Terms and Conditions
Article 1: General information and scope
- The following General Terms and Conditions apply to all contracts between Mandy Borchardt (hereinafter referred to as the “Translator”) and her contractors as long as those contractors are entrepreneurs or a legal entity under public law.
- Any deviating or additional general terms and conditions shall only become part of the contract if the Translator expressly acknowledges them.
- The contract language is German. German law shall apply exclusively.
Article 2: Conclusion of the contract
- The Translator submits an offer to the contractor for the required translation or service upon the contractor’s oral, written or emailed request. As a precondition for the binding conclusion of the contract, the contractor shall transmit their order by email or by mailing the signed order. The contract only comes into effect once the Translator has confirmed to the contractor the contents of the order in written form, in text form or by rendering the service.
- The services offered by the Translator are subject to change and non-binding. The prices indicated in the individual offer shall apply. Depending on the applicable legal situation, the corresponding value added tax shall be paid in addition to the net prices indicated in the offer.
Article 3: Services and terminology
- The Translator undertakes to translate the text transmitted by the contractor in such a way that it is free from defects. The Translator shall perform the translation without shortening or extending the text or changing the content of the text in any other way. In this context the Translator reserves the right to add comments, footnotes etc. in the target language text for better understanding or to correct obvious mistakes; the Translator shall inform the contractor of such corrections.
- Unless otherwise agreed, the service rendered by the Translator shall include only the translation into the target language of a text provided by the contractor. Proofreading, subsequent text formatting, editing, the insertion of diagrams and images as well as text composition, the creation of print templates or HTML / XML documents etc. shall be charged for based on the required time, unless the parties agree otherwise. Translations shall be performed in accordance with the generally acknowledged rules of the agreed target language with regard to usage, spelling and grammar. Technical terms and special vocabulary shall be translated in accordance with their common or usual meaning. If the contractor would like certain terminology or a certain form to be used in the translation that deviates from the generally acknowledged rules, it shall only be used if this has been expressly agreed upon in the contract. In this case, the contractor shall provide instructions (sample texts, parallel texts, glossaries and the like) in a digital, editable format. Upon the Translator’s request, the contractor shall provide subject-related assistance.
Article 4: Contractor’s obligation to cooperate
- When requesting the Translator to submit an offer, the contractor shall inform the Translator of the desired form of the translation (intended use, delivery on storage medium, file format, and if applicable the number of copies, print-readiness, external form of the translation etc.). If the translation is intended for print, the Translator shall receive a galley proof for review prior to printing. The contractor shall generally provide the text to be translated by the Translator in digital, editable format. The source material must be legible and be submitted to the Translator at the time and in the format indicated by the Translator. Upon the Translator’s consent, any changes and additions to the source material shall be submitted to the Translator with said changes clearly indicated compared to the original version.
- When placing the order, the contractor shall provide the Translator with information and documents that are necessary for producing the translation (technical terminology of the contractor, figures, drawings, tables, abbreviations, internal terms etc.).
- The contractor guarantees that the translation of the source text as well as the publication, the distribution, the sale and any other use of the requested translation does not present an infringement of third-party rights and that the contractor is fully authorised to have the text translated. The contractor indemnifies the Translator against any claims of third parties in this respect.
Article 5: Acceptance, obligation to give notice of defects, subsequent improvement, warranty period
- After completion of the service, the text or the agreed service shall be provided to the contractor in the desired format in written form or in text form. Should the contractor not raise any objections within 14 days after receipt of the translation or the agreed service, the translation or the agreed service shall be deemed accepted in accordance with the contract.
- Obvious defects must be reported without delay and within no later than 14 days.
- The contractor is required to notify the Translator in written form or in text form of any obvious defects within 14 days and request the Translator to rectify said defects within a reasonable period of time. If the improvement is unsuccessful, the contractor shall allow the Translator a second attempt at improvement. Should this second attempt at improvement also prove unsuccessful, the contractor shall be entitled to request the cancellation of the contract or a reduction of the agreed fee.
- Hidden defects must be reported to the Translator within 14 days after their discovery. In other respects, Article 5 Paragraph 3 of these General Terms and Conditions shall apply.
- The warranty period shall be 12 months after acceptance. This shall not apply in cases where the Translator is mandatorily liable under statutory regulations according to Article 6. In this case, statutory provisions shall apply.
Article 6: Liability
- In cases of intention or gross negligence, the Translator’s liability shall be based upon statutory regulations. Liability for warranties shall apply without fault.
- In cases of slight negligence, the Translator shall be liable exclusively according to the provisions of the German Product Liability Act, due to injury to life, limb or health or due to a breach of essential contractual obligations. An essential contractual obligation can be understood as an obligation whose fulfilment facilitates the proper performance of the contract in the first place and compliance with which the client may regularly rely on. Claims for damages in cases of a slightly negligent breach of essential contractual obligations, however, shall be limited to the foreseeable damages typical for this type of contract, unless liability due to injury to life, limb or health applies. Foreseeable damages typical for this type of contract shall be damages that are subject to the protective purpose of the respective contractual or legal standard that has been breached. The Translator shall be liable to the same extent for the fault of vicarious agents.
- The provisions of the paragraph above shall extend to compensation for damages in addition to performance, compensation for damages in lieu of performance and the claim for reimbursement due to fruitless expenditures, regardless of the legal grounds, including liability due to defects, delay or impossibility.
- No change of the burden of proof to the disadvantage of the contractor shall be connected with the preceding provisions.
Article 7: Delivery dates and delay
- Unless the Translator has expressly confirmed the delivery date as binding, the delivery date shall not represent a binding or guaranteed delivery date.
- If the Translator negligently delays the delivery of the agreed service and if the contractor can credibly demonstrate that they suffered damage as a result of the delay, the contractor may claim damage compensation in the form of a lump sum. The lump sum damage compensation shall be 1 % of the agreed fee for each full day of delay, but it shall be no higher than 50 % of the agreed fee. This shall not affect the contractor’s right to cancel the contract.
- No change of the burden of proof to the disadvantage of the contractor shall be connected with the preceding provisions.
Article 8: Usage rights and copyrights
- If the service performed by the Translator represents partly or in whole works within the meaning of copyright, the contractor may use and process these works with regard to the service provided to them within the contractually intended purpose without limitations of time, space or content. The contractor shall be entitled to edit and change the service and to transmit the service to third parties within the scope of the contractually intended purpose. In such cases, the contractor shall only be permitted to indicate the Translator as the author of the text if this has previously been agreed upon. Any use of the service provided by the Translator for purposes other than those contractually intended shall require the express approval of the Translator.
- If the Translator develops a specific terminology database or a translation memory (TM) during her work for the contractor, or if the Translator adds to existing databases of the contractor, the usage rights and copyrights to the databases or to the additions to the databases shall – in derogation of Article 8 Paragraph 1 – belong exclusively to the Translator. This shall not apply if the parties have expressly agreed otherwise.
Article 9: Secrecy
- The Translator shall treat orders and the information provided with orders with the utmost confidentiality, even after completion of the order.
- The Translator shall offer the contractor the option of concluding a separate non-disclosure agreement or confidentiality agreement.
Article 10: Payment
- Unless otherwise agreed by the parties, the Translator shall bill the agreed service to the contractor immediately after delivery of the translation or the services agreed upon in accordance with Article 3. The invoice shall be due in full immediately.
- In case of order values higher than €1,500.00, 30 % of the agreed fee shall be payable upon placement of the order. For the remaining amount, Article 10 Paragraph 1 of these General Terms and Conditions shall apply.
- The rights related to the translation or the service shall remain with the Translator exclusively until the billed amount has been paid in full.
- The Translator’s contractor may not only expect a certain quality of translation, but also a smooth processing of their order. In this context the storage of certain data of the contractor cannot be avoided. The Translator takes aspects of data protection very seriously and wishes to ensure that the contractor’s rights are protected.
- The Translator collects, processes and uses personal data only with the contractor’s consent or if a legal provision allows this. The Translator will only collect, process and use such personal data as necessary for the performance and use of the service or such personal data provided to the Translator voluntarily by the contractor. Personal data is all data that contain information about personal or factual circumstances of a defined or definable client, such as their name, email address, private address or business address. The Translator requires personal data to process the order (email address, business address, delivery address) and to reply to questions on the part of the contractor or submit questions to the contractor (email address, your telephone number if applicable).
- Personal data is only stored for as long as it is needed to perform the service or maintain the business relationship desired by the contractor. Furthermore, it might be necessary to store data for periods longer than those specified above due to statutory or legal requirements.
- The Translator has implemented technical and organisational security precautions to protect data, especially against loss, manipulation or unauthorised access. The Translator regularly adapts these security precautions in line with ongoing technical developments.
The German version of the text of the above General Terms and Conditions was prepared by the lawyer Mr. J. Bauch, Paul-Finger-Straße 12, 50858 Köln, Germany, unless it states legal requirements verbally or in the general sense. Its contents are subject to German copyright law. The reproduction, adaptation, distribution and any kind of use beyond what is permitted under German copyright law requires the written authorisation of the law office of Hermann J. Bauch.