- Applicability and Validity of Terms of Sales
If nothing else is mentioned on the order form, these general terms are valid for all present and future translation jobs contracted between Anne-Sophie Seidler (the “Translator”) and her Client for the whole duration of the business contract. All orders placed imply the Client’s full acceptance of these Terms of Sale.
- Quotes & Orders
(1) The Translator is free to offer her translation services and a translation request doesn’t mean that the translation job is accepted by the Translator. The Translator is free to decline a translation request.
(2) To be considered as placed, an order (oral or written) must be confirmed by the Client in writing in electronic form or other form.
(3) The Client agrees to consider fax, e-mails, copies and computer files as equivalent to the original and valid proof that the order was confirmed.
- Client’s Obligations & Rights
(1) The Client shall provide the Translator with all the texts to be translated and all of the technical information required to understand the text and any information that could help translate the documents (terminology, internal glossaries, internal documents related to the subject, previous translations, abbreviations, etc.).
(2) The Translator shall not be held liable for any inconsistencies or ambiguities in the source text, the verification of the final text’s technical coherence remaining the Client’s sole responsibility. If the Client fails to inform the Translator, the Translator shall not be held liable if the translation does not conform to the Client’s standards or if delivery is late.
(3) Before undertaking to have a document translated, the Client must ensure that this does not infringe on any third-party rights. Therefore, the Client must be the author of the original document or have obtained written permission to have the document translated from the party holding the copyrights to the document. If these conditions have not been ensured by the Client, under no circumstances shall the Translator be held liable if all or a portion of the documents to be translated were to infringe on the rights of a third party or violate any applicable regulations. If this were to occur, the Client shall be held solely liable for any harm or financial consequences resulting from the Client’s negligence.
(4) In the event of disagreements concerning objective aspects of the translation, the Client has 10 days from the time the translated/proofread documents are received to inform the Translator (in writing with specific mention of the elements to be corrected). Once this period has expired, the service shall be considered duly completed and no claims may be made. In the event of a claim, the Client agrees to grant the Translator a reasonable timeframe to make the corrections.
- Intellectual Property
(1) The Client acknowledges that the translation is a new document, whose copyright is held jointly by the author of the original document and the Translator.
(2) As a result, for literary or artistic translation, and without harm to the Translator’s rights to the work, the Translator’s name shall be mentioned on any copies or publications of the translation.
(1) The Translator shall be held liable only in the event of gross negligence and willful misconduct. Gross negligence does not apply to harm caused by IT problems or issues with data transfer (during transmission via email or infection by a computer virus). The Translator uses a regularly updated antivirus. The Translator shall be held liable in the event of serious breaches of her contractual obligations.
(2) In the event of a violation of the intellectual property or harm caused to a third party due to a non-authorized translation, the Client shall be held solely liable.
(3) The Translator shall not be held liable for translation mistakes if they are due to a lack of information, wrong, incomplete, or delayed documents/information submitted by the Client, or if the original text contains errors, is illisible or incomplete.
(4) The liability of the Translator on any grounds whatsoever shall be limited to the
invoiced value of the work.
(5) The Translator shall not be held liable in the event of a damage or loss of the documents submitted by the Client. It is the Client’s responsibility to make sure that his documents/data are secured.
(1) The Translator agrees to preserve the confidentiality of information the Translator becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request.
(2) The Translator shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform the Translator before the provision of services or at the time the order is placed of the means of transmission the Client would like the Translator to use to ensure the confidentiality of any sensitive information.
(1) Unless otherwise mentioned on the quote, payment in full to the Translator shall be made no later than 30 days from the date of invoice.
(2) The rates on the invoice are net and total. According to the German legislation, no VAT is added for these kinds of services.
(3) For bigger or long-term contracts, the Translator reserves the right to require an advance payment for a portion of the translation.