General terms and conditions of Nadja Gläser - conference interpreter and translator

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1. Scope

a) These General Terms and Conditions apply to all business transactions between Nadja Gläser - conference interpreter and translator ("provider", "translator", "interpreter") and her clients,

unless something else has been expressly agreed or is mandatory by law.

The general terms and conditions are recognized by the client when the order is placed

and apply for the entire duration of the business relationship.

b) For the legal relationship between Nadja Gläser - conference interpreter and translator

and her customers, the following general terms and conditions apply exclusively

in the current version at the time of the order.

Different terms and conditions of the customer will be rejected.

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2. Customer

The customer is exclusively the contractual partner, even if he acts for third parties. 

 

3. Customer's obligation to cooperate and provide information

a) The client must inform the provider in good time, but no later than when the order is placed,

of the special embodiments of the translation (e.g. delivery of the translation on data carriers, number of copies, external form, certification, purpose of the translation).

If the translation is intended for printing, the client must provide the provider with a proof for correction.

b) Information and documents that are necessary for the preparation of the translation

or for the execution of an interpreting assignment, such as the client's glossaries,

possible previous translations on the same topic, previous correspondence, abbreviations,

in particular internal abbreviations of the client, illustrations, drawings, tables, technical descriptions,

documentation, publications, information about the client's business partner, possible internet addresses,

agenda, visiting program etc. must be made available to the provider by the client

without being asked in good time, but no later than when the order is placed.

c) The client must inform the provider in good time, but no later than when the order is placed

and ten days before the event, about the special conditions of the interpreting assignment.

These include: interpreting technology (simultaneous/consecutive or liaison interpreting),

forum in which the interpreting is to be performed (e.g. negotiations, presentations, seminars,

training courses, etc.), subject area (e.g. technology, business, contract law, etc.), target group,

for which interpreting is to be performed (possibly provide a list of participants),

time frame for the interpreting assignment.

The information content includes the agenda, reports etc. as well as the documents

that are to be read out during the event. The interpreter will inform the speaker before the beginning

that an appropriate reading speed must be maintained.

Cinematic translations are only made if a script has been submitted beforehand. 

The activity does not extend to events that are not expressly mentioned in the contract.

Written work is not part of the interpreter's job and must be agreed separately. 

The working time of the interpreter is determined when the assignment is made.

However, it is a maximum of eight hours per day.

d) Errors resulting from non-compliance with this obligation shall be borne by the client.

 

4. Execution of the translation and correction of defects

a) The translation will be carried out carefully according to the principles of proper professional practice. 

b) Deficiencies in the translation due to poorly legible, incorrect or incomplete text templates

or incorrect or incorrect customer-specific terminology are not the responsibility of the translator.

c) If the customer complains about an objectively existing, not insignificant defect in the translation,

the customer is entitled to have the defect contained in the translation rectified by the translator.

The client must assert a claim for the rectification of defects to the translator in writing

and without delay, but no later than two weeks after delivery of the translation,

specifying the defect in detail.

The client must grant the translator a reasonable period of time for the rework.

d) If rectification is not possible or demonstrably unsuccessful, the customer has the right to

a price reduction or withdrawal. Further claims, including claims for damages due to non-performance,

are excluded if the customer is not a consumer.

e) A complaint about the translation by the client for reasons of an editorial-stylistic (taste) nature

can only be made if the client has communicated his special wishes when placing the order. 

f) If the customer is not satisfied with the work, he must submit a written objection within

five working days of receipt of the work, which also describes the reason for the complaint in detail.

If the aforementioned deadline expires without a complaint, the work/document is deemed

to have been accepted and further claims are waived. In the case of hidden defects

(e.g. errors in the interpretation of the template), a period of ten working days applies.

 

The right to rectification or compensation for non-performance expires

at the end of the aforementioned period. 

 

5. Delivery date, delay in delivery

a) Delivery periods and delivery dates are agreed when the order is placed and are binding. 

b) In the event of scheduling difficulties, the translator is obliged to inform the client in good time.

c) The translator is not in default as long as she does not provide the service due to a circumstance

for which she is not responsible or in the event of force majeure. The parties agree that

force majeure also includes technical problems (computer malfunctions, illness, etc.). 

In such cases, the translator is entitled to withdraw from the contract in whole or in part

or to request a reasonable period of grace from the client. Further rights,

in particular claims for damages, are excluded in these cases if the customer is not a consumer.

The translation product is delivered at the risk of the customer. 

d) In cases in which the translator is fully responsible for the delay in delivery and in which

she has exceeded the delivery period for an excessively long time, the client has the right

to withdraw from the contract after giving the translator a reasonable grace period in writing.

Further rights of the customer, in particular claims for damages, are excluded in these cases,

provided the customer is not a consumer.

e) A translation is deemed to have been completed when it can be proven that it has been sent

to the customer (dispatch report, postal receipt, acceptance by the courier).

 

6. Liability

a) In the case of gross negligence and intent, the translator is liable to a reasonable extent 

in accordance with the statutory provisions. Liability for slight negligence, apart from injury to life,

limb or health, only occurs in the event of a breach of essential contractual obligations.

No liability is assumed for the factual content of the translated text.

When editing legal texts, only literal translations are made. No liability is accepted for existence

in other legal systems. The translated texts are not the basis of legal transactions in their translated form, 

but always the original text. 

b) Liability is in any case limited to the value of the relevant order. The customer undertakes to hold 

the translator/interpreter harmless in the event of any legal action and any liability that may arise

from third-party claims. 

c) Recourse liability for claims for damages by third parties is expressly excluded. 

 

7. Duty of Confidentiality

a) Both the translator and the interpreter undertake to treat all information and documents

that they have received from the client in connection with the execution of an order confidentially

and to maintain secrecy about it.

b) This obligation continues after the end of an order and also applies to those

who have already been informed of the relevant facts by other parties.
 

There is no responsibility for confidentiality, loss or damage to documents in transmission,

whether electronic or otherwise. There is also no liability for damage caused by viruses.

 

8. Terms of Payment

a) The services invoiced by Nadja Gläser – conference interpreter and translator are to be paid immediately and without delay after receipt of the invoice to the account specified in the invoice. According to § 286 III BGB, default occurs 30 days after the due date and receipt of the invoice without further reminder.

Bank charges are borne by the client.

All prices include the value-added tax.

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I Translation services:
The prices are calculated per standard line, consisting of 55 characters including spaces. The lines are calculated based on the target language text. Each started line is calculated as a complete line. The counting is done using the standard Microsoft Word counting function. Other types of price calculation, such as price per word, price per character or flat rate are permissible, but require the prior consent of the translator. Prices may vary depending on the difficulty of the text to be translated. This also applies to texts that are sent in a complex file format, such as Microsoft Powerpoint, JPG, Microsoft Excel or PDF, and require appropriate processing by the translator. For translations that have to be completed very quickly or over the weekend, an express (within 3 days) or weekend surcharge applies. For the translation of documents with certification, the price calculation is usually carried out within the framework of the provisions prescribed in the Judicial Remuneration and Compensation Act (JVEG). However, since the documents cannot be edited and the lines cannot be counted, the amount of work must be estimated and a flat rate per document is often calculated. The minimum fee for each order is EUR 30 plus statutory VAT. The completed work remains the property of the translator until full payment has been made (see Section 9).

 

II Interpretation services:
The customer pays the interpreter the fee itemized in the offer plus statutory VAT. The daily rate stated in the offer includes both the thorough preparation of the conference and training documents and the on-site interpreting service at the specified date. The daily rate covers the working hours from 9:30 a.m. to 5:00 p.m. If this working time is exceeded, 80 euros are due for each hour of overtime started.

The fee for sworn interpreting services is generally calculated in accordance with the Judicial Remuneration and Compensation Act (JVEG).

 

III Proofreading and editing

are mainly estimated at an hourly rate, which is determined according to the effort involved. The minimum fee for each order is EUR 35 plus statutory VAT.

 

b) In addition to the agreed fee, the translator and the interpreter are entitled to reimbursement

of the expenses actually incurred in connection with an order. This includes the costs of using

the necessary secondary literature, postage and telecommunications costs, etc.

c) In special cases, the translator can make delivery of the translation dependent on

prior payment of the full fee.

d) If a deposit or partial payment is more than five days overdue, there is the right to stop work

until the overdue payment is made. It is up to the translator/interpreter to resume work

and does not justify any liability claims. 

 

e) Cancellation

I Translation services:

A binding contract is created upon acceptance of the offer. In the event of cancellations after confirmation of the offer but before the start of work, a cancellation fee of 50% of the agreed total fee for the respective order will be due. In the event of short-term cancellations after the start of work, the entire agreed fee is due. 

II Interpretation services:

A binding contract is created upon acceptance of the offer. If a confirmed order is canceled up to 14 calendar days before the event, 50% of the estimated fee is due. If orders are canceled less than 14 days before the start of the assignment, 100% of the fee must be paid. Expenses already made (e.g. for the conference technology) are to be borne in full by the customer in any case.

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f) In the event of the insolvency or liquidation of the client or in the event of a request for protection

from creditors, the interpreter/translator has the right to request a separate agreement.

She/He can also ask to cancel the contract. 

 

9. Reservation of ownership and copyright

a) The translation remains the property of the translator until full payment has been made.

b) The translator retains the copyright to the translation. Without express permission,

there is no right to use the translation until payment has been made. 

c) The interpreter's performance is expressly intended for immediate hearing.

Recording by listeners or other people and transmission to audio media is not permitted

without the prior consent of the interpreter. 

 

10. Governing Law

a) German law applies to the order and all claims arising from it.

The place of jurisdiction is the registered office of the translator or interpreter.

b) The validity of these terms and conditions is not affected by the nullity

and ineffectiveness of their individual provisions.

Should one or more of these provisions be or become invalid,

the validity of the remaining provisions shall not be affected.