General Terms & Conditions
1 General Terms and Conditions for Translation Services
1.1 Scope
These Terms and Conditions shall apply to contracts between the Translator and their Client, unless otherwise expressly agreed or legally required.
General Terms and Conditions provided by the Client shall only be binding on the Translator if they are specifically acknowledged by the Translator.
1.2 Scope of the Translation Order
The translation shall be completed with due care based on the principles of diligent professional practice.The Client shall receive the contractually agreed copy of the translation.
1.3 Additional Services
All translation work requiring the provision of additional services, in particular the production of print-ready texts, regardless of the procedure used, which are ready to go to press (“camera-ready texts”) etc., shall only be performed as such if the Translator has received a written order which clearly states that the Client requires such quality. The Translator shall not be liable for the aforementioned type of translation work (in particular print-ready translations and translations to be reproduced for multiple use) if the Client fails to instruct the Translator in writing as specified above and thus fails to explain that the translation is being commissioned for such purposes or if the Client does not send the Translator a rough proof of the text in question for proofreading prior to going to print.
1.4 The Client’s Duties of Cooperation and Disclosure
The Client shall inform the Translator in good time about any required formats in which the translation is to be provided (purpose, delivery on storage media, number of copies, ready for printing, formatting requirements etc.).If the translation is to be printed, the Client shall be obliged to provide the Translator with a proof in good time prior to printing to enable the Translator to correct any mistakes.Names and numbers must be checked by the Client.
Upon placing the order, the Client shall provide the Translator with the information and documents required to perform the translation (client glossaries, illustrations, drawings, charts, abbreviations, in-house terminology etc.).
The Translator cannot be held responsible for any errors or delays resulting from information and instructions not being delivered in full or on time.
The Client shall be liable for the copyright concerning a text and shall ensure that it has permission to have the text translated.The Client shall release the Translator from any third-party claims made in this regard.
1.5 The Client’s Rights in the Event of Deficiencies
The Translator reserves the right to rectify any deficiencies.The Client is initially only entitled to ask for possible deficiencies in the translation to be rectified.
In order to exercise this right to have deficiencies rectified, the Client must precisely specify the deficiencies.
The Translator shall not assume any liability for translation errors which are based on illegible, incorrect or incomplete source texts, Client terminology (provided that such terminology was not supplied) or lack of context.The Translator shall also not be liable for any issues relating to questions of style.
If the Translator does not rectify the specified deficiencies within a reasonable period of time or refuses to do so or if it is deemed that they have failed to sufficiently rectify the deficiencies, the Client, following consultation with the Translator, shall be entitled to have the deficiencies rectified by another translator at the Translator’s expense or, alternatively, to demand a reduction in the fee or to withdraw from the contract. The rectification of deficiencies shall be deemed to be insufficient if, after several attempts at improving the translation, it still contains deficiencies.
1.6 Liability
The Translator shall be liable in cases of gross negligence and intent.Gross negligence does not include damage caused by computer failure, transmission errors during the sending of emails or computer viruses.The Translator shall take precautions against this by using antivirus software.In the event of the culpable infringement of essential contractual obligations, the Translator’s liability shall be limited to foreseeable and typically occurring damage.
We are committed to providing our services using the latest translation technology without any omissions and free of deficiencies in accordance with the agreed scope of services.We shall remedy any defects immediately at our own expense.All remaining warranty claims are excluded insofar as this is legally permissible.Our liability is limited to the cover provided by our third-party financial loss insurance, which amounts to a maximum of EUR 100,000 per claim. Any further claims for damages, regardless of the legal reason, shall be excluded insofar as this is legally permissible.In no event shall we be liable for indirect damage and/or consequential damage as well as lost profit or losses.
The exclusion or limitation of liability according to points 1 and 2 above does not apply to damage suffered by a consumer as a result of loss of life, physical injury or damage to health.
Claims made by the Client against the Translator due to deficiencies in the translation (Section 634a of the German Civil Code (BGB)) fall under the statute of limitations within one year following acceptance of the translation, provided that no fraudulent intent exists.
Contrary to Section 634a BGB, liability for consequential damage is restricted to the statutory limitation period.Section 202(1) BGB shall remain unaffected by this.
1.7 Professional Secrecy
The Translator undertakes to keep as confidential all facts which become known to them in connection with the work they conduct for the Client.
1.8 Involvement of Third Parties
The Translator shall be entitled to contract colleagues and specialist third parties to ensure that the translation order is properly executed.
When contracting specialist third parties, the Translator shall ensure that such third parties also comply with the aforementioned Professional Secrecy clause.
1.9 Remuneration
The Translator’s invoices are due and payable in full within 14 days of the invoice date.
All prices are net plus the statutory value-added tax.
In addition to the agreed fee, the Translator shall be entitled to the reimbursement of any expenses actually incurred, insofar as these are agreed with the Client.Value-added tax shall be added in all cases, insofar as legally required.In the event of large-volume translation orders, the Translator shall be entitled to request a reasonable advance payment.The Translator may arrange with the Client in writing in advance that they shall only deliver the translation to the Client once the fee has been paid in full.
If the fee has not been agreed in advance, an appropriate fee which is commensurate with the nature and difficultly of the task shall be due.To this effect, the applicable rates specified in the German Judicial Remuneration and Compensation Act (JVEG) shall be considered as an applicable minimum.
1.10 Reservation of Title and Copyright
The translation shall remain the property of the Translator until payment has been received in full.Prior to this, the Client shall have no right to use the translation.
The Translator reserves the right to any copyright which may arise from the translation work.
1.11 Right of Withdrawal
Insofar as the translation contract was awarded on the basis of the Translator’s offer to produce translations on the internet, the Client shall renounce any possible right of withdrawal if the Translator has already started to work on the translation and has notified the Client hereof.
1.12 Applicable Law
German law shall apply to the translation order and any claims resulting therefrom.
The place of performance is the Translator’s place of residence or registered office.
The place of jurisdiction is the place of performance.
The language of the contract is German.
1.13 Severability Clause
Should one or more of the provisions laid down in these General Terms and Conditions be or become null and void, this shall not affect the validity of the remaining provisions.Any invalid provision shall be replaced by a valid provision which corresponds as closely as possible to the economic effect or the intended purpose of the invalid provision.
1.14 Amendments and Additions
Any amendments and additions to these General Terms and Conditions shall only be valid if they are made in writing.This shall also apply to changes to the written form requirement.
2 General Terms and Conditions for Interpreting Services
2.1 Types of Interpreting
2.1.1 Simultaneous Interpreting
The interpreters sit in a soundproof booth and render the words being spoken by the speaker in real-time (simultaneously) into the target languages.
Since simultaneous interpreting requires a high degree of concentration, the interpreters must rotate every 20 to 30 minutes. It is therefore important that a sufficient number of simultaneous interpreters are available.
Types of event:
Large events
Multilingual conferences
Conferences where there is not enough time for consecutive interpreting to take place
2.1.2 Consecutive Interpreting
Interpretation takes place after the source-language speaker has finished speaking. In comparison to simultaneous interpreting, the length of the session approximately doubles per target language.
Types of event:
Short speeches or negotiations where the presence of an interpreter would aid the discussion.
2.1.3 Whispering Interpreting
The interpreter speaks at the same time as the speaker but does not use any special technical equipment. If several people need to listen to the interpreter, whispering interpreting equipment can be used so that the interpreter can speak into a microphone and the participants can listen to the translation through headphones.
Since whispering interpreting demands the same level of concentration as simultaneous interpreting or higher, two interpreters per target language are again required for longer events.
Types of event:
Suitable for small groups, e.g. during factory tours or site visits. Whispering interpreting cannot be used as a substitute for simultaneous interpreting because the original speakers and interpreters speak in the same room and this has an unavoidable disruptive effect.
2.1.4 Negotiation Interpreting
Shorter passages of text are rendered into the target language section by section during breaks in the conversation.
2.2 Scope
These Terms and Conditions shall apply to contracts between the Interpreter and their Client, unless otherwise expressly agreed or legally required.
General Terms and Conditions provided by the Client shall only be binding on the Interpreter if they are specifically acknowledged by the Interpreter.
2.3 Contracts
Contracts are either concluded directly between the Interpreter and the conference organiser or directly between the Interpreter and the party to whom the organiser has duly assigned responsibility for handling the contractual and financial aspects of recruiting the interpreting team.
2.4 The Interpreter’s Duties
The Interpreter is responsible for interpreting oral statements; their duties shall not extend to interpreting at events which are not explicitly mentioned in the contract, nor shall they be responsible for producing written translations. The Interpreter has a strict duty of professional secrecyand is required to work to the best of their ability and to reject any influence by third parties.Individuals who do not belong to the interpreting team are not permitted to join the team or to use the interpreter channels set up for the simultaneous interpretation booth in any other capacity without the prior consent of the point of contact responsible for the interpreters.The Interpreters themselves are responsible for deciding how to distribute work among themselves.
2.5 Daily Working Hours
Unless otherwise agreed, the Interpreter’s daily working hours shall not exceed 8 hours per working day plus a 1-hour break or 6 hours per working day plus a 1-hour break for simultaneous and whispering interpreting. If this length of time is likely to be exceeded during simultaneous or whispering interpreting assignments, the Client shall allow additional interpreters to be added to the interpreting team in advance in order to ensure that the quality of the interpreting service remains the same.Working hours exceeding the standard hours of work shall be compensated for at any hourly rate specified during the placement of the order.
2.6 Preparatory Materials
To enable the Interpreter to familiarise themselves with the subject area and terminology, the Client shall send them a complete set of documents (programme, agenda, minutes from the previous meeting, reports etc.) in all of the conference’s working languages as early as possible before the start of the event. If the Client is unable to provide the Interpreter with the necessary documents, they must help the Interpreter to get in touch with the speakers of the presentations to be interpreted so that the speakers themselves can inform the Interpreter of the contents of the speech or send them preparatory materials.
2.7 Simultaneous Interpretation of Texts Being Read Aloud and Films
If a text is due to be read aloud during the event, the Client shall ensure that the Interpreters receive a copy of it in advance. The Client shall inform the speakers that the reading speed of a text to be interpreted must not exceed 100 words a minute (i.e. 3 minutes for 1 DIN A4 page with around 1,600 characters).
If films are due to be shown during the meeting, the soundtrack shall only be interpreted if the script has been given to the Interpreters in advance, the narrator is speaking at a normal speed and the sound is transmitted directly into the Interpreters’ headphones.
2.8 Fee
Fees as well as daily and overnight allowances shall be determined by mutual agreement. Unless specified otherwise by law, fees shall be paid without any tax deductions.
2.9 Fee if the Order is Withdrawn by the Client
If the order is withdrawn by the Client, the Interpreter shall be entitled to receive a cancellation fee. They shall also be entitled to the reimbursement of any verifiable expenses which they have incurred.
If the Interpreter accepts another interpreting order during the period when the cancelled assignment was due to take place, the cancellation fee shall be reduced accordingly.
2.10 Travel Conditions
Travel shall be arranged in such a way that it does not impair either the Interpreter’s health or the quality of their work following the journey.
2.11 Release from the Contract
If the Interpreter asks to be released from the contract for a reasonable cause, they shall find a qualified colleague to replace them under the same conditions. The engagement of this colleague requires the Client’s consent and, in cases where a consultant interpreter has put together the team, the consent of this interpreter as well.
2.12 Force Majeure
The parties shall be released from their obligations in the case of force majeure, provided that these obligations are affected by force majeure.
2.13 Place of Jurisdiction
The place of jurisdiction is Stuttgart. The law of the Federal Republic of Germany shall apply.