Terms and conditions

 

Article 1 B Applicability of the conditions

1.1 These conditions apply to every offer and every agreement between Berlin Translate and a client to which Berlin Translate has declared these conditions applicable, with the exclusion of the general terms and conditions of the client, to the extent the translator has not expressly deviated from these conditions.

1.2 These conditions also apply to all agreements with Berlin Translate of which the implementation involves third parties.

Article 2 B Quotations, conclusion of the agreement

2.1 All offers and quotations by Berlin Translate are without engagement.

2.2 The agreement is concluded by written acceptance by the client of the quotation from Berlin Translate or if no quotation was issued in writing by Berlin Translate, of an assignment provided by the client. If Berlin Translate, in preparation of the offer, has not been able to see the full text, Berlin Translate may withdraw from the quotation and specified periods after acceptance by the client. All offers and quotations are exclusive of VAT, unless explicitly stated otherwise.

2.3 Berlin Translate may consider its client to be the person who has commissioned the assignment to Berlin Translate, unless this person has explicitly indicated to be acting on behalf of, in the name of, and for the account of a third party and has provided the name and address of this third party to Berlin Translate at that time.

Article 3 B Modification, cancellation of assignments

3.1 If the client makes changes to the assignment after conclusion of the agreement, other than minor changes, Berlin Translate reserves the right to change the term and/or the fee or refuse the assignment.

3.2 If an assignment is cancelled by the client, the fee for the already completed part of the assignment is due.

3.3 If Berlin Translate has reserved time for the assignment and this time cannot be used elsewhere, the client is due 50% of the fee for the unexecuted part of the assignment.

Article 4 B Execution of assignments, confidentiality

4.1 Berlin Translate is obliged to execute the assignment to the best of its knowledge and ability and with good expertise for the purpose specified by the client.

4.2 Berlin Translate will treat all information provided by the client as confidential. Berlin Translate will oblige its employees to maintain confidentiality. However, Berlin Translate is not liable for any breach of confidentiality by its employees if it can demonstrate that it could not have prevented this breach.

4.3 Unless expressly agreed otherwise, Berlin Translate reserves the right to have an assignment (partly) executed by a third party, without prejudice to its responsibility for the confidential treatment and the proper execution of the assignment. Berlin Translate will oblige such third parties to maintain confidentiality.

4.4 Upon request, the client will provide substantive information regarding the text to be translated, as well as documentation and terminology. Sending such documents shall always occur at the expense and risk of the client.

4.5 Berlin Translate is not responsible for the accuracy of the information provided by the client to the translator, and does not accept any liability for damages of any nature whatsoever, if Berlin Translate based its actions on inaccurate or incomplete information provided by the client, even if these were provided in good faith.

Article 5 B Intellectual property

5.1 Unless expressly agreed otherwise in writing, Berlin Translate retains the copyright on translations and other texts produced by Berlin Translate.

5.2 The client indemnifies Berlin Translate against any claims from third parties for alleged infringement of property rights, patents, copyrights, or other intellectual property rights in connection with the execution of the agreement.

Article 6 B Dissolution

6.1 If the client fails to meet his commitments, or in the case of bankruptcy, suspension of payment, or liquidation of the company of the client, Berlin Translate is entitled to, without any obligation to compensation, dissolve the agreement in full or in part or suspend its implementation. Berlin Translate may then claim immediate payment of the amount due.

Article 7 B Complaints and disputes

7.1 The client shall report complaints about the delivered work as soon as possible and, in any case, notify the translator in writing within five working days. Lodging a complaint does not relieve the client of his payment obligation.

7.2 If the complaint is justified, Berlin Translate will seek to improve or replace the delivered work within a reasonable time or, if Berlin Translate cannot reasonably implement the desired improvements, provide a reduction in price, but this is not mandatory.

7.3 The right of the client to complain shall lapse if the client has modified the work delivered or had it modified and then delivered it to a third party.

Article 8 B Term and time of delivery

8.1 The agreed term of delivery is a target term. Berlin Translate is obliged to inform the client without delay if it becomes clear that timely delivery is not possible.

8.2 The delivery is deemed to have taken place at the time of personal delivery or sending via e-mail, fax, courier, or regular mail.

8.3 Delivery of data via electronic mail is considered to have taken place at the moment the medium has confirmed that the data has been sent.

Article 9 B Fees and payment

9.1 The fee for Berlin Translate is based on a word rate for the source text. Berlin Translate may, in addition to its fee, charge the client with the disbursements incurred in the execution of the assignment.

9.2 For each assignment, a standard advance of 50% is required. For assignments of less than 100 Euro, the advance is equal to the fee payable.

9.3 For each assignment, a standard final payment of 50% is required. We only provide the translated files once this 50% has been credited to our account, we check our bank account several times per day.

9.4 The fee is exclusive of VAT, unless expressly agreed otherwise.

9.5 Invoices must be paid within 14 days after the invoice date in the currency stated in the invoice. After expiry of the period of 14 days, the client is immediately and without further notice in default, in which case the client owes a statutory interest over the invoice amount from the date of default to the moment of full settlement. In addition, EUR 10.00 excl. VAT is charged per interest invoice.

9.6 All collection costs, both judicial and extrajudicial, shall be borne by the client. The extrajudicial collection costs after the first notice are considered to be at least 15% of the claimed amount, with a minimum of 50 Euro. All this also applies in the case of bankruptcy and suspension of payments.

9.7 Offsetting of debts is not allowed.

9.8 In order to obtain greater security, we reserve the right to, in cases of our choice, demand full or partial payment in advance, bank guaranteed, etc. before starting the execution of the assignment and/or send partial invoices during the execution of the assignment.

Article 10 B Liability and indemnity

10.1 Berlin Translate is only liable for damage that is the direct and demonstrable result of a shortcoming attributable to Berlin Translate. Berlin Translate is never liable for any other forms of damage such as trading loss, delay, or loss of earnings. In any case, the liability is limited to an amount equal to the invoice amount excl. VAT associated with relevant assignment.

10.2 Ambiguity of the text to be translated indemnifies Berlin Translate from any liability.

10.3 The assessment of whether a text to be translated or the translation contains any risk of bodily injury shall be entirely at the expense and risk of the client.

10.4 Berlin Translate is not liable for damage or loss of the documents, information, or information carriers made available for the purpose of executing the agreement.  Berlin Translate is also not liable for damage resulting from the use of information technology and modern means of telecommunication.

10.5 The liability of Berlin Translate is in any case limited to an amount of € 2,500.00 per event.

10.6 The client is obliged to indemnify Berlin Translate against all claims of third parties arising from the use of the delivered product, except to the extent that Berlin Translate is liable under this article.

Article 11 B Force Majeure

11.1 Force Majeure is understood in these general terms and conditions, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, which Berlin Translate cannot influence, but which cause Berlin Translate to be unable to fulfill its obligations. Such circumstances shall in any case, but not exclusively, include: fire, accident, illness, industrial action, rebellion, war, governmental measures, and transport barriers.

11.2 During the force majeure, the obligations of the translator are suspended. If the period in which it is not possible for Berlin Translate to fulfill its obligations due to force majeure lasts longer than two months, both parties are entitled to terminate the agreement without there being any obligation to pay compensation. If the client is a consumer, the right to suspension referred to in this paragraph shall apply only to the extent this right applies to him under the law.

11.3 If Berlin Translate has already partially fulfilled its obligations at the time the force majeure commences, or can only partially fulfill its obligations, Berlin Translate is entitled to invoice the already executed work separately and the client is obliged to pay this invoice as if it were a separate agreement.

Article 12 B Applicable law

12.1 The legal relationship between the client and Berlin Translate is governed by German law.

12.2 All disputes concerning these general terms and conditions are subject to the judgment of the competent German court.