Terms and Conditions

1 Application

(1) These general terms and conditions and the contract terms are valid for contracts between Transfair Marth und Partner GbR and the Client unless otherwise agreed or legally required. The Client may assign any claim vis-à-vis Transfair only upon prior agreement.
(2) Client terms and conditions are only binding for the translation bureau Transfair if Transfair expressly recognises such terms.
 
2 General
 
(1) Workflows
(a) Orders are binding once Transfair receives an order via e-mail, post or telefax. Orders must include all necessary information (see our webpage Workflows / Prices). Order terms are deemed binding when they have been confirmed by Transfair. We retain the right to engage third parties for the execution of orders.
(b) Transfair cannot be held liable for delays which result from late receipt of documents, information etc. from the Client.
(c) Transfair reserves the right to make use of translations within the framework of our translation activities insofar as no copyright or explicit confidentiality agreement with the Client exists to prevent this.
(d) Translations shall be carried out in compliance with the standards prevailing. The Client shall check all texts, in particular those highlighted by Transfair. This pertains in particular to documents which are to be published.
(e) The Client shall be liable for any rights pertaining to the text and ensures that translation of such text is permitted. The translator shall be indemnified from any claims from third parties.
(f) The Client reserves the right to have errors corrected. The Client is a priori entitled to have any errors in the translation corrected.
(g) Any claim for correction of errors must be made by the Client giving precise details of such errors.
 
 (2) Calculation of prices, fees and payment conditions
(a) If not otherwise agreed, our prices are calculated according to standard line of text (55 keystrokes per line) in the target text and according to the difficulty of the text. Prices will range between the maximum and minimum as published on our website under Workflows / Prices.
(b) Any special formatting will be calculated in addition. A surcharge will be calculated for services incurred after 6 p.m. and at weekends or on public holidays. A surcharge will also be calculated for orders of more than 16 standard lines which are to be delivered within a calendar day.
Any extraordinary postage/courier costs shall be borne by the Client. Extraordinary costs are such costs not included in e-mail, telefax or standard postage.
(c) Our invoices are payable without deduction within 14 days after the invoice date. This shall apply unless otherwise agreed with the Client and notwithstanding the Client’s possible claim for correction of errors.
(d) In addition to the agreed fee, the translator may claim any other expenses incurred as agreed with the Client. In every event, value added tax will be added insofar as this is a legal requirement. In the event of long translations, the translator reserves the right to request reasonable advance payment. The translator may agree with the Client in advance that the translation be delivered upon receipt of payment of the full fee.
(e) In the event that the amount to be paid is not agreed, a payment will become due which is calculated according to the type and difficulty of the text. Such payment shall not be less than the from time to time enforceable rulings of the Justizvergütungs- und -entschädigungsgesetz (JVEG) which governs payment of, inter alia, translators and interpreters.
(f) In the event of payment deadlines not being met, Transfair shall be entitled to calculate the from time to time valid interest rates.
(g) Transfair shall be entitled to request advance payment in the event of large orders. Should such advance payment not be effected, Transfair reserves the right to withdraw from the contract until due payments shall be made.

3 Liability

(1) The translator is liable to pay damages arising from gross neglect and/or wilful intent. Gross neglect does not include damage which is incurred as a result of computer outages, transmission errors by electronic transmission or viruses. The translator is required to take steps to ensure the use of up-to-date anti-virus software. Liability with regard to slight negligence shall only apply in case of infringement of primary obligations.
(2) A Client claim for damages vis-à-vis Transfair is limited to the amount of the fee for the order in question. Should a higher insurance sum be necessary, the Client shall inform Transfair in advance. Transfair shall in such an event take out an appropriate insurance policy in the Client’s name. The expense of taking out such policy shall be borne by the Client.
(3) Any claim for damages against the translator for errors in the translation becomes invalid six months after acceptance of such translation, unless fraudulent intent exists. Transfair does not accept liability for consequential damages unless covered by the insurance policy applicable to the particular order in question.
 
4 Reservation of proprietary rights and copyright
 
(1) Until receipt of complete payment of fees, the translation shall remain property of the translator. Until such payment is made, the client shall not be entitled to the right of use of the translation.
(2) The translator reserves the right to any copyright ensuing from the translation.
 
5 Applicable law

(1) German law shall apply to the order and all claims arising therefrom.
(2) The place of fulfilment is the headquarters of the translation bureau Transfair.
(3) The place of jurisdiction is the place of fulfilment.
(4) The contractual language is German.

6 Severability clause

Should parts of this contract be or become null or invalid, the validity of this contract shall remain unaffected. Such invalid clauses shall be substituted by valid clauses which approximate the commercial result and desired scope as nearly as possible.