General Terms and Conditions
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 Syhré - (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 Invoicing and payment: Unless otherwise agreed upon in writing in advance, all invoices shall be in EURO (€). 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 modalities of
payment need to be 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 total price for a translation project is based on the total
number of words in the source documents provided by the client. In case
of proofreading or other service / work order types (e.g. transcreation, copywriting),
the price is based on the total time actually spent on the project. The price
is quoted by the translator either as a rate per word, a rate per hour or,
in case of small projects, as a fixed minimum rate / flat fee. All rates are net prices which
may be subject to Value Added Tax (VAT) at the rate applicable in Germany or in the country
of the customer/client/recipient of the according service(s) at the time of invoicing pursuant to
section 16 of these General Terms and Conditions. The rates quoted in advance
by the translator shall be considered as binding for both the client and the translator
as soon as the client commissions the translator with the according work order for the
respective translation, transcreation, copywriting, or proofreading project.
16 Value Added Tax ("Umsatzsteuer" / VAT / TVA): The translator will always
state his German VAT ID number in each of his invoices. For business customers,
the invoice will also contain the VAT ID number of the according client / service recipient.
In invoices to private and business customers domiciled in Germany as well as
to private customers domiciled in an EU country, the translator will, in addition
to the net rate(s) agreed upon in accordance with section 15 of these General Terms
and Conditions, state VAT for his services in accordance with the percentage amount
applicable in Germany at the time of invoicing (e.g. 19 %). In invoices to business
customers domiciled in an EU country who, at the time of invoicing, have a valid
VAT ID number for the relevant EU country that can be verified against VIES, the
translator will not state VAT in his invoice in accordance with the reverse charge
procedure, and will accordingly also state the reference "REVERSE CHARGE" and/or add
an according explicit note in his invoice. As a result, the liability to pay VAT is transferred to
the client/recipient of the transnational service(s), i.e. the customer/recipient will owe the VAT
amount due on the net price which is stated in the respective invoice of the translator according to the
percentage amount applicable in the relevant EU country at the time of invoicing, and
he or she must also pay this VAT amount to the tax authorities in his / her country.
In invoices to private and business customers domiciled in a so-called "third country"
outside of the European Union (EU), the translator will also not state VAT in his invoices
as this is considered either as a "non-taxable other service pursuant to section 3a (5) UStG"
(for private customers) or as a "non-taxable other service pursuant to section 3a (2) UStG"
(for business customers). However, also in this case, the client/recipient of my services
in the respective non-EU third country may be liable for paying VAT on the net amount stated
in the respective invoice in accordance with the local VAT laws which are applicable in his / her country
– for example, this currently holds for business customers domiciled in Switzerland. In this case, the
service recipient/client is responsible and liable to check whether he or she owes VAT in his country
on the net amount stated in the according invoice and - if applicable - also for paying it to the tax authorities
in his or her country based on the current local VAT laws. These regulations and obligations are automatically
part of each work order and invoice, and the client/recipient of my services automatically acknowledges
them by placing the respective order and paying my according invoice.
17 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.
18 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.
19 The Client indemnifies the Translator against claims of third
parties.
20 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.
21 The Translator is not liable for losses of profit and turnover
ensuing from his possible defaults suffered by the Client.
22 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.
23 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.
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