named in price lists, offers, estimates, etc. are exclusive of value-added tax (VAT). The interpreting service consists of the oral transmission of the spoken word from one language to one or more other languages. Said does not include audio and video presentations. A separate agreement shall be drawn up for the interpretation of such presentations. The service is calculated according to the invested time. Travel and waiting times are considered interpreting times, and are thus subject to the same hourly fee. If the interpreting service is wholly or partially rendered by a third party, INTRADUCT® reserves the right to charge the journey from the other place, rather from INTRADUCT®‘s registered office. Travel and working time shall be added up, and subsequently rounded up to a half hour.
Preparatory materials and aids
The customer shall provide all information and documents necessary for the preparation and rendering of the interpreting service, 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.
Working conditions
Certain spatial and acoustic prerequisites shall be fulfilled to render the interpreting service. The interpreter must be able to hear the original sound clearly and distinctly. The presenter(s) 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. The conference technology shall be supplied by the customer. 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 service are reserved. The interpreting service shall only be intended for the direct audience. If a recording of the interpreting service is desired, said shall be made only with the prior consent 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 necessary 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.
Professional secrecy
INTRADUCT® undertakes to maintain confidentiality with regard to all and any facts of which it learns within the context of its work for the customer.
Payment
Payment shall be made in full within 14 days of the invoice date. In addition to the agreed fee, INTRADUCT® shall be entitled to the reimbursement of the expenses actually incurred and agreed upon with the customer. Statutory value-added tax shall be invoiced additionally. In case of extensive translations, INTRADUCT® may demand an advance which is objectively necessary to carry out the translation. In well-founded cases, INTRADUCT® may withhold the work until the advance payment of a partial amount or payment of the full fee. If an order is cancelled, the costs incurred by INTRADUCT® until the cancellation and any steps which may have been taken towards the rendering of the service at the time of the cancellation shall be reimbursed. If the amount of the fee has not been agreed upon, a payment shall be due which is appropriate and usual according to type and difficulty. At minimum the statutory rates for reimbursing witnesses and experts shall be deemed appropriate and usual in said case. 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 General 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. Dortmund shall be the sole place of jurisdiction.
Severability clause
If any provision of these General Terms and Conditions is held to be void or invalid, the other provisions shall not be affected.