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In submitting a text for translation,
any individual or corporate body (hereinafter referred to as "Client")
enters, as the case may be, into a binding agreement with - Steffen
Schulze - (hereinafter referred to as the "Translator"), said agreement
being covered by the following terms and conditions:
1.1 Source documents to be translated.
1.2 Intended use and purpose of the translation. The translator shall
be informed of any changes regarding use and purpose.
1.3 Word count and file format of the source document(s).
1.4 Deadline for the translation.
1.5 Structure and names of desired target files.
1.6 If possible, dictionaries, glossaries or other sources of
information owned by the Client and required by the Translator for
ensuring consistent use of terminology and for other purposes regarding
the work order.
1.7 Contact person for enquiries.
1.8 Details of submission and delivery of documents.
2 Further information may be required in the process of translation and
it shall be provided by the Client upon request of the Translator.
3 A free and non-binding estimate is given as soon as possible upon
receipt of these details, if requested by the Client. Otherwise a
binding quotation is given by the Translator based on the provided
information and subject to the correctness of the provided information.
The quotation given by the Translator shall only be binding, if the
source documents have been submitted by the Client for review prior to
giving the quotation.
4 Any submitted documents for translation will be regarded as being in
their final version. Any amendments and/or changes to work already
started or completed may be subject to additional fees and are not
included in the given quotation and/or estimate.
5 The Translator is committed to translating texts with the greatest
care, without reducing or adding, omitting or modifying anything in the
original text. However, in translations, minimum inaccuracies of
language or insignificant imperfections remain inevitable.
6 Services: The services provided by the translator include the
complete rendering of the submitted documents from the source language
to target language, including all translatable text. Layouting and
formatting may be subject to additional fees. Proofreading is provided
by the translator, as well, upon request.
7 Payment: Payment is due 30 days from date of the invoice. Delayed
payment will be subject to interest rates commonly applied in this case
in the Translator's place of residence. The money shall be transferred
to a bank account given by the Translator. Any banking fees applicable
in this case shall be taken care of by the Client. Other ways of
payment are acceptable, if agreed upon in writing in advance.
8 Any agreement between the Client and the Translator regarding the
work order, including but not limited to deadline, terms of payment,
special requests by the Client, agreed upon by e-mail shall be
considered binding.
9 The Translator reserves the right to sub-contract all or part of the
documents to a contractor of his choice to meet Client's requirements,
unless expressly stipulated otherwise by the Client, and Client shall
pay any reasonable additional charges incurred by the Translator as a
result.
10 Confidentiality: All documents and information submitted to the
Translator by the Client shall be treated as confidential and shall not
be disclosed to third parties. For the purpose of terminology research,
parts of the submitted documents may be quoted by the Translator,
unless otherwise stated by the Client. Sub-contractors employed by the
Translator shall be bound by this paragraph, as well.
11 Force Majeure: In the event of a Force Majeure, the Translator shall
notify Client without delay, indicating the circumstances. Force
Majeure shall entitle both the Translator and Client to withdraw from
the commission, but in any event, Client undertakes to pay the
Translator for work already completed. The Translator will assist
Client to the best of his ability to place his commission
elsewhere. Force Majeure shall be Strike, Lockout, Industrial
Dispute, Civil Commotion, Natural Disaster, Acts of War, computer
failure, and any other situation which can be shown to have materially
affected the Translator's ability to deal with the commission as
agreed.
12 Complaints and Disputes: Any complaint in connection with work
carried out shall be made by the Client to the Translator within two
weeks of date of delivery of the translation. The Translator shall be
given the opportunity to make good any defects deemed justified in work
provided by the Translator. After this period of two weeks, the
translated documents will entirely be considered accepted.
13 Copyright in all work provided by the Translator remains with the
Translator unless specifically agreed otherwise in writing. The
Translator asserts all moral rights relating to copyright.
14 Delivery: The submission of the translated documents by the
Translator shall be subject to the stated requirements of the Client.
If possible, all documents shall be submitted by e-mail or FTP. The
Translator will do everything to meet the Client's demands regarding
method of delivery, but may deviate from the stated requirements, if
necessary (e.g. for meeting the deadline).
15 Rates: The rate is based on the word count of the documents in
source language. The rate is quoted per 1000 words. In the case of
proofreading the service fees are charged as an hourly rate that has to
be agreed on in writing prior to commision. A detailed price list is
available upon request. This price list in its current version shall be
considered part of these Terms&Conditions and is accepted entirely
by the Client when commissioning a translation to the Translator.
16 The Translator is obliged to execute the order to the best of his
knowledge and ability. He shall take into consideration any indications
given by the Client (for instance use of certain terminology in a text
that is to be translated), insofar as he considers this sensible.
17 The Translator's liability for damages in case of failure suffered
by the Client is, if any, even if this failure also implies a tort,
restricted to the damage that is provable and a direct result of that
failure, with the principal sum of the order as a maximum. Each
order assigned will automatically be governed by European (German) law
unless otherwise agreed in writing.
18 The Client indemnifies the Translator against claims of third parties.
19 Ambiguity of texts that are to be translated exonerates the
Translator of any liability. Nor is he liable for damage that the buyer
of oral or written translation work suffers as a result of errors,
defaults, wrong use of idioms or other mistakes, unless he can be
seriously blamed.
20 The Translator is not liable for losses of profit and turnover
ensuing from his possible defaults suffered by the Client.
21 The Translator shall treat materials entrusted to him (written
documents, etc.) with the greatest possible care. However, he shall
never be liable for damage arising from loss, destruction or damage,
except in case of intent or gross negligence. In cases when he has to
work with costly or unreplaceable uniques, the Client must therefore
see to an insurance.
22 Unless specifically agreed otherwise in writing, any disputes shall
be settled according to the law and in the courts of the Translator's
place of residence. Each order assigned and executed by translator will
automatically be governed by European (German) law unless otherwise
agreed in writing.
© 2010 Steffen Schulze.
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