Technical and certified
translations
Professional and on schedule
GENERAL TERMS AND CONDITIONS
- Scope of application
- These General Terms and Conditions shall apply to all business relations between the client and SK Übersetzungsbüro, Unterm Markt 1, 07743 Jena, Germany, unless otherwise expressly agreed or required by law.
- The General Terms and Conditions of SK Übersetzungsbüro are fully accepted by the client when an order is placed.
- The client’s General Terms and Conditions shall only be binding on SK Übersetzungsbüro if they have been accepted in writing.
- Preparation of offers and placement of orders
- An offer made by SK Übersetzungsbüro at the request of the client is not binding for the client. However, it shall be binding for SK Übersetzungsbüro if there is no change in the order and the order is placed within two weeks after the offer has been sent.
- An order is only deemed to have been placed, if the client has placed it in writing (with or without a request for an offer) and the order has been accepted by SK Übersetzungsbüro in writing.
- Obligation of the client to cooperate and provide information
- The client shall provide SK Übersetzungsbüro with the source text in a readable form in a common file format or as a printout.
- The client shall inform SK Übersetzungsbüro in good time of any desired forms of execution of the translation (intended purpose, target group, layout of the translation, readiness for printing, certification requirement, delivery on data carriers, type and number of copies, etc.). If the translation is intended for printing, the client shall provide SK Übersetzungsbüro with a proof copy in good time before printing so that SK Übersetzungsbüro can correct any deficiencies. SK Übersetzungsbüro does not accept any liability for the accuracy of the content and technical correctness of the text submitted by the client.
- Information and documents which are helpful or necessary for the preparation of the translation (client’s terminology, internal company designations, illustrations, drawings, tables, abbreviations, any existing translations relevant to the current order, etc.) shall be made available to SK Übersetzungsbüro in full and in good time when the order is placed. Should SK Übersetzungsbüro have any questions regarding technical or formal aspects of the source text, the client shall be available to SK Übersetzungsbüro by telephone or electronically to clarify these questions.
- Errors and delays resulting from delayed and/or insufficient delivery of such data, documents and feedback shall not be the responsibility of SK Übersetzungsbüro.
- The client shall assume liability for the exploitation rights to a text and shall ensure that a translation may be produced. The client shall indemnify SK Übersetzungsbüro against any copyright or personal rights of third parties.
- Changes to the order template
- If the client makes changes to the source text or order specifications after the order has been placed, the agreed delivery date must be adjusted in consultation with SK Übersetzungsbüro according to the extent of the desired changes.
- Any additional work due to the client’s subsequent requests for changes will be shown separately on the invoice.
- Involvement of third parties
- SK Übersetzungsbüro is entitled to use the services of external specialists and linguists to carry out the order.
- When using third parties, SK Übersetzungsbüro shall ensure that they undertake to maintain secrecy in accordance with Section 9 of these General Terms and Conditions and the Privacy Policy.
- Delivery of the translation
- Unless otherwise agreed, translations are delivered by email or through the post. However, they can also be collected personally by the client or handed over personally by SK Übersetzungsbüro, if the client’s headquarters are in Jena or the surrounding area.
- The costs for deliveries through the post or for personal delivery to a location other than the client’s registered office mentioned under (6.1) shall be borne by the client.
- The dispatch through the post is at the risk of the client. SK Übersetzungsbüro shall not be liable for any delay or damage to the translation or for loss of the translation in the post.
- Rights to warrant claims and liability for deficiencies
- SK Übersetzungsbüro shall carry out the translation with due care in accordance with the principles of proper professional practice.
- If the client reports deficiencies in the translation, SK Übersetzungsbüro reserves the right to supplementary correction. The client shall initially only be entitled to have the deficiencies eliminated.
- The client must make a claim for subsequent correction in writing within 14 days, but preferably promptly, stating the exact nature of the deficiency.
- If SK Übersetzungsbüro does not eliminate the justifiably asserted deficiencies within an agreed reasonable period of time, or if SK Übersetzungsbüro refuses to eliminate the deficiencies, or if the elimination of the deficiencies is deemed to have failed, the client may demand a reduction in the remuneration after consultation with SK Übersetzungsbüro.
- Claims of the client against SK Übersetzungsbüro due to translation deficiencies (Section 634a German Civil Code) shall lapse one year after acceptance of the translation.
- SK Übersetzungsbüro shall only be liable for its own grossly negligent or intentional breach of duty. Damage caused by computer breakdowns and transmission faults when sending e-mails or by viruses is not to be classified as gross negligence. SK Übersetzungsbüro shall take appropriate protective measures by means of anti-virus software, but shall not be responsible for any security gaps contained therein.
- Liability in the event of slight negligence on the part of SK Übersetzungsbüro shall apply exclusively in the event of a breach of material contractual obligations.
- Liability of SK Übersetzungsbüro in terms of reason and amount is limited to the benefits covered by professional liability insurance (ERGO Versicherung AG) in individual cases.
- SK Übersetzungsbüro shall not be liable for translation errors due to poorly legible, incomplete or faulty source texts or missing reference documents and information.
- Confidentiality
- SK Übersetzungsbüro undertakes to treat all information that becomes known in connection with its activities for the client as confidential (see Privacy Policy).
- SK Übersetzungsbüro shall impose a confidentiality obligation on third parties involved in order processing (see point 5).
- Remuneration
- The prices for translations provided by SK Übersetzungsbüro depend on the type of text, the level of technical difficulty, the volume of the text and any night and/or weekend work that may be required. I would be happy to provide you with a non-binding offer.
- Invoices from SK Übersetzungsbüro are due and payable in full within 14 days of receipt of the invoice.
- In all cases, the value added tax will be charged additionally, if legally required.
- SK Übersetzungsbüro may demand a reasonable advance payment for translations that (a) extend over a period of more than four weeks and/or (b) exceed a gross fee of EUR 1,500.00.
- Retention of title and copyright
- The translation remains the property of SK Übersetzungsbüro until full payment has been received. SK Übersetzungsbüro reserves the right to any copyright or other intellectual property rights that may have arisen as a result of the preparation of the translation. The same applies to terminology lists, glossaries or similar created by SK Übersetzungsbüro in the course of order processing. Contractually agreed rights of use are only transferred to the client after full payment for the services provided by SK Übersetzungsbüro.
- The client shall indemnify SK Übersetzungsbüro to the full extent against any third-party rights which may be claimed against the client as a result of the infringement of an existing copyright in the course of order fulfilment.
- Right of cancellation
- After an order has been placed, SK Übersetzungsbüro only recognizes a right of cancellation on the part of the client if the client pays SK Übersetzungsbüro in full for the services already provided by SK Übersetzungsbüro up to the date of receipt of written notification of the cancellation of the order.
- In such a case, SK Übersetzungsbüro undertakes to charge only for the work already performed.
- Place of jurisdiction and applicable law
- German law shall apply to the interpretation and execution of the contract between SK Übersetzungsbüro and the client. This shall also apply if the client is domiciled abroad and/or is a foreigner.
- The place of jurisdiction for all disputes between the client and SK Übersetzungsbüro arising directly or indirectly from the order shall be Jena.
- The contractual language is German.
- Written form requirementVerbal agreements are not valid. All agreements must be made in writing. However, they can also be concluded online with a digital signature. This provision also applies to the cancellation of the written form requirement itself.
- Severability clauseThe validity of these General Terms and Conditions shall not be affected by the invalidity or ineffectiveness of any individual provision. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic effect or the intended purpose of the invalid provision.