1. Scope
(1)
These terms and conditions apply to contracts between rent-a-linguist.com Gordian Blitzke, hereinafter referred to as the provider, and the client, unless otherwise expressly agreed or required by law. The client acknowledges this when placing the order.
(2)
General terms and conditions of the client are only binding for the provider if the provider has expressly recognized them.
2. Scope of the translation order
(1)
The translation is carefully carried out in accordance with the principles of proper professional practice. The client receives the contractually agreed copy of the translation.
3. Copyright
(1)
The client is responsible for the content of the transferred data. The client's copyright is assumed for all work transferred to the provider. The client alone bears the consequences of any copyright infringement.
(2)
The provider reserves its copyright to all translations, text adaptations, terminological databases and documentation produced by it.
4. The client's duty to cooperate and provide information
(1)
The client is obliged to deliver documents with a clearly visible format and legible content. Furthermore, the client must inform the provider immediately of any changes that could affect the content or format of the end product in any way. Any change can be a reason to adjust the price and / or delivery date by mutual agreement.
(2)
The client has to inform the provider in good time about special implementation of the translation (translations on data carriers, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the client must provide the provider with a proof.
(3)
The client must provide the provider with information and reference material that is necessary for the creation of the translation, unsolicited and in good time (client's glossaries, diagrams, tables, abbreviations, etc.).
(4)
Errors resulting from non-compliance with these obligations are not at the expense of the provider.
5. Delivery date
(1)
If no time has been agreed between the provider and the client, the translation must be delivered by 5:00 p.m. on the agreed date.
(2)
No liability is accepted for delays or deficiencies in execution caused by incorrect or incomplete transmission of the source text or ambiguous or incorrect formulations in the source text.
(3)
If the client transmits additional text passages after the order has been placed and a delivery period has been agreed, the delivery period and price must be negotiated again.
(4)
If the client makes changes to the source text after the order has been placed, which was already partially or fully translated in fulfillment of the order so that a revision of the already translated text becomes necessary, the delivery period is extended accordingly.
(5)
If the provider defaults on his services, he must first be granted a reasonable period of time. Only after this deadline has expired without result can the client request conversion or reduction.
6. Elimination of defects
(1)
If the client does not raise any written objections within five working days of receiving the translation, the translation is deemed approved. In this case, the client waives all claims to which he may be entitled due to possible defects in the translation.
(2)
The provider reserves the right to remedy defects. The client is entitled to the removal of any defects in the translation. The right to remedy the defect must be asserted within five working days of receipt of the translation by the client, specifying the defect.
(3)
In the event that the repair or a replacement delivery fails, the statutory warranty rights are revived, unless another agreement has been made.
7. Liability
(1)
In the event of damage or loss of data on the client's or the provider's data carriers, as well as on the electronic data transmission paths and networks, expressly no liability is assumed. We also expressly assume no liability for damage to or loss of any material made available to the provider. In any case, liability or warranty is limited to the pure material value of the templates or the material provided to the provider.
(2)
If the translation proves to be unsuitable for the intended use planned by the client (publication, advertising purposes, etc.), the provider reserves the right to amend it. In no case will this give rise to claims for damages against the provider. Liability for defects in the artwork created is excluded unless the proofs were submitted to the provider.
(3)
Liability for damage resulting from the fact that the client has passed on the service without being checked is excluded.
(4)
The provider is liable for gross negligence and willful misconduct. Liability in the case of slight negligence only arises in the event of a breach of essential contractual obligations and is limited to a maximum of the amounts agreed for professional and business liability per order / claim.
(5)
If the provider is prevented from providing or completing the services due to force majeure or other unavoidable circumstances for which the provider is not responsible, the client's right to cancellation or reduction is excluded.
8. Confidentiality / data protection
(1)
The provider undertakes to maintain secrecy about all facts that become known to him in connection with his work for the client.
(2)
The provider is entitled to have the translation done or corrected by a third party. In this case, the provider must ensure that the third party undertakes to maintain confidentiality towards him and / or the client.
(3)
The client declares his consent to the storage of his data for administrative purposes in terms of data protection.
9. Payment terms
(1)
The payment is due immediately after acceptance of the translation.
(2)
The provider's invoices are to be paid immediately upon receipt without any deduction. If the client is in default, the provider can demand interest of 10% above the base rate of the Deutsche Bundesbank until the full claim has been received.
(3)
In addition to the agreed fee, the provider is entitled to reimbursement of the expenses actually incurred and agreed with the client. For contracts with private clients, VAT is included in the final price - listed separately. In all other cases, it will be charged additionally, if required by law. In the case of extensive translations, the provider can request a pro rata advance payment, which is objectively necessary for the translation to be carried out. In justified cases he can make the handover of his work dependent on the previous payment of his full fee.
(4)
If the client sends additional text passages after the order has been placed, which are to be delivered on the originally agreed delivery date, or if the client shortens the delivery period after the order has been placed, the provider can raise an appropriate surcharge. There is no entitlement to a shortening of the delivery period.
(5)
If the client makes changes to the source text after the order has been placed, which was already partially or fully translated in fulfillment of the order so that a revision of the already translated text becomes necessary, the provider can charge a reasonable surcharge. The provider can invoice the client for translation passages which, after subsequent changes to the source text can no longer be used to fulfill the modified order.
10. Retention of title
(1)
The translation remains the property of the provider until full payment has been made. Until then, the client has no right of use.
11. Modification
(1)
The provider can change the conditions for the service it provides at any time. The provider notifies the client of the changes by means of an official notice on its homepage or by email directly to the client. If the client makes use of the provider's service after the notice of a change in the terms and conditions, he accepts this change. The provider may terminate or revise any or all aspects of the service at its sole discretion and without notice.
12. Applicable Law
(1)
German law applies to the order and all claims arising therefrom, excluding the provisions of international private law.
(2)
The validity of these terms and conditions is not affected by the invalidity and ineffectiveness of individual provisions. With the appearance of updated terms and conditions, previous versions lose their validity.
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