Marketing-translator

Peter Gennet - Translator and Copywriter for German Speaking Markets

terms and conditions

1. Area of application
(1) Unless otherwise expressively agreed or legally mandatory, these terms and conditions shall apply to agreements between the translator Peter Gennet and his client. 
(2) The client's general terms and conditions are not binding for the translator, unless he has explicitly agreed to this beforehand in writing.

2. Scope of the translation order
The translation shall be performed in accordance with the principles of due diligence. It will be delivered to the client in the contractually agreed form.

3. Cooperation and information to be supplied by the client
(1) The client shall undertake to inform the translator in due time about the required forms of the translation (purpose, translation on data media, number of copies, ready for printing, outer form of the translation etc.). In case the translation is meant to be printed the client must provide the translator with a proof well in time prior to printing, thus enabling the translator to correct any errors. Names and figures are to be proof-read by the client.
(2) When placing the order the client shall be obligated to provide the translator with all information and documents required to carry out the translation (client glossaries, illustrations, drawings, tables, abbreviations, in-house terms etc.).
(3) The translator shall not be held responsible for any errors or delays incurred by the faulty or delayed supply of information and instructions. 
(4) The client assumes the liability for the rights regarding the text and ensures that nothing speaks against a translation thereof. The client releases the translator from any third party claims. 

4. Rights of the client in case of errors
(1) The translator shall reserve the right to rectify any errors. For the time being, the client shall only be entitled to rectification of any possible errors contained in the translation.
(2) The client's right to rectification of errors must be asserted in writing with exact details of the error(s).
(3) In the event the translator does not rectify the errors within an adequate period of time, or refuses to do so, or if the rectification of errors is deemed to have failed, the client shall be entitled to have the errors rectified by another translator, following consultation with the assigned translator and at his expense. 
Alternatively, the client can request a reduction of the remuneration or cancellation of the order. The rectification of errors is deemed to have failed if the translation still contains errors even after several attempts to rectify.

5. Liability
(1) The translator shall be held liable in the event of gross negligence and wilfulness. Damages incurred by computer failure and malfunctions when transmitting e-mails, or damages caused by viruses are not considered gross negligence. The translator shall take the necessary precautions by means of anti-virus programmes. Liability in cases of slight negligence shall apply exclusively if they involve an infringement of a major obligation.
(2) The client's claim for damages against the translator is limited to claim for damages is, however, limited to an amount of the value of the Supplies; in the individual case a higher claim for damages can be agreed explicitly.
(3) The exclusion or limitation of the liability according to item 5 (1) and (2) shall not apply to damages incurred by a consumer from the injury to his/her life, body or health.
(4) The client's claims against the translator for errors in the translation (§ 634a BGB (Civil Code)) are subject to a limitation period of one year from the date of acceptance of the translation, except in the event of malice.
(5) Contrary to § 634a BGB the liability for consequential harm caused by a defect is limited to the legal limitation period. § 202 (1) BGB shall not be affected. 

6. Professional secrecy
The translator shall undertake to maintain secret any facts that have come to his/her knowledge in connection with his/her activities for the client. 

7. Cooperation of third parties
(1) The translator shall be entitled to consult qualified third parties or have the translation carried out by a cooperating free-lancer of his choice. 
(2) In the event a qualified third party is consulted, the translator must bind this person to secrecy according to item 6.

8. Remuneration
(1) The translator's invoices are due for payment in full within14 days after the date of invoice.
(2) The prices are net prices. The legally applicable VAT will be charged in addition.
(3) In addition to the agreed remuneration the translator shall be entitled to reimbursement of any expenses actually incurred and agreed upon beforehand with the client. In every case, VAT will be charged in addition wherever required by law. In case of extensive translation orders the translator shall be entitled to request an adequate advance payment. Prior to commencing his work, the translator can agree in 
writing with the client that the delivery of this work is subject to the full payment of his remuneration.
(4) If no agreement has been made as to the amount of the remuneration, the client shall owe a remuneration that is deemed appropriate and usual for the type and degree of difficulty of the translation order. This fee will not go below the respective rates applicable in accordance with the "Justizvergütungs- und -entschädigungsgesetz" (JVEG) (law on the remuneration of witnesses and experts).

9. Retention of title and copyright
(1) The translation remains the property of the translator until payment is made in full. The client shall not have the right to use the translation until then.
(2) The translator will retain the copyright to the translation.

10. Right of rescission
In the event that the placing of a translation order is based on the fact that the translator offers his services in the Internet, the client shall waive his possibly existing right of revocation if the translator has already started the work and has informed the clientthereof. 

11. Applicable law
(1) German law shall be applicable for each translation order and all ensuing claims in connection therewith.
(2) Place of performance is the residence of the translator or his business seat.
(3) Place of jurisdiction is the place of performance.
(4) Contractual language is German.

12. Severability Clause
The validity of these terms and conditions as a whole shall not be affected by the invalidity and ineffectiveness of individual clauses. The invalid clause is to be replaced by a valid one, corresponding as near as possible to the economic result and/or the intended purpose of the invalid clause.

13. Changes and Amendments
Changes and amendments of these terms and conditions are not valid unless made in writing. This also applies to the change of the legal requirement of writing itself.