Terms & Conditions

Terms and Conditions for Translations and Services

These terms and conditions apply to translations, interpreting and related services, define mutual rights and obligations and contain important information for clients.

1. Scope
(1) These terms and conditions apply to contracts between Alexandra Brettel (Contractor) on the one hand and her customer (Customer) on the other hand, unless otherwise expressly agreed or prescribed by law.
(2) General terms and conditions of the client are only binding for the Contractor if they have expressly recognised them.

2. Scope of the translation contract or service
The service is carried out in accordance with the principles of proper professional practice. The client receives the contractually agreed copy of the translation or service.

3. Placing of order, cooperation and information obligation of the client
(1) The order is placed by the client via e-mail, fax or post. The contract acceptance and the concomitant contract conclusion takes place by order confirmation on the part of the Contractor.
(2) The client must inform the Contractor in good time about desired embodiments of the translation or service (intended use, delivery on data carriers, number of copies, readiness for printing, external form, etc.). If the translation is intended for publication, the client shall provide the Contractor with a proof copy in due time before printing. Names and numbers are to be checked by the client.
(3) The client shall provide the Contractor with the information and documents necessary to prepare the translation when placing the order (glossaries of the client, illustrations, drawings, tables, abbreviations, internal terms, etc.).
(4) Errors and delays resulting from the lack of or delayed delivery of information material and instructions shall not be charged to the Contractor. The Contractor is not liable for errors in the source text.
(5) The client assumes the liability for the rights to a text and ensures that a translation may be made. He releases the Contractor from the corresponding claims of third parties.

4. Remedy of defects
(1) The Contractor reserves the right to supplementary performance. Initially, the client is only entitled to the elimination of the defects possibly contained in the translation.
(2) The claim for supplementary performance must be asserted by the client with a precise statement of the defect.
(3) Warranty claims do not entitle the client to withhold agreed payments.

5. Liability
(1) The Contractor is liable for gross negligence and intent. The term gross negligence does not include damage caused by computer breakdowns and transmission errors caused by e-mail or viruses. The Contractor hereby takes precautions against anti-virus software. The liability for slight negligence applies exclusively in case of violation of primary obligations.
(2) The claim of the client against the Contractor for compensation for damage caused in accordance with no. 5 (1) sentence 4 shall be limited to 200,000 euros for property damage and 3,000,000 euros for personal injury and property damage; the express agreement of a higher claim for damages is possible in individual cases.
(3) The exclusion or limitation of liability according to no. 5 (1) and (2) shall not apply to damage to a consumer resulting from injury to life, limb or health.
(4) Claims by the client against the Contractor for defects in the translation (§ 634a BGB) are subject to a limitation period of one year from the date of acceptance of the translation, unless fraudulent intent exists.

6. Professional secrecy
(1) The Contractor undertakes to keep confidential all facts that become known to her in connection with an activity for the client.(2) Without explicit instructions to the contrary, the Contractor may assume that the Client agrees to the electronic processing and the unencrypted electronic transmission of the translation via the Internet. The associated data protection, data change and data loss risks are borne by the client.

7. Participation of third parties
(1) The Contractor is entitled to use employees or competent third parties to execute the order.
(2) If expert third parties are consulted, the Contractor must ensure that they undertake to observe secrecy in accordance with No. 6.

8. Remuneration
(1) The remuneration is due immediately after acceptance of the service. The acceptance period must be appropriate. Invoices are to be paid without deduction, any applicable transfer fees are charged to the client.
(2) The prices shown are final prices. Pursuant to Section 19 UStG, we do not levy VAT and therefore do not issue it (small business owner status).
(3) In addition to the agreed fee, the Contractor is entitled to the reimbursement of expenses actually incurred and agreed with the client. For large orders, the Contractor may require a reasonable advance. The amount and method of payment of the advance are contractually agreed.
(4) If the amount of the fee has not been agreed upon, a reasonable and customary fee according to type and difficulty is due. At least the rates listed in the JVEG (Judicial Compensation and Remuneration Act) are considered appropriate and customary.
(5) Subsequent changes and other additional expenses: If the client modifies the source text after its delivery to the Contractor on a non-insignificant scale, the Contractor may demand that the deadline for the submission be postponed to an appropriate extent. In addition, the Contractor is entitled to demand an appropriate time fee for the additional expenses incurred in addition to the agreed fee. Likewise, other effort that goes beyond the actual translation activity, such as the control of printing flags, reformats, layouts, and similar, is charged at a reasonable time fee.

9. Retention of title and copyright
(1) The translation remains the property of the Contractor until full payment. Until then, the client has no right of use.
(2) The Contractor reserves her copyright. The Contractor grants the Principal the right to use the translation within the context of the purpose of use that the Translator has defined for the translation created by the translation. Further use requires the consent of the translator, which is not denied, if the additional use does not affect the moral rights and is reasonably remunerated.
(3) If it is customary for the respective type of text, the client must name the name of the translator in a suitable form when the translation is published. The client has the right to edit the translation. However, if the translation processing is not only minor, the client has to inform the Contractor and she has the right to prohibit her naming.

10. Applicable law
(1) German law applies to the order and all claims arising therefrom.
(2) The place of performance is the place of residence of the Contractor or the place of business of its professional establishment.
(3) Jurisdiction is the place of performance.
(4) The contract language is German. Only the German version of these terms and conditions applies. The non-German versions are for information only.

11. Severability clause
The effectiveness of these terms and conditions is not affected by the invalidity or invalidity of individual provisions. The ineffective provision shall be replaced by a valid one that comes as close as possible to the economic result or the intended purpose.

12. Changes and additions
Changes and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to the change of the written form requirement itself.