General Terms and Conditions of Business.

1. Scope of validity
These General Terms and Conditions of Business (AGB) shall apply to all the business transactions between the translator and the customer (client). The General Terms and Conditions of Business shall be accepted by the client upon placing the order. They shall apply to the entire business relationship, i.e. also to future orders.

2. Deviating agreements
Any deviations, alterations or subsidiary agreements shall require written confirmation by the translator. This shall likewise apply to any General Terms and Conditions of Business of the client.

3. Placing the order, obligations on the part of the client to co-operate
(1) The order may be placed by the client by e-mail, fax or post. Any shortcomings in the execution of the work or delays which may arise from the order being placed in an unclear, incorrect or incomplete manner shall be the client's responsibility. The contractual relationship shall only materialise once the translator confirms acceptance of the order by means of an order confirmation making individual reference to the client's respective order, sent by e-mail, fax or post.
(2) When placing the order for the preparation of the translation, the client shall be required to state the target language, field of speciality and purpose of the text, any special requests regarding terminology and any special requests regarding the form in which the translation is produced (external appearance of the translation, number of copies, whether it is to be prepared ready for publication or is a draft, whether it is to be stored on any particular storage media, and similar matters). Should the translation be intended for publication, the client shall be required to forward the translator a copy for the purposes of correction in good time prior to preparing the printed version. Names and numbers are to be checked by the client.
(3) Any accompanying information and documentation (any illustrations, drawings, tables, abbreviations, internal terms, etc.) necessary in order to prepare the translation is to be forwarded to the translator by the client, without the necessity of a reminder. Should the information provided not be adequate, the translator may request the client to forward further information which is specific to the topic in hand. Should the source text provided by the client contain abbreviations which are not generally known, the client shall, upon placing the order for the preparation of the translation, be required to forward the translator a list containing the meanings of these abbreviations written out in full.
(4) The client guarantees to the translator that it, he or she possesses the copyright in the source text forwarded for preparation of the translation, and the client hereby grants the translator the right to translate the source text.
(5) Any errors or delays which may arise from non-adherence to the client's obligations to co-operate shall be borne by the client.

4. Execution of the order, delivery deadlines
(1) The translation will be prepared completely, in accordance with the grammatical rules and conform to the meaning of the text and the intended purpose of the translation, to the best of the translator's knowledge and belief, for informational purposes. Should any accompanying information or any special instructions not have been forwarded by the client, specialised expressions shall be translated in a form that is generally usual and generally understandable. A stylistic revision shall not form part of the subject of the translation services. The client shall receive the translation in the agreed form.
(2) In the case of words with several meanings, should the meaning of a word only emerge from the context, any translation errors shall be the responsibility of the client if he or she has not provided the translator with the necessary accompanying material to prepare the translation.
(3) The translator may make use of third parties to carry out the order.
(4) Delivery deadlines are stated to the best of the translator's knowledge and belief and can always only be anticipated deadlines, of which no binding assurance is given.
(5) The translation will be sent, in accordance with the client's wishes, by e-mail, fax or post. The translator shall not be liable for any damages which may arise during transport.

5. Remuneration
(1) The translator's invoices are due and shall be payable without any deduction within 14 days of the invoice date.
(2) All prices are understood to be net prices, to which the statutory VAT will be added.
(3) Besides the agreed fee, the translator shall have a claim to reimbursement of the actual expenses accrued and agreed with the client. In all cases, the VAT, in so far as statutorily prescribed, shall be charged in addition. In the case of translations of substantial volume, the translator may require an appropriate advance payment. The translator may agree with the client in writing in advance that delivery of the work is dependent upon prior payment of the full fee.
(4) Should the amount of the fee not be agreed, the appropriate and usual remuneration shall be owed, taking into account the nature and difficulty of the text. This shall not be less than the respective applicable rates of the Judicial Remuneration and Allowances Act (JRAA).

6. Warranty
(1) The client shall be required to check the translation delivered.
(2) In commercial business transactions, any notice of defects shall only be taken into consideration if such defects are notified to the translator, in the case of obvious defects immediately after delivery of the translation and, in the case of hidden defects, immediately after their discovery. The defect notified is to be specified. Should the client fail to notify the defect, the translation shall be deemed to have been approved.
(3) In the case of non-commercial transactions, defects are to be notified in writing, specifically pointing out the defect, and, in the case of any obvious defects, they will be remedied within a period of 14 days of delivery of the translation.
(4) In the event of any defects notified in accordance with Clause 2 or Clause 3, the translator shall be entitled to subsequently improve the translation. Should this fail, the client may set a reasonable deadline for the translator to remedy the defect, and state, in connection with setting the deadline, that it will refuse to accept the remedying of the defect after the expiry of the deadline. Following expiry of the deadline, the client shall, at its option, be entitled to reduce the remuneration or rescind the contract.
(5) No liability shall exist in regard to any defects which are based on the infringement of obligations to co-operate or have been caused by erroneous, incomplete, terminologically wrong or scarcely legible source texts.

7. Liability
(1) The translator's liability shall be limited to intent and gross negligence, also on the part of his or her representatives and assistants, in so far as it is not an infringement of any significant contractual obligations or injury to life, the body or the health which is concerned.
(2) The liability of the translator and his or her representatives or assistants for the infringement of a significant contractual obligation shall be limited to typical and foreseeable damages.
(3) Furthermore, liability towards companies for grossly negligent infringement of obligations shall also be limited to typical and foreseeable damages.
(4) Should the client be a trader, in so far as no fraudulent intent exists its claims against the translator due to any defects in the translation shall be statute-barred within one year of accepting the translation.
(5) Liability due to culpable injury to life, the body and the health shall remain unaffected by the foregoing provisions.

8. Acts of God
The translator shall not be liable for any losses which are attributable to Acts of God (natural disasters, power cuts, Internet failures, computer viruses which cannot be found through a regular anti-virus scan, etc.). In this case the translator shall have the right to require the client to agree to a reasonable extension of time to carry out the order, or, in the event of the occurrences which substantiate the Act of God not only being of a temporary nature, to withdraw from the contract. Any claims for compensation for damage shall in this case be excluded.

9. Reservation of ownership, right of use
(1) Until full payment of the remuneration, the translation shall remain in the ownership of the translator.
(2) Upon full payment of the remuneration, the client shall acquire a fundamental right of use in the translation.

10. Copyright
(1) The translator executing the translation is the owner of the copyright in the translation.
(2) The client shall free and relieve the translator from any claims which may be made against the translator under copyright law - also by third parties - based on the translation.

11. Data protection, confidentiality
(1) The client agrees that its, his or her data will be stored for the purpose of executing the order, in accordance with the statutory provisions concerning data protection.
(2) The translator undertakes to keep the contents of the documents to be translated, the information provided to him or her in connection with the order and all data which has become known to him or her in connection with the business relationship confidential. Co-operation with any employees, representatives or assistants who are likewise subject to the confidentiality obligation shall not constitute an infringement of this obligation. No confidentiality obligation shall exist in so far as the data in question is generally known or the translator is obliged to disclose it due to any statutory provisions, or official or judicial decrees.

12. Applicable law, place of jurisdiction, amendments, legal validity
(1) The law of the Federal Republic of Germany shall apply to the contractual relationship, as well as to any rights and obligations arising herefrom.
(2) In so far as the client is a trader, the translator's place of business shall be the place of fulfilment and place of jurisdiction. The translator shall, however, also be entitled to sue the client at the latter’s general place of jurisdiction.
(3) Any amendments to these General Terms and Conditions of Business shall be made known to the client upon a new order being placed.
(4) The legal validity of these General Terms and Conditions of Business shall not be affected by the invalidity or nullity of any individual provisions.

Note: The English version is provided for convenience. In the event of any differences of opinion regarding interpretation, the German version shall be decisive.