ARTICLE 1: DEFINITIONS

The following definitions apply in connection with these General Terms and Conditions of Sale (GTC):

Berlin Translate: berlin-translate.de

Customer: the legal entity acting in the exercise of a professional or company, or the natural person qualified as a consumer, who enters into a contract with Berlin Translate for the provision of translations, interpreters, telephone interpreters, voice recordings, subtitles and transcriptions of audio files.

Service(s) / provision(s): the translation, interpreting, telephone interpreting, dubbing (voice-over), subtitling and transcription of audio files proposed to the client by Berlin Translate as part of an offer or an agreement concluded between Berlin Translate and the client.

Contract: the contract concluded between Berlin Translate and the client, the subject of which is the provision of translation, interpreting, telephone interpreting, voice-over, dubbing, subtitling and transcription of audio files by Berlin Translate at a price to be paid by the client.

ARTICLE 2: AREA OF APPLICATION

These terms and conditions form the sole basis of the relationship between the parties. They can be viewed on the Berlin Translate website: https://www.berlin-translate.de

Their purpose is to define the conditions under which Berlin Translate will provide the client, upon request via the Berlin Translate website by e-mail or paper, with the services of providing translations, interpreters, telephone interpreters, voice recordings, subtitles and transcriptions of audio files.

The customer declares that they have read and accepted these terms and conditions before the ordering procedure is carried out. They also acknowledge that they have the necessary capital to use and purchase the services offered by Berlin Translate.

These general terms and conditions apply in their entirety under the conditions set out in Article 19 and in particular, without restriction or reservation, to all services provided by Berlin Translate to customers, irrespective of any clauses that may appear on the customer’s documents, in particular the general terms and conditions.

Should one or more provisions of these general terms and conditions be invalid, the remaining provisions shall remain in force. It is further stated that these general terms and conditions may be amended at any time in the future. In such a case, Berlin Translate will inform the customer in writing at least one month before the change comes into effect. If the customer does not object within two weeks of the written notification being sent, the change that has come into effect is deemed to have been accepted.

ARTICLE 3: ORDERS AND CONCLUSION OF CONTRACTS

Oral and written offers from Berlin Translate are not binding. Quotations are understood to be in particular attachments such as price lists, brochures and other information relating to the services offered by Berlin Translate, which are brought to the attention of the customer in writing or orally.

The customer selects the services that they wish to order. It is stipulated that the selection and purchase of a service is the sole responsibility of the customer. It is therefore the customer’s responsibility to verify the accuracy of the order before sending it to Berlin Translate in writing by e-mail, fax or post.

The sale of services is only complete within the meaning of Article 1583 of the Civil Code if a quotation has been drawn up and the customer expressly accepts it by placing an order and paying the deposit, requested by Berlin Translate for the customer to confirm the order. The deposit requested of the customer can in no case be qualified as a deposit.

The quotation is valid for 30 calendar days unless otherwise stated in the offer. In accordance with the conditions set out in Article 17 of this article, the estimate shall specify the amount of the deposit to be paid by the customer, the completion time and the delivery conditions. It is expressly stated that if the customer has not confirmed the order in accordance with the terms of Berlin Translate’s quotation, the customer may not demand any of the services that are the subject of the quotation from Berlin Translate. In addition, if the quotation is not confirmed by the Client within 48 hours of being issued by Berlin Translate, the quotation may require an adjustment in terms of the deadline for the completion of the service, without the change to the deadline resulting in the payment of compensation by Berlin Translate.

ARTICLE 4 – CONDITIONS FOR REIMBURSEMENT OF THE DEPOSIT PAID AT THE TIME OF ORDER CONFIRMATION

Any order confirmed by the customer in the forms and conditions expressly provided for in Article 3 shall result in full payment of the services under the conditions provided for in Article 5, without the customer being able to withdraw or cancel their order and, in particular, to request reimbursement of the deposit paid when the order was confirmed.

Should Berlin Translate be unable to provide the services in accordance with the quotation provided and accepted by the customer after confirmation of the order by the customer in the terms and conditions expressly provided for in Article 3, Berlin Translate:

Firstly, a new estimate shall be submitted to the customer, which the customer may accept or reject; secondly, and only in the event of the customer’s refusal to accept the new estimate, the deposit paid by the customer will be immediately refunded, without the customer being able to claim any additional compensation.

ARTICLE 5 – PRICES

Services are provided at Berlin Translate’s rates in force on the day the order is placed, in accordance with the quotation previously drawn up by Berlin Translate and accepted by the Client under the conditions set out in Article 3 of this contract. Prices are expressed in euros and include VAT for private individuals; for professional clients they are exclusive of VAT. An invoice will be issued by Berlin Translate and sent to the customer when the services ordered are provided. Berlin Translate reserves the right to change the agreed prices at any time before the contract is concluded. The agreed prices may also be changed at any time during the execution of the contract if the customer changes the order placed. Until the contract has been completed in full, Berlin Translate reserves the right to increase the agreed prices by the costs arising from the actions of the authorities.

ARTICLE 6 – CONDITIONS FOR THE INVOICING OF SERVICES

In accordance with Articles 3 and 5, the price of the services shall be determined on the basis of a quotation payable in advance, unless otherwise agreed. An advance payment on the total price of the services will be requested upon confirmation of the order and the balance will be due before the commencement of the services. Unless otherwise agreed, the customer must have paid the full price of the services prior to the commencement of the provision of the services and no later than on the date scheduled for the provision of said services. In the event that the services are not fully paid for on the day they are provided, the deposit shall be deemed to have been definitively acquired by Berlin Translate. Furthermore, Berlin Translate reserves the right not to provide the services and to demand full payment for the services by legal action.

Any delay in payment will automatically result in the application of penalties for late payment equal to three times the legal interest rate and a flat-rate compensation for recovery costs of 40 euros (Articles L.441-6 and D.441-5 of the French Commercial Code). If the recovery costs incurred are higher than the amount of this flat-rate compensation, ALPHATRAD may request additional compensation in justified cases (art. 441-6, paragraph 12 of the French Commercial Code).

ARTICLE 7 – PERFORMANCE OF THE CONTRACT

All orders are accepted and carried out exclusively by Berlin Translate, even if there is an explicit or implicit intention that an order should be carried out by a specific person within Berlin Translate. Once the contract has been concluded, Berlin Translate will carry out the translation work in accordance with the specifications contractually agreed with the customer.

The customer is obliged to do or have done everything that is reasonably necessary and desirable for the timely and proper fulfilment of the contract.

This also means that Berlin Translate’s requests for additional information for the proper fulfilment of the contract will be complied with.

Berlin Translate is entitled to have work carried out by third parties for the proper fulfilment of the contract.

ARTICLE 8 – AMENDMENTS TO THE TREATY AND ADDITIONAL WORK REQUIRED BY THE CUSTOMER

Additional agreements or subsequent changes as well as verbal concessions made by Berlin Translate’s staff are only binding on the latter if they have been confirmed by Berlin Translate in writing by e-mail, fax or post. Similarly, changes to the order by the customer can only be taken into account by Berlin Translate within the scope of its possibilities. If Berlin Translate takes the changes requested by the customer into account, this will result in the preparation of a new quotation and an adjustment of the price. In such a situation, the customer shall be bound by the adjusted price. It is expressly pointed out that Berlin Translate will not be able to carry out the changes requested by the customer, depending on the progress of the work or in the event that it is impossible to comply with the changes requested by the customer after the contract has been concluded.

In this case Berlin Translate has the right to terminate the contract without any obligation to pay any compensation to the customer.

In such a case, the deposit paid by the customer remains the property of Berlin Translate, which may also charge the customer a pro rata amount for the number of words already translated.

ARTICLE 9 – ARRANGEMENTS FOR THE PROVISION OF SERVICES

a. Mediation of technical glossaries specific to the interpreter’s field of work

The customer is expressly informed that the interpreters made available to them in the context of the provision of services are not technicians who master the specific vocabulary required in the field(s) of activity in which the interpreting service is requested.

Therefore, Berlin Translate does not guarantee the technical and industry-specific vocabulary or the internal language in the context of the provision of the services.

In this context, the customer shall spontaneously provide Berlin Translate with all documents necessary for efficient service provision at least eight (8) days prior to the commencement of service provision. This necessary documentation includes in particular the technical glossary and specific vocabulary used in the field of expertise affected by the provision of the Services.

If the customer does not provide a glossary at least 8 days before the beginning of the provision of services, it is common practice for the interpreter to use standardised technical terms without being bound by this.

b. Costs related to the provision of services

Unless otherwise agreed, all costs for the journey to the place of performance shall be borne by the client and shall be re-invoiced at cost price (flight, train, taxi, accommodation, meals etc.).

The customer undertakes to pay these upon receipt against presentation of the receipts.

c. Schedules for the provision of services

Lunch or dinner times, where these times are included in the schedules for the provision of services, are included in the actual schedules for the provision of services.

In particular, if an interpreter is brought to lunch or dinner with the Customer within the framework of the provision of the services, this lunch or dinner time shall be considered the effective schedule for the provision of the services. Upon request, the Customer shall sign the interpreter’s attendance list.

d. Insurance of the customer for the risks connected with the provision of the services

The customer declares that he is insured against the risks associated with the execution of the services.

In particular, this insurance in favour of the interpreter must cover the risks of accidents at the place of assignment and, throughout the duration of the assignment, damage to his physical integrity, civil liability, etc.

e. damage to or loss of the interpreting equipment provided to the client

If interpreting equipment (such as booths, microphones, headphones, etc.) is made available to the customer, the customer shall remain fully responsible for it from the time of delivery until collection. Any damage or loss will be invoiced at the cost determined by Berlin Translate, which rents the equipment.

f. Extension of the delivery period for services due to the fault of the customer

If the delivery time for the services is extended due to circumstances attributable to the customer, the customer shall bear the consequences.

These consequences include in particular:

Payment of overtime used in the provision of the services, at the rate indicated in the estimate accepted by the customer;

reimbursement of the interpreter’s transport costs (air or rail tickets) incurred as a result of the extension of the deadline for the provision of the services, upon first presentation of the relevant receipts;

reimbursement of the interpreter’s accommodation costs or even their fee on initial submission of the relevant receipts, if the interpreter has to remain at the place of work due to the extension of the deadline for the provision of services.

ARTICLE 10 – INTELLECTUAL PROPERTY

Berlin Translate’s intellectual property rights relating to the services provided to the customer are the exclusive property of Berlin Translate. Berlin Translate retains the rights of use until the invoice has been paid in full and the customer cannot use the service until the invoice has been paid in full. After full payment of the service, the customer may use and/or exploit the intellectual property rights to the service under the conditions set out in the quote: either the rights are for free use on any medium and without time limitation, or they are for limited use.