Translations that hit the mark: Wordforce

General Terms and Conditions

1. Scope
(1) Unless otherwise expressly agreed or legally stipulated, the Terms and Conditions hereunder shall apply to contracts between the Translator (Olaf Reibedanz and other translators contracted by Olaf Reibedanz) and the Client. The Client accepts these General Terms and Conditions on placement of order and said Terms and Conditions shall apply for the entire duration of the business relationship. Any departure from these General Terms and Conditions shall be subject to a written agreement between the contracting parties.
(2) The Client's General Terms and Conditions shall only apply to the Translator insofar as the Translator has expressly accepted such Terms and Conditions.
(3) In the event that the Client acts on behalf of third parties, the contract is concluded exclusively between the Translator and the Client. Pursuant to Clause 10 of these General Terms and Conditions, the Client shall meet his/her payment obligations in a timely manner, irrespective of payments by his/her final customer (as applicable).

2. Order placement
(1) Prior to acceptance of the order, the Translator shall provide the Client with a document (hereinafter referred to as "order overview") containing the key details pertaining to the order, particularly the Client's name and full address, delivery method, delivery date, and approximate or exact price.
(2) A translation order shall be deemed to have been placed insofar as the Client has accepted the order overview and these General Terms and Conditions in writing via e-mail, fax, or regular mail.
(3) In the event that the Client provides the Translator with an incomplete version of the source text prior to placing an order, the Translator reserves the right to refuse the order if, on receipt of the complete text, it emerges that said source text is inconsistent with the information provided previously by the Client (particularly in terms of the nature of the text, level of difficulty, etc.) or that the provisions stipulated in Clause 6 (3) apply, and any liability claim on the part of the Client shall thus be excluded.

3. Scope of translation orders
The translation shall be produced with due care in accordance with prevailing professional standards. The Client shall receive the translation in the form agreed in the order overview.

4. Client's obligation to cooperate and provide information
(1) The Translator reserves the right to ask the Client to clarify any ambiguities in the source text or to translate the text understandably to the best of his knowledge and ability.
(2) The Client shall inform the Translator in writing and in a timely manner of the purpose of the translated text (e.g. internal information or letter to a third party) and of any special requirements (e.g. translation on data storage media, number of copies, text for printing, translation layout, etc.).
(3) If the translation is to be printed, the Client shall inform the Translator in writing to this effect before placing the order and provide the Translator with a copy for proofreading prior to printing. The Client shall be liable for any and all deficiencies resulting from his/her failure to comply with this provision. The Client shall provide the Translator with a specimen copy after printing.
(4) On placement of an order or immediately thereafter, the Client shall automatically provide the Translator with any information and documentation that may be required to produce the translation (Client glossaries, company-specific terminology, illustrations, drawings, tables, meanings of abbreviations, etc.). If these support materials are not provided, technical terminology shall be translated in a conventional and generally understandable fashion. The Translator shall not be liable for any errors resulting from the Client's failure to comply with this obligation.
(5) The Client releases the Translator from all copyright claims, including additional and consequential costs, that the author of the source text may ask the Translator to bear resulting from the translation.
(6) The Client is obliged to confirm receipt of the translation immediately in writing via e-mail, fax, or regular mail.

5. Delivery deadlines, force majeure
(1) The Translator shall only be deemed in default if a fixed and verifiable date for delivery of the translation has been agreed in writing and has not been met.
(2) The Translator shall not be deemed in default if the translation service cannot be rendered as contractually agreed due to force majeure or as a result of circumstances beyond his/her control (e.g. illness, loss of power supply, computer viruses, etc.). In such cases, the Translator shall immediately inform the Client to this effect.
(3) Both contracting parties shall then endeavor to find a way to nevertheless fulfill the contractual obligation. In any event, an extended deadline may only be established by mutual agreement in writing.
(4) In such cases, both the Translator and the Client are entitled to withdraw from the contract. Such withdrawal shall be communicated in writing. Partial services already rendered by the Translator shall be remunerated in accordance with the agreed rates. All further claims, especially claims for compensation, are excluded in such cases.

6. Data protection, confidentiality
(1) While performing the translation, the Translator may receive information about the Client and the Client’s company; he shall treat that information as strictly confidential.
(2) Notwithstanding, the Translator reserves the right to use translated texts which are made available to the public after the translation has been completed (e.g. printed material or web pages) for reference purposes.
(3) Texts with illegal content or that offend common decency are not subject to this provision and may be refused by the Translator, even after the contract has been accepted.

7. Termination of contract
(1) If the Client cancels a contract without being legally or contractually entitled to do so, the Translator shall be remunerated for all translation services rendered up to the point at which the termination is received in accordance with the agreed rates.
(2) The contract shall be terminated in writing in all cases.

8. Liability
(1) The Translator shall only be liable for financial losses and damage to property in the event of gross negligence and wilful intent. The Translator shall also be liable for financial losses and damage to property due to simple negligence in the event of a breach of material contractual obligations.
(2) Insofar as permitted by law, the Translator's liability for insurable financial losses and damage to property is limited to personal liability insurance (for a maximum of €50,000 for financial losses and €1,000,000 for damage to persons or property) and, in the event of non-insurable financial losses and damage to property, to the amount invoiced by the Translator for the respective contract.
(3) The Translator assumes no liability for the accuracy of source text content (particularly in the case of legal or technical texts).
(4) The Client shall have no recourse to the Translator for the settlement of claims for damages brought by third parties (non-contractual parties).
(5) The Translator shall not be liable for damage or loss during delivery. The Translator uses a continually updated anti-virus program and shall not be held liable for any damage incurred through computer viruses.
(6) The Translator shall not be held liable for documents lost through fire, water, forces of nature, breaking and entering, theft, or for failure to meet a delivery deadline for any of the reasons contained in Clause 5.
(7) The Translator shall not be held liable for any modifications to the translation carried out by the Client or third parties or for any of the cases included in Clause 4.

9. Correction of errors, warranty claims
(1) The Translator shall not be liable for translation errors resulting from poorly legible, inaccurate, or incomplete versions of or incorrect terminology in the source text supplied by the Client.
(2) The Client shall be entitled to correction of any potential errors in the translation (excluding the errors stipulated in Clause 9.1). The Client shall assert all claims with respect to notice of defects in the translation within 8 (eight) days of receipt of said translation. The Client must sufficiently document and explain such errors in writing. If the Translator does not receive notice of defects within this eight-day period, the translation shall be deemed free of errors and the Client waives all claims to which he may be entitled as a result of possible defects.
(3) The Translator reserves the right to remedy errors. The Client shall grant the Translator an appropriate period for this purpose. If the Client refuses to grant this period, the Translator shall be released from his/her obligation to remedy errors. If errors are not corrected within the period granted for this purpose, the Client shall be entitled to demand a deduction from the total invoice amount. However, the Client shall not be entitled to deductions for negligible defects.
(4) Warranty claims shall not entitle the Client to withhold agreed payments.

10. Remuneration, pricing
(1) Prices for translations shall be calculated on the basis of volume and degree of difficulty. The price quoted in the order overview shall be binding, unless expressly quoted as an estimated price in said order overview. In this case, prices shall be calculated on completion of the translation based on the actual time and effort involved.
(2) Remuneration is generally based on word count. In all cases, prices shall be calculated using the PractiCount program. Alternatively, a fixed price may be agreed (also applicable to additional services including proofreading and research). The minimum charge per contract shall be 30 euros. VAT shall be payable in addition if legally required.
(3) For prices calculated by line, a standard line consists of any commenced line of the source text comprising 55 characters (including spaces). Should the Client supply the text in a format other than file format (e.g. photocopy, fax, handwritten text, or similar format), prices shall be calculated on the basis of the target text.
(4) Payment shall be effected immediately on receipt of the completed translation minus cash discount. The delivery deadline shall be in accordance with the provisions of Clause 9 (4).
(5) In addition to the agreed fee, the Translator shall be entitled to payment of the charges agreed with the Client for expenses actually incurred (e.g. for research activities). In the event of large assignments, the Translator shall be entitled to demand an objectively calculated advance payment for implementation of the work involved. Where justifiable, the Translator shall be entitled to receive full payment prior to delivering the final product.
(6) If the amount of the fee has not been agreed in advance, a standard and reasonable fee based on the nature and difficulty of the services rendered shall be payable. In this case, at a minimum, the rates specified in the German Court Reimbursement and Compensation Act (Justizvergütungs- und -entschädigungsgesetz - JVEG) shall be considered standard and reasonable.

11. Retention of title and copyright
(1) Translations shall remain the property of the Translator until payment has been received in full and right of use shall not be transferred to the Client until such time as this condition has been fulfilled.
(2) The Translator shall retain the copyright to the translation (§ 3 German Copyright Act - UrhG § 3).
(3) The Client shall not be entitled to disseminate the translation or transfer rights thereto to third parties without obtaining prior written approval from the Translator. The material may not be stored in a database system (especially an online-system) or otherwise electronically utilized or processed without the prior written approval of the Translator.
(4) Falsification or distortion through additions or omissions are not permitted.
(5) Translations designed for publishing shall clearly include the name of the Translator and clarify his professional capacity as a translator. Prior to publishing, the Translator shall be duly provided with a proofing copy for final approval.
(6) If the translation is to be published on the Internet, the Client shall mention the Translator by name on the web page in which the translation is published, with a clearly visible link to the Translator's web page www.wordforce.com, including the wording "Übersetzung von Olaf Reibedanz" (or "Translation by Olaf Reibedanz", "Traduit par Olaf Reibedanz" or "Traducido por Olaf Reibedanz").

12. Applicable law, place of jurisdiction, place of performance, severability clause
(1) The contract and all claims arising therefrom shall be governed by Argentine law. Place of jurisdiction and place of performance shall be Buenos Aires.
(2) In the event that one or more of the provisions of this contract becomes or become null and void or invalid, the validity of the remaining terms shall be unaffected. Any null and void or invalid provision or provisions shall then be replaced retroactively by a provision or provisions that is or are as closely equivalent in content to the original provision or provisions as possible and comes or come closest to the purpose of the intended regulation.
(3) The severability clause shall only come into effect in the absence of substitute discretionary law and where said clause is only designed to amend the interpretation of the contract.

Dated: 01.01.2007