General Terms and Conditions
(1) These terms and conditions shall apply to all contracts concluded between the Translator and the Client, if nothing else is expressly agreed on or prescribed by legal requirement. By placing an order the Client accepts these Terms and Conditions for the entire duration of the business relationship. Any deviating stipulations shall be subject to mutual written agreement between the parties.
(2) Client’s general terms are only binding for the Translator, after she has accepted them expressly in writing.
(3) In case the client acts on behalf of a third party, the Translator enters into the contract with the Client only, not with the third party that may be the Client’s end customer. The Client shall fulfil their payment obligations resulting from paragraph 10 of these Terms and Conditions, irrespective of any payments effected by the Client’s end customers or other related companies.
2. Placement of orders
(1) Before placing an order the Translator sends the Client an offer containing all crucial job data, such as delivery type, date of delivery, expected fee or flat fee. This offer will be referred to in these Terms and Conditions as “job offer”. All prices are quoted excluding possible delivery costs and taxes; if such delivery costs or taxes are incurred they are added to the quoted prices.
(2) The order shall be deemed to have been placed firmly only after the Client has accepted the job offer and by accepting the job offer, has also accepted the Terms and Conditions herein in writing (via email or normal mail).
(3) In case the Client provides only a part of a source text when placing the order, the Translator has the right to decline the order if it becomes clear that the full text does not match the job information given by the Client at the time of the placement of the order (this concerns, in particular, the scope and type of text, the level of difficulty etc.) or that there are reasons as mentioned in Paragraph 6 (3). The cancellation of a project does not entitle the Client to any damages.
(4) If the order was placed after the Translator has offered the translation via the Internet, the Client refrains from his possible right of withdrawal, if the Translator has already started working on the translation and has informed the Client about this.
3. Realisation of the translation job and scope of delivery
(1) Placed orders for translations are realised according to reasonable professional standards. The Translator reserves the right to insert comments, footnotes etc. into the target text to ensure better understanding.
(2) The Client receives the final product in the form specified in the job offer. The Client has no right to materials that may be created during the translation process (e.g. translation memories or glossaries), if this was not agreed at the time of the placement of the order.
4. Client’s obligation of cooperation and information
(1) If there are any unclear passages in the source text, the Translator will try to clarify their meaning together with the Client or, if this is not possible, realise the translation in comprehendible form to the best of her knowledge.
(2) The Client shall inform the Translator in writing before the start of the translation about the purpose of the translation (e.g. internal information or print/advertising standard) as well as about special ways of realisation (e.g. translation on data media, translation with specific software or layout, number of copies, printing text level, formatting etc.).
(3) If the translation will be printed directly, the Client shall inform the Translator about this before placing the order and send her a proof copy for review before printing. Names and numbers must be checked by the Client. If he does not check them, the Client shall be responsible for possible mistakes.
(4) The Client must provide information material that might be necessary for the translation at the time of the order placement or shortly after (Client's glossaries, company terminology, images, drawings, tables, explanations of acronyms etc.) If such information material is not provided, the translation will be realized in a conventional and understandable form. The Translator cannot be held liable for mistakes or delays that result from the insufficient or delayed provision of information material or instructions.
(5) The Client is responsible for copyright issues concerning source text and images and ensures that the material may be edited legally. The Client shall indemnify the Translator against possible copyright claims from third parties.
(6) The Client shall confirm the receipt of the ordered translation in writing immediately (via email or normal mail). No delayed delivery claims can be made against the Translator on the basis of a non-confirmation of receipt.
5. Delivery deadline, acts of God
(1) A delivery is only delayed, if a clear deadline for the delivery of a service (day & time) was agreed and the service was not delivered by this agreed deadline. The Translator shall inform the Client immediately, if for some reasons it is not possible to deliver a service at an agreed deadline.
(2) The Translator is not liable for delays in delivery, if the service can not be delivered as agreed due to an act of God or due to reasons that the Translator can not influence (e.g. in cases of illness, power outage, computer virus, problems with sending or receiving email etc.). If the source text provided by the Client is illegible or if it is provided in a different format or at a different time than agreed previously, the Translator will also not be liable for possible delivery delays. In such cases the Translator shall inform the Client immediately.
(3) Both parties shall then try to find a way to fulfil their mutual contractual obligations. A later delivery deadline can only be agreed upon in writing.
(4) In such cases the Translator and the Client have the right to terminate the contract. The cancellation of the contract must be in writing. In case of cancellation, effected partial deliveries and service parts which have already been completed by the translator must be paid for on the basis of the agreed remuneration. In such cases no other rights can be executed. This includes potential damage claims in particular.
6. Data security, confidentiality
(1) The Translator shall treat all information about the Client and the Client’s company, to which she has access in the course of translation, as highly confidential. A special confidentiality agreement can be signed if required.
(2) The translator may, for the purpose of order completion and/or quality assurance (e.g. proofreading, technical consultation) make use of the help of other freelance translators or competent experts. If the help of a third person is necessary, the Translator makes sure that confidential information will also be treated as confidential in accordance with 6 (1) by this additional person and that no other person than the persons who require the information for the purpose of translation and/or quality assurance will get any knowledge about the information.
(3) The Translator shall keep one copy of each translation for documentation purposes, if the Client does not expressly disagree with this when placing the order.
(4) The Translator is entitled to use texts for reference purposes that will become accessible to the public after translation (e.g. as print media or on websites).
(5) The Translator may refuse the translation of texts with criminal or obscene content also after having accepted a Client’s order.
7. Termination of the contract
(1) If the Client cancels an order without being entitled to do so by law or by contractual stipulations, the work done by the Translator until the moment of the receipt of the cancellation must be paid on the basis of the agreed payment conditions.
(2) Partial payments for cancelled, but partially fulfilled tasks shall take into account saved expenses as well as payments that might possibly have been achieved by spending the work time used for the cancelled order onto another client's order.
(3) The cancellation of the contract must be in writing.
(1) The Translator’s liability for financial or physical damage is limited to intent and gross negligence. The Translator shall also be liable for financial and physical damage in cases of slight negligence in the event of breach of essential contractual conditions.
(2) If permitted by legal conditions, the Translator’s liability for insurable financial and physical damage shall be limited to the amount of the agreed remuneration for the respective order. For non-insurable financial and physical damage the Translator’s liability shall be limited to 1000 EUR.
(3) The Translator is not responsible for the correctness of the content of the source texts concerning technical and legal facts. The Translator shall not be liable for translation defects, if she informed the Client before accepting the order, that the delivery deadline set by the Client is too short to ensure a translation according to common professional quality standards.
(4) The Client shall indemnify and hold the Translator harmless from any potential liability claims by third parties (who are not parties in the contract between the Client and the Translator).
(5) The Translator shall not be liable for damage or loss of the translation during transport (via electronic email or physically by normal mail). She uses common updated virus protection software and shall not be liable for any damage caused by computer viruses.
(6) The Translator shall not be liable for the loss of documents caused by fire, water, natural disasters, burglary or theft. The Translator shall also not be liable for possible delivery delays caused by reasons as mentioned in (5) herein.
(7) The translator shall not be liable for damages that result from changes effected in the translation by the Client or third parties. She shall also not be liable in cases mentioned in (4) herein.
9. Correction of defects, warranty claims
(1) Only grammatical, orthographical and content-related errors proven by the Client to be errors are considered translation defects. Stylistic changes requested by the Client are not considered to be defects if the previously delivered translation was correct in terms of content, grammar and orthography. By changing the translation without consulting the translator before, the Client looses all rights to liability claims resulting from possible defects.
(2) The Translator shall not be liable for translation defects that result from illegible, defective or incomplete source texts as well as from incorrect terminology requirements made by the Client.
(3) The Translator shall not be liable for defects, if she informed the Client before accepting the order, that the delivery deadline set by the Client is too short to ensure a translation according to common professional quality standards.
(4) The Client is entitled to claim correction of possible translation defects (except defects mentioned in 9 (1) herein) by the Translator. In order to place a correction claim, the Client must specify all defects in detail and send this information to the Translator within 14 days after receipt of the translation. All claimed defects must be proven and specified in detail in written form. If the Translator does not receive any warranty claim within 14 days after delivery, the translation is deemed free of errors and the Client waives all potential rights to lodge any claim in regard to the translation.
(5) The Translator reserves the right to correct possible defects. The Client shall allow for a reasonable time period for the realisation of such corrections. If the Client does not allow for this time period, the Translator shall be freed from all warranty claims. If the Translator does not correct proven defects within a reasonable time period, refuses to correct proven defects or if the correction did not produce an error-free translation, after consulting the Translator the Client may ask another contractor to do the correction on the expense of the Translator (up to the agreed total price for the respective translation job) or request a reduction in the total price of the translation. The correction shall be deemed to have failed, if after several correction efforts the translation is still not free of verifiable major defects. If the translation contains only negligible defects, the Client is not automatically entitled to request a price reduction.
(6) Warranty claims do not entitle the Client to withhold agreed payments.
10. Payments, calculation of prices
(1) The prices for translations shall be calculated on the basis of the length, complexity and level of difficulty of the source text. The price indicated in the job offer shall be binding for both parties, except if the job offer explicitly says the indicated price is not binding. In such cases the final price calculation is made after the translation shall be made on the basis of the real amount of effort required for the translation task.
(2) The payment shall usually be based on the number of standard lines or words. Fixed prices can be negotiated for certain tasks (and additional tasks such as proofreading or research jobs). The minimum rate is EUR 15. If required by law, VAT will be charged in addition to the indicated translation price.
(3) If the price is calculated on a line basis, one standard line in the source text shall be deemed to include 55 characters (including spaces). If the client provides the source text not as an editable file but only in non-editable format such as scan, PDF, hardcopy, fax copy or hand-written text, the price calculation shall be based on the number of standard lines in the target text.
(4) All translation jobs shall be paid immediately after the acceptance of the translation without any discount or reduction. The deadline for acceptance results from the provisions set forth in 9 (4) herein.
(5) In addition to the agreed payment the Translator can request payment for extraordinary efforts that were necessary in the course of translation, if these extraordinary efforts were negotiated with the Client before (e.g. for extraordinary research tasks). The Translator may request an advance deposit for extensive translation jobs, as long as this advance deposit is essential in completing the task. Under certain circumstances the Translator shall be entitled to hand out the results of her work only after the agreed price has been fully paid.
(6) If no clear price for a translation was agreed, the Translator is entitled to receive a reasonable conventional remuneration considering the type and level of difficulty of the work done. In this case the payment terms specified in the German Justizvergütungs- und -entschädigungsgesetz (JVEG) (German Court Reimbursement Act) shall be considered reasonable and conventional.
11. Retention of title and copyright
(1) The translation shall remain the Translator’s property until it is fully paid. Until full payment for a translation was effected, the Client shall have no right of use to this translation.
(2) The Translator holds the copyright for her translation (§ 3 German Copyright Act UrhG).
(3) The translation or the rights to a translation may not be transferred to any third party without the prior written consent of the Translator. The translated material may not be stored in any database system or be used or processed in any electronic system or online system without the prior written consent of the Translator.
(4) The client must not falsify or change the text content by adding or deleting translated text. According to § 14 UrhG (German Copyright Act) the translated material must not be distorted or otherwise interfered with. If the Client changes a translation afterwards, the Translator can not be held liable for the effects of such changes.
(5) If a translation is published, the name of the Translator and her function as translator of the published text shall be mentioned in a visible manner in the published material. Prior to the final publication a proofing copy must be submitted to the Translator for approval.
(6) If a translation is published on the Internet, the Translator's name must appear on the same website on which the translation is also published. In addition, a link to the Translator’s website with the text “Translated by Katja Hanske” (or “Übersetzung von Katja Hanske“ or also "Przetlumaczone przez Katję Hanske") must be set in a visible manner on the website containing the translation.
12. Applicable law, court of jurisdiction, place of fulfilment, severability
(1) German law shall apply for the translation and all claims relating hereto. The court of jurisdiction and place of fulfilment shall be Cologne, Germany.
(2) Should any of the individual provisions in these Terms and Conditions become invalid, the validity of the remaining provisions shall not be affected. In such a case, the parties shall undertake to replace any provision that has become invalid by a clause whose meaning and effectiveness are as close as possible to the intentions of the original invalid clause.
(3) The severability clause shall be invoked only if no other dispositive law is available as a substitute and where the clause shall only allow for an additional interpretation of the terms.