Terms and Conditions
Unless explicitly agreed otherwise or legally unalterably required, the following terms and conditions will apply for contractual agreements between Eveline Quipipa-Dias, Wordshmiths (thereafter, “the Translator”) and the Client.
General terms and conditions of the Client shall only be binding for the Translator if they were expressly recognized by her.
2. Scope of Translation Assignment
The translation will be carried out diligently in accordance with the principles of the due exercise of a profession. The Client shall receive the contractually agreed copy of the translations.
3. Duties of the Client (pursuant to BGB)
It is the responsibility of the Client to ensure that documents are legible, error-free and complete.
The Client shall be obliged to inform the Translator in due time on the desired format in which the translation is to be provided (translation on storage media, number of copies, readiness for press, appearance of the translation etc.). If the Translation is intended for printing, the Client shall be obliged to leave one galley proof to the Translator, in order to provide her with the opportunity to correct any existing errors. The Client shall have to check names and numbers.
The Client shall provide the Translator upon assignment of order and in due time with information and documents required for preparing the translation (Client’s glossaries, images, drawings, charts, abbreviations, etc.).
The Translator will not be held liable for errors and delays which may result from lack of information or delayed provision of information material and instructions.
The Client must check the appropriate execution of the translation immediately upon receipt, in particular, transcription of numbers, figures, tables, graphs, and so on. Complaints about errors must made be immediately - eight days upon receipt at the latest. After this deadline, the client accepts translation as delivered in accordance with agreement and acknowledges receipt.
4. Rights of the Client in Case of Defects
The Translator reserves the right to remedy defects pursuant to the German Civil Code (Bürgergesetzbuch, BGB). The Client shall have the right to remedy of any defects that the translation may contain and which the Client has specified.
Claims on the part of the Client against the Translator regarding defects of the translation (§ 634a BGB) are limited to one year upon acceptance of translation, unless fraudulently caused.
Damage claims on the part of the Client against the Translator, unless resulting from inferior service, are limited to intention and gross negligence.
The Client shall be held liable for the rights on a text and must ensure that the translation of the text is legal. The Client shall keep the Translator indemnified from any claims of third parties.
The Translator will not assume liability for defects in translation which are the result of poorly legible, erroneous or incomplete source materials or which are based on terminology provided by the Client.
The Translator shall be committed to professional secrecy regarding all documents obtained by the Client.
7. Involvement of Third Parties
The Translator is entitled to use a competent third party to fulfill her assignment, if needed; the agreement with this procedure shall not be denied by the Client.
The invoices of the Translator are due and payable without discount within two weeks from date of invoice.
All invoice sums are quoted net, plus the legal value added tax (VAT).
In addition to the agreed fee, the Translator shall be entitled to be refunded the expenses that were incurred and agreed on with the Client (costs for travel, material, etc.). In all cases VAT, if required by law, will be added to the expense. In case of voluminous translations, the Translator shall be entitled to demand such advance payment which is objectively required to make the translation. In justified cases, she shall have the right to make the delivery of her work dependent on the prior payment of her full fee.
If the amount of the fee is not agreed upon, appropriate remuneration in terms of the type and degree of difficulty shall have to be paid. In this context, a minimum of the rates stated in the German Court Payment and Reimbursement Act (Justizvergütungsgesetz, JVEG) shall be deemed appropriate.
In the event of premature termination of the contract, the Translator shall be entitled to appropriate remuneration for services already provided and in consideration of any other obligations in connection with this order as well as any incurred losses thereupon, pursuant to BGB.
9. Retention of Title and Copyright
Translation remains the property of the Translator until full payment is made. Until then, the client has no right of utilization.
If any, the Translator may reserve her copyright.
In cases in which the Client changes the translation without informing the Translator ahead of it or in which the Translator did not receive a proof copy for quality control and which lead to an error in the translation, the Translator reserves the right to disallow the mention of her name as the Translator.
10. Right of Rescission
In so far, as the assignment of the translation order is based on translation services offered by the Translator in the Internet, the Client shall wave any possible right to rescission in the event that the Translator has already started with her translation work and informed the Client about it.
11. Applicable Law
German law shall be applicable for the contract and all claims resulting from it.
The contract language is German.
12. Severability Clause
The effectiveness of these terms and conditions will not be affected by the invalidity or ineffectiveness of individual terms and conditions therein. Such void condition or term shall have to be replaced by another valid one which comes closest to the economic result and/or the intended purpose of the void condition or term.
13. Modifications and Amendments
Modifications and amendments to these terms and conditions are only valid if agreed upon in writing. This also applies to any changes regarding requirements of the written form.