General Terms and Conditions for Translators
1. Scope of application
The following terms and conditions shall apply to contracts concluded between translators and their clients, unless specifically agreed otherwise or mandatorily prescribed by law.
General terms and conditions of the client shall be binding on the translator only if they are specifically acknowledged by the translator.
2. Scope of the translation order
The translation shall be produced carefully in accordance with the principles of correct professional practice. The original of the translation shall be made available to the client as contractually agreed.
3. Client’s obligation to cooperate and inform
The client shall inform the translator in good time about any particular translation specifications (translation on data media, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended to be printed, the client shall provide the translator with a proof.
The client shall, without being requested to do so and in timely manner, provide the translator with information and documents necessary for the production of the translation (client glossaries, illustrations, drawings, tables, abbreviations, etc.).
The translator shall not be held responsible for any errors resulting from the failure to observe these obligations.
4. Rectification of errors
The translator shall reserve the right to rectify errors. The client shall be entitled to claim the rectification of possible errors in the translation; such claim must be asserted by the client with an exact indication of the errors in question. If the rectification proves to be unsuccessful or a replacement translation is not supplied the statutory warranty rights shall come into effect again unless a different agreement is reached.
The translator shall be liable for gross negligence and intent. The translator shall be liable for slight negligence only in the case of violation of material contractual obligations.
6. Professional secrecy
The translator undertakes to maintain secrecy concerning all facts of which he or she may become aware in the course of his or her activity for the client.
Remuneration shall be due immediately after acceptance of the completed translation. The acceptance period must be appropriate.
In addition to the agreed fee the translator shall be entitled to the reimbursement of the expenses actually incurred and agreed with the client. With contracts with private clients, value added tax shall be included in the final price and shown separately. In all other cases it shall be additionally calculated where required by statutory provisions. With large translation orders the translator may demand the advance payment objectively considered necessary for the production of the translation. In justified cases the translator may make the submission of his or her work contingent upon the prior payment of his or her full fee.
If the amount of the fee has not been agreed, an appropriate and customary remuneration based upon the type and level of difficulty of the translation shall be paid. At least the rates specified in the Act on the Compensation of Witnesses and Expert Witnesses shall be deemed appropriate and customary.
8. Reservation of proprietary rights and copyright
The translation shall remain the property of the translator until payment has been effected in full. Until such time the client shall not be entitled to make use of the translation.
The translator shall retain his or her copyright.
9. Applicable law
German law shall apply to the translation order and any claims resulting therefrom.
The effectiveness of these Terms and Conditions shall not be affected by the invalidity and ineffectiveness of individual provisions.