General terms of business
Unless otherwise agreed, the following general terms of business apply to all our dealings with clients:
§ 1 Scope of application
These terms of business apply to agreements between HAGEMEISTER LANGUAGE SERVICE (prop. J. Hagemeister) (hereafter referred to as LANGUAGE SERVICE) and the Client, unless expressly agreed otherwise or prescribed by law.
§ 2 Scope of the translation order
The translation shall be duly carried out in accordance with the principles of good professional practice. The Client shall be furnished with the translation as specified in the Contract.
§ 3 Provision of information
1) The Client shall inform the LANGUAGE SERVICE sufficiently ahead of time of any particular requirements regarding the translation (e.g. delivery format, number of copies, publication standard, layout). If a translation is intended for publication, the Client shall submit a typeset proof of the translation to the LANGUAGE SERVICE before printing.
2) The Client shall volunteer to the LANGUAGE SERVICE in sufficient time any information and documentation required to prepare the translation (such as client's glossaries, illustrations, drawings or prior translations).
3) The LANGUAGE SERVICE is only obliged to translate abbreviations if the client supplies the full word for explanation. This does not apply to abbreviations that are commonly known.
4) If a word has several meanings, and the correct meaning can only be deduced from a context or drawing, the LANGUAGE SERVICE can only be held liable for incorrect translation if the Client has failed to deliver the correct context or drawing with the document to be translated.
5) The LANGUAGE SERVICE shall not be responsible for any mistakes resulting from non-compliance with these obligations.
§ 4 Word or line count
The cost of the translation is based on the number of lines or words in the target text.
The cost of the translation is calculated based on the number of lines (a standard line consisting of 55 characters including spaces) or words. If no other method has been agreed to in writing, the number of lines or words is determined using TEXTCOUNT. The Client shall receive a copy of the TEXTCOUNT result with details of the numbers of lines or words together with the invoice.
§ 5 Elimination of defects
The LANGUAGE SERVICE reserves the right to correct defects. The Client is entitled to demand the correction of any defects the translation may contain. The Client shall specify precisely the nature of any defect to be corrected within a period of 14 days. If correction of defects or a compensation delivery of the translation fails, the legal warranty claims come back into effect, provided no other agreement has been reached.
§ 6 Performance of services by third parties
The LANGUAGE SERVICE shall be entitled to use third parties to carry out any tasks, provided that this is deemed expedient. Contact between the Client and a third party employed by the LANGUAGE SERVICE shall only be permitted with the consent of the LANGUAGE SERVICE. The business connection shall always be between the client and the LANGUAGE SERVICE only.
§ 7 Liability
The LANGUAGE SERVICE shall be liable in the event of gross negligence or intent. Liability arises in the event of slight negligence only if substantial contractual obligations are violated. The LANGUAGE SERVICE shall not be liable for delays or defects in performance arising from incorrect or incomplete rendering of the source text or from unclear or misleading or incorrect phrasing in the source text.
§ 8 Obligation to maintain secrecy
The LANGUAGE SERVICE agrees to observe secrecy about all information disclosed in the course of dealing with the Client.
§ 9 Payment
1) Payment shall be due immediately upon acceptance of the translation. The period of acceptance must be reasonable.
2) In addition to the fee agreed upon, the LANGUAGE SERVICE shall be entitled to reimbursement of actual expenses incurred and agreed to with the Client.
3) The LANGUAGE SERVICE may request an advance payment if this is factually required to perform the translation. If reasonably justified, the LANGUAGE SERVICE can withhold the completed work until full payment has been received.
4) If the amount of the fee is not agreed in advance, the client shall pay the translator an appropriate remuneration based on the nature and difficulty of the performed work The minimum applicable rates that are regarded as adequate and generally accepted in this context are those specified in the German act governing fees and compensation payments for services rendered to the judiciary ("Justizvergütungs- und -entschädigungsgesetz").
§ 10 Retention of title and copyright
1) The translation shall remain the property of the translator until payment is made in full. Until then, the Client shall have no right of use.
2) The LANGUAGE SERVICE reserves the copyright.
§ 11 Cancellation of contract
The Client may only cancel the contract at any time before completion of the translation if a justifiable reason is cited. Cancellation shall only be effective if notice has been given to the LANGUAGE SERVICE in writing. The LANGUAGE SERVICE shall be entitled in such cases to damages for lost profit up to the amount of the order.
§ 12 Applicable law and place of jurisdiction
1) German law shall apply to the order and all claims arising therefrom.
2) As far as permissible, the place of jurisdiction for all disputes and for both parties to the contract shall be Berlin, Germany.
3) The effectiveness of these terms relating to the order shall not be affected by the invalidity or ineffectiveness of individual provisions.