Terms of business

Original (English) version of terms of business between Translator and Client. (Partially based on model T&Cs by German Translator’s Association (BDÜ)).

General

  1. These business terms apply to all contracts, orders and agreements between Translator and Client, unless otherwise agreed upon or required by law.
  2. Client’s terms and conditions only apply to Translator, if Translator has accepted them in writing.

Duties

  1. Translator shall provide a diligent translation according to the generally accepted standards of the industry.
  2. By default, Translator shall deliver target texts in the format in which the source texts are provided.
  3. Client shall give Translator sufficient time to make improvements to delivered translations. Client may not make discounts and deductions from the invoiced amount, unless 7 days have passed without a response from Translator.
  4. Client shall provide Translator with all necessary ancillary information and materials (purpose, audience, preferred style and terminology, reference material) in time. If Client expresses no preferences, Translator will use his professional judgement.
  5. Translator shall not be liable for delays or errors resulting from faulty, missing or belated reference material / customer wishes.
  6. If Client is a company, all claims against Translator for faulty translation shall expire after one year (§634a of the German Civil Code (BGB)), unless there is a verifiable case of malice on Translator’s part. (Does not apply, if Client is an end user.)
  7. Translator reserves the right to use Client’s logo and business contact for advertising purposes, unless Client expressly asks not to be mentioned.

Confidentiality

  1. Translator shall maintain confidentiality about all facts concerning Client and Client’s clients, of which he learns during his work for Client. (Does not include publicly available information.)

Third-party collaboration

  1. Translator has the right to employ collaborators or subject matter experts to fulfill his contract.
  2. Translator must ensure that such collaborators or experts also undertake to observe confidentiality regarding Client.

Service and pricing

  1. As self-employed contractor, translator retains the right to negotiate prices on a project basis.
  2. All invoiced amounts fall due 14 days after submission of the invoice without deductions or discounts.
  3. If Translator incurs actual expenses in addition to his own labor, he shall be able to demand an appropriate advance payment from Client.
  4. Translator may also demand an advance payments for projects with deadlines of more than 30 days.
  5. All prices (for final product or for unit of input/output) must be agreed upon, before Translator begins to work. This may be formalized in a purchase order.

Retention of title and copyright

  1. Until full payment, the translation shall remain the property of Translator.
  2. Translator reserves the right to any existing copyrights to his product.

Applicable law

  1. Translator’s registered address being in Germany, the law of the Federal Republic of Germany shall apply to all contracts between Translator and Client.
  2. Translator retains the right to pursue any claims against a Client in default in that Client’s home jurisdiction.

Severability

  1. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of the Agreement.

Changes

  1. Changes or amendments to these Terms require prior written approval by both parties. The same applies to this clause.