Terms and Condition
1. Scope of Application
These General Terms and Conditions (GTC) shall apply to all business transactions between Linguidoor Language Services UG, with headquarters at Schulzendorfer Strasse 22, 13347 Berlin, Germany (hereinafter referred to as “Translation Agency”), and the client (customer). The General Terms and Conditions shall be accepted by the Customer upon placing the order.
2. Deviating agreements, Deviating general terms and conditions
Deviations, amendments or subsidiary agreements require written confirmation by the Translation Agency. If the Client’s general terms and conditions conflict with these GTC, they shall not become part of the contract. The Translation Agency hereby expressly objects to such terms and conditions.
3. Placing of Orders, Co-operation Obligations of the Client
3.1 When requesting an order by email, fax, mail or telephone, the Client shall receive non-binding price information from the Translation Agency, which shall be based on these GTC. On the basis of this information, the Client may place an order in writing (e.g., by fax or email) with the Translation Agency. After acceptance of this order by the Translation Agency within 2 working days by means of an order confirmation by email, the contract shall be concluded.
3.2 When placing the order, the Client shall specify the target language, subject area and intended use of the text, any special terminology requirements and any special requirements regarding the form of execution (external appearance of the translation, storage on certain storage media and the like). If the translation is intended for printing, the Client shall provide the Translation Agency with a proof for proofreading purposes before the print version is produced.
3.3 Accompanying information material and documents required for the preparation of the translation shall be handed over to the Translation Agency by the Client without request upon placing the order. If the information material provided is not sufficient, the Translation Agency may request additional subject-specific information material from the Client.
3.4 Errors and delays resulting from non-compliance with these obligations shall be borne by the Client.
4. Order Execution and Delivery Deadlines
4.1 The translation shall be completed in full, in accordance with the grammatical rules and in accordance with the meaning of the text and the purpose of the translation to the best of our knowledge and belief for information purposes. If informative accompanying material or special instructions have not been provided by the Client, technical terms shall be translated in a generally customary and generally understandable form. Stylistic revision is not part of the translation service. The Client shall receive the translation in the agreed form.
4.2 If the meaning of a word in the case of words with several meanings can only be derived from the context of the text, translation errors shall be borne by the Client if the Client has not provided the Translation Agency with the accompanying information material required to complete the translation.
4.3 The Translation Agency may use third parties to execute the order. In principle, the business relationship shall exist only between the Client and the Translation Agency. Any contact between the Client and a third party engaged by the Translation Agency shall require our consent.
4.4 As a rule, the delivery dates specified by us shall be met. If the failure to meet a delivery date is due to force majeure, we shall be entitled either to withdraw from the contract or to demand that the Client grant us a reasonable extension of time. Further rights, in particular claims for damages, shall be excluded in such cases.
4.5 The translation shall be sent according to the Client’s wishes by FTP download, e-mail, fax or mail.
4.6 If the Client is an entrepreneur, a legal entity under public law or a special fund under public law, the following shall apply: The Translation Agency shall not be liable for any damage occurring in transit. The Client is obliged to notify the Translation Agency of the receipt of the translation by sending a short message.
5. Remuneration and advance payment
5.1 Unless otherwise agreed in individual cases, the remuneration shall be calculated on the basis of the standardized lines (standard lines) of the translated text, the number of words or a lump-sum offer submitted by us (e.g. as in the case of document translation).
5.2 After the conclusion of the contract, the Translation Agency may, at its own discretion, request a deposit in the amount of 50% of the agreed remuneration or the expected remuneration (if the remuneration cannot be definitively determined in advance). The remaining remuneration shall be due upon receipt of the translation. In this context, offsetting against disputed claims is excluded. Unless otherwise indicated, all prices are final prices including VAT. For entrepreneurs, the prices are shown plus the statutory value-added tax. In this respect, the indication of net prices corresponds to the usual procedure in the translation agency industry.
P.S. In the case of a certified translation of a marriage certificate, birth certificate, etc., the Translation Agency may ask the Client to make an advance payment.
5.3 The remuneration is generally payable by bank transfer. In individual cases, payment via PayPal is also possible after consultation.
5.4 If the payment method PayPal is selected, you shall pay the invoice amount via the online provider PayPal (PayPal (Europe) S.à.r.l. & Cie, S.C.A). In order to use PayPal, you may need to be registered with PayPal and create a customer account where your bank or credit card information is stored. After legitimation with the access data you can confirm the payment instruction to us. Your PayPal account will be debited with the corresponding amount.
5.5 If shipping costs are incurred, they will be shown separately in the offer of the translation agency.
5.6 Unless otherwise stated in the order confirmation or in an individual agreement with the customer, payment is due immediately upon receipt of the invoice. Translation agency Linguidoor will issue a corresponding invoice to the customer. Default occurs 14 days after the invoice date. In case of late payment, translation agency Linguidoor is entitled to claim damages for delay. In case of late payment, translation agency Linguidoor is entitled to charge interest on arrears in the amount of 8% above the respective prime rate of the European Central Bank p.a.. If translation agency Linguidoor is able to prove a higher damage caused by delay, translation agency Linguidoor is entitled to claim this. The translation office Linguidoor can assign a collection agency for the assertion. Any additional costs must be borne by the customer. The customer is entitled to prove to the translation agency Linguidoor that no or significantly less damage was incurred as a result of the delay in payment.
5.7 The fee for the translation is based on a word rate or hourly rate applicable at the Translation Agency, unless otherwise agreed. The Translation Agency may charge any costs associated with the execution of the order in addition to the regular payment.
5.8 The prices quoted to the Customer in the offers are net prices exclusive of the applicable statutory value added tax.
6. Acceptance and Warranty
6.1 In the event of warranty claims or other liability claims, the Translation Agency shall be liable in accordance with the statutory provisions.
6.2 If the Client is an entrepreneur, a legal entity under public law or a special fund under public law, the following terms and conditions shall apply in deviation from (1):
(6.2.a) The Translation Agency must be notified of defects in writing. The notified defect shall be specifically described. Obvious defects must be reported within 14 days after the translation has been sent. The timely dispatch of the notification shall be sufficient to preserve the Client’s rights.
(6.2.b) The Translation Agency shall be entitled and obligated to correct notified defects in the translation. The Client may set a reasonable deadline for the Translation Agency to remedy the defect and combine the setting of the deadline with a statement that the Client will refuse to remedy the defect after the deadline expires. After the expiration of the deadline, the Client shall be entitled, at its option, to demand the cancellation of the contract or a reduction of the remuneration.
(6.2.c) There shall be no liability for defects based on a breach of the Customer’s duty to cooperate or caused by faulty, incomplete, terminologically incorrect or poorly legible translation submissions.
(6.2.d) The Translation Agency shall be liable for intent and gross negligence.
(6.2.e) The Translation Agency shall only be liable for ordinary negligence if there is an impairment of material contractual obligations. In this case, the liability of the Translation Agency shall be limited to the amount covered by its pecuniary loss liability insurance (EUR 100,000). Should the insurance not be obligated to pay in part due to an agreed deductible or similar provisions, the Translation Agency shall step in with its own compensation.
(6.2.f) Liability for damages resulting from simple negligence as a consequence of defects in the service provided (consequential damages) is excluded, provided that claims arising from positive breach of contract are asserted.
7.1 The Translation Agency shall be liable in accordance with the statutory provisions. Under no circumstances shall the Translation Agency be liable for other damages such as consequential damages, loss of profit or damages due to delays.
7.2 If the Client is an entrepreneur, a legal entity under public law or a special fund under public law, the provisions of Section 6, Paragraph 2 shall apply accordingly, in deviation from (1).
7.3 The translation agency Linguidoor is not liable for the respective translation being admissible or suitable for the customer’s intended purpose. This applies in particular in the event that the translation is published or used for advertising purposes.
7.4 The client assures the translation agency of indemnity against all claims of third parties derived from the use of the product and thus excludes any liability of the translation agency based on this paragraph.
7.5 The Client similarly agrees to indemnify and hold the Translation Agency harmless against any and all claims by third parties based on alleged infringement of proprietary rights, patent rights, copyrights or other intellectual property rights in connection with the performance of the Agreement.
8. Force Majeure, Termination
8.1 The Translation Agency shall not be liable for any damage caused by force majeure (natural disasters, network failures, computer viruses not detectable by a regular anti-virus scan, traffic disruptions, etc.). In this case, the Translation Agency shall have the right to withdraw from the contract or to demand from the Client a reasonable extension of time for the execution of the order. Claims for damages shall be excluded in this case.
8.2 The Client may terminate the contract until the translation has been completed only for good cause. The termination must be in writing in order to be valid. If the Client terminates the contract, the Translation Agency shall be entitled to demand the agreed remuneration. However, the Translation Agency must take into account any expenses saved as a result of the termination of the contract, or which it acquires or maliciously refrains from acquiring through the use of its labor elsewhere.
9. Retention of Title
9.1 The translation shall remain the property of the Translation Agency until the remuneration has been paid in full.
9.2 The Client shall acquire the right to use the translation upon full payment of the remuneration.
9.3 If the translation is performed for a third party, we reserve the right to notify this third party of the outstanding claim and the resulting illegality of the use of the translation and to possibly demand payment of the outstanding amounts from the third party as well as any expenses incurred by us in connection therewith.
10.1 The Translation Agency holds the copyright to the translation.
10.2 The Client shall indemnify the Translation Agency against any copyright claims that may be made against the Translation Agency on the basis of the translation, including claims made by third parties.
11. Confidentiality and Data Protection
11.1 The Translation Agency undertakes to maintain secrecy regarding the content of the documents to be translated, information material provided to it on the occasion of the order, and all facts that become known to it in connection with the business relationship. Cooperation with employees who are also subject to the obligation of secrecy shall not constitute a breach of this obligation.
11.2 The Translation Agency shall use the data provided by the Client for the purpose of fulfilling and processing the order. The data shall be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the service. For the processing of payments, the payment data may be passed on to the house bank of the Translation Agency and the credit card companies. The data will not be passed on to other third parties or used for advertising purposes. Once the contract has been completed and the purchase price has been paid in full, the data will be blocked for further use and deleted after expiry of the retention periods required by tax and commercial law.
11.4 Translation agency Linguidoor ensures that its employees are informed about the EU-DSGVO-compliant way of working with data through continuous training. In addition, the translation agency maintains confidentiality by employees through contractually regulated penalties.
11.5 The translation agency shall ensure that appropriate technical data processing measures are taken to adequately secure data.
12. Contract language, storage of the contract text
12.1 The contract language is German.
12.2 The text of the contract shall be stored by the Translation Agency, but shall not be accessible to the Client for security reasons. Upon confirmation of the order, the Customer shall receive the text of the contract in text form (e-mail) for information and archiving.
13. Applicable Law, Place of Jurisdiction, Effectiveness
13.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Nuremberg. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or in the EU or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction shall remain unaffected by this.
13.3 The validity of these General Terms and Conditions shall not be affected by the invalidity or ineffectiveness of individual provisions.
14. Consumer information
14.1 The order is concluded with Linguidoor Language Services UG, owner: Rishi Anand, Schulzendorfer Strasse 22, 13347 Berlin, phone +4917634355168, e-mail address: firstname.lastname@example.org, sales tax identification number according to § 27 a Umsatzsteuergesetz: DE318606339
14.2 For consumers, a European complaint procedure via Online Dispute Resolution (OS) is available at http://ec.europa.eu/consumers/odr/.
14.3 The Translation Agency undertakes to comply with the regulations of the translation agency industry.
14.4 The offer of the Translation Agency contains information on how the Client can accept the offer and on the further technical steps for concluding the contract.