General terms and conditions
1. General information
These general terms and conditions are to be applied for the entire business connections of 4-translation with its clients. The GTAC are accepted by the client by reading the website as well as through placing an order and are to be applied for the entire length of the business relationship. Those are to be applied to future business relationships too. Business conditions of the client are binding on 4-translation only, if those are emphatically acknowledged by 4-Translation. Translations of 4-translation are processed by the owner personally.
2. Volume of the Translation Order
The translation is processed thoroughly according to the principles of proper professional conduct. The client receives the copy of the contractually agreed translation.
3. Duty to Collaborate and Enlightenment by the Client
The client has to inform 4-Translation in time about special forms of the copy of the translation (translation on data carriers, amount of copies, layout of the translation etc.). In case the translation is meant for print, the client has to leave a proof to 4-Translation. Information and documents, which are necessary for preparation of the translation are to be provided with 4-Translation unrequested and in time by the client (glossaries of the client, images, drawings, schemes, abbreviations etc.).
4-Translation cannot be held accountable for mistakes that result from breach of obligations.
4. Breakdown, act of God, Closure and Restriction of Business, Network and Server failure, Viruses
4-Translation cannot be held accountable for damages which emerge from breakdowns in its office, especially by an act of God, e.g. natural disasters and traffic disruption, network and server failure, possible other breakdowns of controlling and transmission failures as well as otherwise drawbacks that are not arguable with 4-Translation. In such exceptional cases 4-Translation is entitled to withdraw completely or partly from contract. The same applies when 4-Translation restricts or closes its office - especially its online-service for an important reason and for a certain time partly or completely. 4-Translation also cannot be held accountable for damages that occur by viruses. Regarding deliveries of data via e-mail or any other kind of transmission over distance, the client is responsible for a final check of the transmitted data and texts.
The client should always send a confirmation to 4-translation that the translation has arrived on his system, or request the delivery date in case of missing the deadline, because it is never ruled out that one e-mail message can get lost or may be erased by a spam filter.
5. Liability
In case no special agreements regarding the qualitative specifications on the translation have been made, or no specific requirements from the kind of the translation are obvious, 4-Translation processes the translation of the text according to the best of one’s knowledge and belief completely, as well as analogously, orthographically and grammatically correct for the purpose of the information. If the client does not raise any written objections immediately, but within seven calendar days at the latest, so the translation is considered accepted. The client in this case abandons all pretensions which may be entitled to him because of shortcomings of the translation. If the client admonishes an objectively existing and not just a negligible lack within the seven-day period, it has to be described as precisely as possible and 4-Translation has to be given a chance of amendment at first. It is the same regulation when it comes to rush orders with a very short time of delivery. In case a first amendment is demonstrably unsuccessful, 4-translation has the right to a second and a third amendment. If a third amendment should fail the client has the right to lower the amount invoiced or to withdraw from contract. Further claims, including claims for damages because of non-fulfilment are ruled out. Liability is in any case restricted on the occurring damage and on the level of the particular order’s price (translation price).
6. Fee
The fee is due immediately after the acceptance of the translation carried out.
Besides the fee agreed, 4-Translation has claim to refund the actual expenditures agreed with the client. In all cases the added value tax currently legally valid is charged additionally. 4-Translation can demand the advance of money for comprehensive translations, which is objectively necessary for the carrying out of the translations. In reasonable cases 4-Translation can make the delivery of its work depend on the previous payment of its complete fee. If the amount of the fee is not agreed, so an adequate and usual fee is owed according to kind and difficulty/complexity. At this point the records of compensation of witnesses and experts stated in law at least apply as adequate and usual.
7. Delivery Time
If an appointment was made for the handover of a work, 4-Translation will take efforts to meet it.
In terms of defaulting of one date confirmed by 4-Translation, 4-Translation only falls behind when the client has reminded the delivery after that date in writing and has set an adequate period of grace. This period begins with the incoming of the reminder. In case the handover of the work is not possible through not anticipated occasions or an act of God (e.g. breakdown of electric power supply or telecommunication facilities, traffic disruptions, sudden disease, strike, riot, natural disasters or other operating troubles, see No. IV), the workflow of any period is delayed during that time. The period of validity only takes effect again after abolishment or ending of the concerning interruption. After termination of the extension of time without result, the client can deny the acceptance of the work and withdraw from contract, if he has threatened those legal consequences in connection with the reminder. In case of withdrawal, all mutual claims void. The agreed delivery date is basically complied with when the work is received within the period or within the extension of time via e-mail or post by the client or when 30 minutes at the latest before the expiration of the period an attempt of transmission has been made, that however fails due to reasons not arguable with 4-Translation.
8. Delivery, Transmittance
The delivery or the electronic transmittance is carried out at the client‘s risk. 4-translation cannot be held accountable for a faulty or incomplete transmittance of texts or for their loss as well as for their damage or loss on the non-electronic way.
9. Cancellation
If the client withdraws from a placed order without being entitled to this according to law or contract, costs that have incurred for 4-Translation until the date of cancellation are to be refunded and works possibly done are to be paid as well.
10. Compensation for Damages
A compensation for damages of the client – be it due to failings, default or because of any other legal reason – is emphatically ruled out. This exclusion of claims for damages, e.g. because of default or positive violation of contract does not apply if the damage is to be traced back to rough fault by 4-Translation. In any case, claims for damages are restricted to the level of the particular order’s sum. In case of possible claims for compensation for immediate damages emerging through translation mistakes the existing mistakes are to be proven definitely and undoubtedly.
11. Title Retention
The delivered translation remains property of 4-translation until the full payment of all demands has been performed. Until then, the client does not have right of use. 4-Translation has the copyright of the translation. In case of reproductions of the translation of any kind, 4-translation has claim to license fee in the amount usually applicable in the market. Special regulations are possible after agreement.
12. Place of Performance and Jurisdiction
The law of the German Federal Republic is applicable for orders and all claims resulting from it.
Place of Performance is the office of 4-Translation. Jurisdiction always depends on the location of 4-Translation’s office.
13. Secrecy
All texts are treated confidentially and 4-translation is committed to maintain silence of all facts which become known in connection with its job for the client to the best of one’s knowledge and belief. In view of electronic transmission of texts and data as well as possible other communication in electronic ways between client and 4-translation, 4-Translation cannot grant an absolute protection of office and information secrets and other confidential data and information, because it is not ruled out that unauthorised third parties gain access to texts transmitted the electronic way.
14. Applicable Right
The efficiency of these general terms and conditions is not violated by the voidness and inefficiency of single regulations.
1. General information
These general terms and conditions are to be applied for the entire business connections of 4-translation with its clients. The GTAC are accepted by the client by reading the website as well as through placing an order and are to be applied for the entire length of the business relationship. Those are to be applied to future business relationships too. Business conditions of the client are binding on 4-translation only, if those are emphatically acknowledged by 4-Translation. Translations of 4-translation are processed by the owner personally.
2. Volume of the Translation Order
The translation is processed thoroughly according to the principles of proper professional conduct. The client receives the copy of the contractually agreed translation.
3. Duty to Collaborate and Enlightenment by the Client
The client has to inform 4-Translation in time about special forms of the copy of the translation (translation on data carriers, amount of copies, layout of the translation etc.). In case the translation is meant for print, the client has to leave a proof to 4-Translation. Information and documents, which are necessary for preparation of the translation are to be provided with 4-Translation unrequested and in time by the client (glossaries of the client, images, drawings, schemes, abbreviations etc.).
4-Translation cannot be held accountable for mistakes that result from breach of obligations.
4. Breakdown, act of God, Closure and Restriction of Business, Network and Server failure, Viruses
4-Translation cannot be held accountable for damages which emerge from breakdowns in its office, especially by an act of God, e.g. natural disasters and traffic disruption, network and server failure, possible other breakdowns of controlling and transmission failures as well as otherwise drawbacks that are not arguable with 4-Translation. In such exceptional cases 4-Translation is entitled to withdraw completely or partly from contract. The same applies when 4-Translation restricts or closes its office - especially its online-service for an important reason and for a certain time partly or completely. 4-Translation also cannot be held accountable for damages that occur by viruses. Regarding deliveries of data via e-mail or any other kind of transmission over distance, the client is responsible for a final check of the transmitted data and texts.
The client should always send a confirmation to 4-translation that the translation has arrived on his system, or request the delivery date in case of missing the deadline, because it is never ruled out that one e-mail message can get lost or may be erased by a spam filter.
5. Liability
In case no special agreements regarding the qualitative specifications on the translation have been made, or no specific requirements from the kind of the translation are obvious, 4-Translation processes the translation of the text according to the best of one’s knowledge and belief completely, as well as analogously, orthographically and grammatically correct for the purpose of the information. If the client does not raise any written objections immediately, but within seven calendar days at the latest, so the translation is considered accepted. The client in this case abandons all pretensions which may be entitled to him because of shortcomings of the translation. If the client admonishes an objectively existing and not just a negligible lack within the seven-day period, it has to be described as precisely as possible and 4-Translation has to be given a chance of amendment at first. It is the same regulation when it comes to rush orders with a very short time of delivery. In case a first amendment is demonstrably unsuccessful, 4-translation has the right to a second and a third amendment. If a third amendment should fail the client has the right to lower the amount invoiced or to withdraw from contract. Further claims, including claims for damages because of non-fulfilment are ruled out. Liability is in any case restricted on the occurring damage and on the level of the particular order’s price (translation price).
6. Fee
The fee is due immediately after the acceptance of the translation carried out.
Besides the fee agreed, 4-Translation has claim to refund the actual expenditures agreed with the client. In all cases the added value tax currently legally valid is charged additionally. 4-Translation can demand the advance of money for comprehensive translations, which is objectively necessary for the carrying out of the translations. In reasonable cases 4-Translation can make the delivery of its work depend on the previous payment of its complete fee. If the amount of the fee is not agreed, so an adequate and usual fee is owed according to kind and difficulty/complexity. At this point the records of compensation of witnesses and experts stated in law at least apply as adequate and usual.
7. Delivery Time
If an appointment was made for the handover of a work, 4-Translation will take efforts to meet it.
In terms of defaulting of one date confirmed by 4-Translation, 4-Translation only falls behind when the client has reminded the delivery after that date in writing and has set an adequate period of grace. This period begins with the incoming of the reminder. In case the handover of the work is not possible through not anticipated occasions or an act of God (e.g. breakdown of electric power supply or telecommunication facilities, traffic disruptions, sudden disease, strike, riot, natural disasters or other operating troubles, see No. IV), the workflow of any period is delayed during that time. The period of validity only takes effect again after abolishment or ending of the concerning interruption. After termination of the extension of time without result, the client can deny the acceptance of the work and withdraw from contract, if he has threatened those legal consequences in connection with the reminder. In case of withdrawal, all mutual claims void. The agreed delivery date is basically complied with when the work is received within the period or within the extension of time via e-mail or post by the client or when 30 minutes at the latest before the expiration of the period an attempt of transmission has been made, that however fails due to reasons not arguable with 4-Translation.
8. Delivery, Transmittance
The delivery or the electronic transmittance is carried out at the client‘s risk. 4-translation cannot be held accountable for a faulty or incomplete transmittance of texts or for their loss as well as for their damage or loss on the non-electronic way.
9. Cancellation
If the client withdraws from a placed order without being entitled to this according to law or contract, costs that have incurred for 4-Translation until the date of cancellation are to be refunded and works possibly done are to be paid as well.
10. Compensation for Damages
A compensation for damages of the client – be it due to failings, default or because of any other legal reason – is emphatically ruled out. This exclusion of claims for damages, e.g. because of default or positive violation of contract does not apply if the damage is to be traced back to rough fault by 4-Translation. In any case, claims for damages are restricted to the level of the particular order’s sum. In case of possible claims for compensation for immediate damages emerging through translation mistakes the existing mistakes are to be proven definitely and undoubtedly.
11. Title Retention
The delivered translation remains property of 4-translation until the full payment of all demands has been performed. Until then, the client does not have right of use. 4-Translation has the copyright of the translation. In case of reproductions of the translation of any kind, 4-translation has claim to license fee in the amount usually applicable in the market. Special regulations are possible after agreement.
12. Place of Performance and Jurisdiction
The law of the German Federal Republic is applicable for orders and all claims resulting from it.
Place of Performance is the office of 4-Translation. Jurisdiction always depends on the location of 4-Translation’s office.
13. Secrecy
All texts are treated confidentially and 4-translation is committed to maintain silence of all facts which become known in connection with its job for the client to the best of one’s knowledge and belief. In view of electronic transmission of texts and data as well as possible other communication in electronic ways between client and 4-translation, 4-Translation cannot grant an absolute protection of office and information secrets and other confidential data and information, because it is not ruled out that unauthorised third parties gain access to texts transmitted the electronic way.
14. Applicable Right
The efficiency of these general terms and conditions is not violated by the voidness and inefficiency of single regulations.