General Terms and Conditions of Business
Europäischer Übersetzungs-Dienst (EÜD) e.K.
Current as of 12 May 2015
1. Website content
EÜD accepts no liability for the currentness, correctness, completeness or quality of the information provided. Liability claims against EÜD concerning material or immaterial damages arising from use or non-use of the information offered and/or from use of incorrect or incomplete information are excluded as a matter of principle insofar as EÜD cannot be proven to have been at intentional or grossly negligent fault. All quotations are non-binding and subject to confirmation. EÜD expressly reserves the right to alter, supplement or delete page sections or the entire offering or to cease publication temporarily or permanently without giving prior notice.
2. No warning without prior contact
Should the content or layout of this website breach third-party rights or legal regulations, then notification without issuing of a cost note is requested. Legitimately disputed sections will be removed promptly, making the employment of legal counsel unnecessary. We will, nevertheless, reject any costs caused by your failure to establish prior contact to their full extent and, where applicable, will file a counter-claim based on infringement of the aforementioned provisions.
3. References and links
Insofar as direct or indirect references are made to target destinations (“links”) which are outside of EÜD’s scope of responsibility, then EÜD will only be liable for them if it has knowledge of the content and is able to use technology to prevent use of these sites in the event of illegal content and that such an action could be reasonably expected. Where content goes beyond this and, in particular, in the case of damages resulting from the use or non-use of such information, liability will lie exclusively with the providers of these sites, not with those who merely refer to the relevant publication through links. This limitation also applies in equal measure to entries made by third parties in guest books, discussion forums and mailing lists set up by EÜD.
EÜD makes every effort to comply with copyright rights for all graphic images, sounds and text used in its publications; to use graphic images, sounds and texts which it has compiled itself or to make use of public domain graphic images, sounds and texts. Should, however, the relevant pages nevertheless include an unattributed graphic image, sound or text which is protected under a third-party copyright, then this is because EÜD was unable to identify the copyright. In the event of such an unintended copyright infringement, EÜD will, following notification, remove the corresponding object from its publication respectively publish the corresponding copyright information. Copyright for objects compiled and published by EÜD itself will remain in the sole ownership of EÜD. Reproduction or use of such graphic images, sounds or texts in other electronic or printed publications is only permitted with the express consent of EÜD.
EÜD General Terms and Conditions of Business (GTCB) will become an integral part of any agreement. They will be recognized by the client upon placing of an order and apply for the entire duration of order processing. The validity of any GTCB of the client is, insofar as they do not coincide with these GTCB, expressly excluded.
4.2. Placing of orders
The client will place orders for translations electronically, by means of a computer terminal or in another manner. He will state the target language; the subject and the specialist area of the text to be translated. In addition to this, he may state the use for which the translation is intended. This is particularly important if the translated text is intended for publication or advertising purposes, since such cases require special adaptation work and may result in higher fees for the translation. Special terminology wishes on the part of the client will only be taken into consideration following express prior agreement and if corresponding documentation (sample texts or vocabulary lists) are provided. Completion dates for translations will be based on the corresponding translation deadlines set by the client. All times stated are Central European Time (CET). EÜD may deviate from the delivery date stated in the order confirmation by up to 25 percent if the text to be translated is exceptionally long; creates particular difficulties; the target language is not a main stream language or there are other reasons for the delay. Receipt of texts which are transferred electronically by the client will be confirmed in writing or by email. An order will only be deemed to have been placed if EÜD has sent a corresponding order confirmation to the client. Any liability for delays or poor execution resulting from incorrect or incomplete transmission or from ambiguous or incorrect formulations in the source text is excluded. EÜD may refuse to translate texts with criminal content or texts which offend common decency even after providing an order confirmation.
4.3 Third-party performance
EÜD operates a translation service which is available to clients all over the world, also via the Internet / World Wide Web. It may employ the services of independent translators to make translations. When doing so, EÜD will only be liable for careful selection of translators. Any business relationship exists solely between the client and EÜD. Contact between the client and a commissioned translator may only take place with the express consent of EÜD.
All quotations and prices are subject to confirmation. Prices are stated in euros unless another currency has been specifically agreed. All prices stated in quotations to end consumers are gross prices and include the current valid rate of value added tax. The non-binding price list and/or prices in the price calculation programme may be amended or changed at any time. Depending on the language pair and the level of difficulty and specialist area of the source text, any prices stated may, in specific cases, deviate by up to 15 percent from the final price. Over and above this, EÜD reserves the right to impose surcharges and additional claims for remuneration. These will be stated to the client in the order confirmation. Price deviations of up to three percent between the actual invoice amount and a price identified using the price calculation programme will be deemed to have been approved by the client.
6. Delivery date
Delivery dates will be stated to the client in good faith but can, however, only ever be provisional. A delivery will be deemed to have been made on time as soon as the translation can be proven to have been sent to the client (sender protocol).
The client may terminate his translation order at any time. He must reimburse EÜD proportionally for costs incurred up to that point. Should EÜD already have begun translation work, then at least 50 percent of the order value must be reimbursed.
8. Disruption, acts of God, closure and restriction of business, network and server errors and viruses
Liability for damages resulting from disruptions of operations, in particular due to acts of God (e.g. natural events; traffic disruptions; network and server errors; other line and transmission faults) and other obstacles for which EÜD is not responsible, is excluded. EÜD may, in such exceptional cases, withdraw from the contract either fully or in part. This will also apply if business, in particular the online service, must be fully or partially closed or restricted for a certain period of time for a material reason. There will be no liability for damages arising from viruses. IT systems (networks, workstations, programmes, files, etc.) are regularly scanned for viruses. Where files are supplied by email; data transmission (modem) or any other form of remote transmission, the client himself will be responsible for final inspection of the transmitted files and texts for possible viruses. Any corresponding claims for damages will not be recognized.
Should the client fail to make a written claim stating the defects within 14 days of receipt of the translation, then the translation will be deemed to have been performed in line with the contract. The client will, in such cases, waive all claims to which he may be entitled due to possible defects.
Should the translation deviate from the corresponding requirements which have been agreed, then the client must set a reasonable deadline for rectification. EÜD will complete rectification of the defect within the stated deadline insofar as it is reasonable; otherwise within a reasonable period of time. The client may, after expiry of the stated deadline, demand annulment of the contract (conversion) or reduction of the remuneration (mitigation) if the defect has not yet been rectified. Such claims are excluded if the defect reduces the value or fitness of the translation to only a negligible degree. In cases where the contract is annulled (conversion) all rights to the translation will revert to EÜD. The right to rectification will be excluded if the defect was caused by the client himself – e.g. because of incorrect or incomplete information or defective source texts.
11. Delivery delays, impossibility, withdrawal and compensation
In cases in which EÜD is responsible for delays in performance or impossibility the client will only be entitled to withdraw from the contract if the delivery date has been exceeded by an unreasonable period and a period of grace has been set in electronic form or writing. Setting of a deadline is not required if, when placing the order, the client informs EÜD in writing that performance of the contractual service after expiry of the agreed delivery deadline is meaningless for him. Liability for late delivery will exist within the scope of commercial transactions; there will be no liability for non-performance or for vicarious agents. Liability for minor negligence or for negligence within the scope of commercial and non-commercial transactions will be limited to twice the invoice sum charged for the delivery or service causing the damage, however to a maximum sum of EUR 10 000. The limit for liability in commercial transactions will be reduced to one third if the client is insured against the damage caused. Should the client fail to state the intended purpose of the translation on the order form, particularly if it is intended for publication or advertising purposes, then he cannot claim compensation for damages caused because the text proves to be unsuitable for the intended purpose and/or if publication or advertising has to be repeated due to defective adaptation or for damages which have a defamatory effect on, or cause loss of reputation to, the company. Should the client fail to state that the translation is intended for printing; fail to provide EÜD with a galley proof before printing commences and print the text without prior express written approval from EÜD, then EÜD will not accept any liability for damages caused by this.
12. Assignment/ offsetting/ retention of rights
The client may not assign rights resulting from the contract without the written consent of EÜD. The client may only offset against undisputed or legally established claims. The client is only entitled to assertion of a right of retention on the grounds of counter-claims resulting from the contractual relationship and for which the right of retention is asserted.
13. Terms of payment
Fees for translations are payable immediately upon completion. The invoice sum must be paid against an invoice or by credit card. In cases of payment by credit card the client must provide details of his credit card provider; card number and its validity (start and expiry) when placing the order. Over and above this, he must state his date of birth and the address to which the card is registered. This information may be provided by email or fax. By placing an order the client authorizes EÜD to charge the invoice sum to his credit card.
14. Dispatch, transmission
As a general rule, dispatch or electronic transmission of translations will be from the office handling the dispatch process. It will be at the client’s risk. No liability is accepted for incorrect or damaging transmission of texts or their loss or for their damage or loss during non-electronic transit.
15. Protection of confidentiality
Due to the nature of electronic communications between the client, EÜD and translators it is not possible to guarantee absolute protection of the client’s business secrets and other confidential data and information.
16. Copyright rights
EÜD will ensure that the client receives exclusive usage and exploitation rights to the translation. It will indemnify the user against all claims by the translator. Usage and exploitation rights will, however, only pass to the client after full payment of all claims arising from the contractual basis. The client guarantees to EÜD that he (the client) is entitled to all rights to the source text and that he is fully authorized to have the text translated. He will, to this extent, indemnify EÜD and the translator against all claims.
17. Data protection
In accordance with Art. 33 of the German Federal Data Protection Act [Bundesdatenschutzgesetz] EÜD provides notice that personal data will be stored, used and processed on data carriers within the scope of contract execution. Insofar as EÜD makes use of third parties to perform the services offered, then it is entitled to disclose client data if this is required to ensure operations or to process the order. The client declares his consent to this.
18. Governing law and place of jurisdiction
The contractual relationship and other business connections between EÜD and the client will be solely governed by German law under exclusion of laws on the international sale of goods. Insofar as permissible, the sole place of jurisdiction for both parties for all disputes will be EÜD headquarters in Hamburg, Germany.
Should one or more of the provisions of the GTCB be or become invalid, then this will not affect the validity of the rest. In such cases a provision coming as close as possible to the legal and commercial intent of the invalid provision will be deemed to have been agreed. The same shall apply for any unintended loopholes.
20. Amendments to the General Terms and Conditions of Business
The client will be informed in writing regarding any amendments to the GTCB. Such amendments will be deemed to have been accepted if the client does not object to them in writing within two weeks of their announcement.