Terms of Service

Terms and Conditions
According to the recommendations of (German) language associations

1. General terms and conditions for translation orders
   1.1 Scope
2. These terms and conditions of engagement apply to contracts between the translator and his client, unless otherwise expressly agreed or required by law.
3. The client's general terms and conditions are only binding for the translator if he has expressly accepted them.
   1.2 Scope of the translation order
   The client receives the agreed copy of the translation in digital form.
   1.3 Additional services
   All translation work associated with additional services, in particular so-called reproducible texts that are suitable for printing, to be reproduced using whatever method, etc., will only be carried out as such if the translator is given a written order which clearly states that the required quality is required. Liability with regard to the above-mentioned translation work (in particular translations ready for printing and intended for multiple use) by the translator is excluded if the client does not indicate the translation as such to the translator in writing in the aforementioned sense or if the client fails to provide the translator with a brush proof of the text for proofreading before printing.

1.5 Rights of the client in the event of defects

1. The translator reserves the right to correct defects. The client initially only has the right to have any defects contained in the translation corrected.
2. The customer must assert a claim to have defects rectified, stating the defect in detail.
3. Translation defects that are based on poorly readable, incorrect or incomplete text templates, on the customer's own terminology (if this was not provided) or on non-existent text contexts are not the responsibility of the translator. Questions of style are also excluded from any liability.
4. If the translator does not remedy the alleged defects within a reasonable period of time or if he refuses to remedy the defects or if the remedy of the defects is deemed to have failed, the client may, after hearing the contractor, have the defects remedied by another translator at the contractor's expense or alternatively demand a reduction in the remuneration or withdraw from the contract. The elimination of defects is deemed to have failed if the translation still has defects even after several attempts at improvement.
   1.6 Liability
5. The translator is liable for gross negligence or intent. Damage caused by computer failures and transmission disruptions when sending emails or by viruses cannot be classified as gross negligence. The translator takes precautions against this using anti-virus software. Liability for slight negligence applies exclusively in the event of a breach of primary obligations.
6. The client's claim against the translator for compensation for damage caused in accordance with No. 5 (1) sentence 4 is excluded.
7. The exclusion or limitation of liability according to No. 5 (1) and (2) does not apply to damage to a consumer resulting from injury to life, body or health.
8. The client's claims against the translator due to defects in the translation (§ 634a BGB) expire six months after acceptance of the translation, unless there is fraudulent intent.
9. Liability for consequential damage caused by defects is limited to the statutory limitation period, contrary to Section 634a of the German Civil Code (BGB). Section 202 Paragraph 1 of the German Civil Code (BGB) remains unaffected by this.
   1.7 Professional secrecy
   The translator undertakes to maintain secrecy about all facts that become known to him in connection with work for the client.
   1.8 Participation of third parties
10. The translator is entitled to use employees or expert third parties to carry out the order.
11. When using expert third parties, the translator must ensure that they undertake to maintain confidentiality in accordance with No. 7.
    1.9 Compensation
12. The translator's invoices are due and payable without deductions within 14 days of the invoice date.
13. All prices are net plus statutory sales tax.
14. In addition to the agreed fee, the translator is entitled to reimbursement of the expenses actually incurred and agreed with the client. In all cases, sales tax will be charged additionally, if required by law. The translator may request a reasonable advance payment for extensive translations. The translator can agree with the client in writing in advance that the handover of his work is dependent on the prior payment of his full fee.
15. If the amount of the fee has not been agreed, an appropriate and usual remuneration is due depending on the type and difficulty. This does not fall below the applicable rates of the Judicial Remuneration and Compensation Act (JVEG).
    1.10 Retention of title and copyright
16. The translation remains the property of the translator until full payment has been made. Until then, the client has no right of use.
17. The translator reserves any copyright that may arise. 1.11 Right of withdrawal
    If the placement of the translation order is based on the translator offering to produce translations on the Internet, the client waives any right of cancellation that may exist in the event that the translator has started the translation work and notified the client of this.
    1.12 Applicable Law
18. International law applies to the order and all resulting claims.
19. The place of performance is the translator's residence or the location of his or her professional establishment.
20. The place of jurisdiction is the place of performance.
21. The contract language is German, English or Spanish.
    1.13 Severability clause
    The effectiveness of these contract conditions is not affected by the nullity or ineffectiveness of individual provisions. The invalid provision must be replaced by a valid one that comes as close as possible to the economic result or the intended purpose.
    1.14 Changes and Additions
    Changes and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to changes to the written form requirement itself.
    1.15 Travel Conditions
    The travel conditions are set in such a way that they neither affect the health of the contractor nor the quality of the service to be provided following the trip.
    1.16 Jurisdiction
    The place of jurisdiction is Manta. The law of the Republic of Ecuador applies.