LEGAL – GENERAL TERMS AND CONDITIONS
1. Area of Application
(1) These terms and conditions shall apply to any agreement between Isabel Wild (hereinafter referred to as “the translator”) and her customers, unless otherwise agreed or legally mandatory.
(2) The customer’s general terms and conditions shall not be binding for the translator, unless she has explicitly agreed to this beforehand in writing.
2. Scope of Translation Order
The translation shall be produced in accordance with the principles of due diligence. The translation will be delivered to the customer in the contractually agreed and legal form.
3. Cooperation and Provision of Information by Customer
(1) The customer shall undertake to inform the translator in due time about the required forms of the translation (purpose, number of copies, all formatting, etc.). If the translation is destined for print, the customer shall provide the translator with a proof prior to printing, allowing an ample time period for the translator to correct any errors. Names and figures are to be proofread by the customer.
2) When placing the order the customer shall provide the translator with all the information and documents necessary to carry out the translation (any customer glossaries with terminology, illustrations, drawings, tables, abbreviations, in-house terms, etc.).
(3) The translator shall not be held responsible for any errors or delays incurred due to errors or delays in the supply of information and instructions.
(4) The customer assumes liability for any rights pertaining to or related to the text and undertakes to ensure that the act of translating the text is legal. The customer releases the translator from any third party claims.
4. Customer’s Rights in the Event of Errors
(1) The translator reserves the right to rectify any errors.
(2) The customer’s right to rectification of errors must be asserted in writing, indicating exact details of the error(s).
(3) In the event that the translator does not rectify the errors within an appropriate period of time, or refuses to do so, or if the rectification of errors is deemed to have failed, the customer shall be entitled to have the errors rectified by another translator, following consultation with the assigned translator and at the expense of the latter. Alternatively, the customer may request a price reduction or a cancellation of the order. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts at rectification.
(1) The translator is liable in case of gross negligence. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by viruses are not considered gross negligence. The translator shall take the necessary precautions against such failures by means of anti-virus programmes. Liability in cases of slight negligence shall only apply in the event of violation of primary duties.
(2) The customer’s claim for damages against the translator is limited to Euros 5,000; in individual cases, a higher claim for damages may be agreed explicitly.
(3) The exclusion or limitation of the liability according to item 5 (1) and (2) shall not apply to damages incurred by a customer through injury to his/her life, body or health.
(4) The customer’s claims against the translator for errors in the translation (§ 634a BGB, German Civil Code) are subject to a limitation period of one year from the date of acceptance of the translation, except in the event of malice .
(5) The liability for consequential harm caused by a defect in the work delivered is limited to the legal limitation period, contrary to § 634a BGB (German Civil Code). However, § 202 (1) BGB shall remain unaffected.
6. Professional Secrecy
The translator shall not disclose any facts or knowledge about and in connection to the activities she performs in order to produce the contractually agreed translation.
7. Cooperation of Third Parties
(1) The translator shall be entitled to consult qualified third parties in order to execute the order or ask a cooperating freelancer of her choice to carry out the translation.
(2) In the event of a consultation as previously mentioned, the translator undertakes to ensure that any third party entrusted by her complies with the obligation to maintain secrecy, according to item 6.
(1) The translator’s invoices are due for payment in full no later than 14 days after the date of invoice.
(2) The prices stated are net prices and are subject to VAT, which will be charged in addition.
(3) In addition to the agreed remuneration, the translator shall be entitled to reimbursement of any expenses actually incurred and agreed upon beforehand with the customer. In every case, VAT will be charged in addition wherever required by law. For long assignments and texts, the translator may request a reasonable advance payment. Moreover, the translator may agree with the customer prior to beginning her work and in writing that the delivery of the translation work is subject to the prior payment of the full amount of remuneration.
(4) If no agreement has been made as to the amount of the remuneration, the customer shall pay a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order.
9. Reservation of Title and Copyright
(1) The translation remains property of the translator until full payment has been received from the customer. The customer shall not have the right to use the translation until then.
(2) The copyright for the translation remains with the translator, unless otherwise agreed.
10. Right of Rescission
If the placing of a translation order is based on the fact that the translator has offered her translation services in the internet, the customer renounces any established revocation right where the translator has already started her work and has informed the customer accordingly.
11. Governing Law
(1) Any translation assignment and any claims arising in connection herewith will be construed in accordance with Spanish law.
(2) The place of performance is the residence of the translator or his business address.
(3) The place of jurisdiction is the place of performance.
(4) The contractual language is Spanish.
12. Severability Clause
Should any provision of these terms and conditions hereof become invalid or ineffective, this shall not affect the validity of the remaining provisions or the validity of the translation order as a whole. Any invalid provision shall be replaced by a valid one that is as close as possible to the economic result and/or the intended purpose of the invalid clause.
13. Changes and Amendments
Changes and amendments to these terms and conditions shall not be considered valid unless made in writing. The same applies to the legal requirement of changes and amendments being made in writing.