General terms and conditions
§ 1 Scope and subject matter of the contract
(1) These General Terms and Conditions (GTC) shall apply to all contracts between Dialog Translation Agency (hereinafter referred to as “Contractor”) and its customers (hereinafter referred to as “Customer”) for the provision of translation and interpreting services as well as for all related services.
(2) The subject of the contract is the provision of translation and interpreting services by the Contractor. The translation services are provided in the language agreed upon in the respective order. Interpreting services are provided both on-site and online via Messenger.
(3) Deviating terms and conditions of the Customer shall only apply if the Contractor has expressly confirmed them in writing.
§ 2 Formation of the contract
(1) The contract between the Contractor and the Client shall be concluded when the Contractor has confirmed the written or verbal order of the Client.
(2) The Client shall be bound to its order for a period of 14 days, unless otherwise agreed in writing.
§ 3 Scope of services
(1) The Contractor undertakes to provide the agreed translation and interpreting services in the agreed quality.
(2) The translation services are provided by qualified and experienced translators.
(3) Interpreting services shall be provided by qualified and experienced interpreters.
(4) The Contractor shall be entitled to use third parties (e.g. freelancers) to fulfill its obligations.
(5) The Client undertakes to provide the Contractor with all necessary information and documents required for the provision of the translation and interpreting services.
§ 4 Delivery and acceptance
(1) The Contractor shall endeavor to provide the agreed translation and interpreting services within the agreed delivery period.
(2) The Client undertakes to check the translation and interpreting services for correctness and completeness immediately upon receipt.
(3) The Client shall notify the Contractor in writing of any defects or errors within a period of 14 days after receipt of the translation and interpreting services.
I would be happy to amend § 5 of the General Terms and Conditions of Dialog Translation Agency to include the passage you have mentioned:
§ 5 Remuneration
(1) The remuneration for the translation and interpreting services rendered shall be based on the respective agreed prices.
(2) The Contractor shall be entitled to demand reasonable advance payments.
(3) Payment of the remuneration shall be made within 14 days of invoicing without deduction, unless otherwise agreed.
(4) In the event of cancellation of the order by the Client at short notice, the Contractor shall be entitled to demand lump-sum damages in the amount of 50% of the agreed remuneration, unless the Contractor proves that it has incurred higher damages. The Customer shall be entitled to prove that the Contractor has not suffered any damage or that the damage is significantly lower.
§ 6 Liability
(1) The Contractor shall only be liable for damage caused by it or its employees or agents in the event of gross negligence or intent.
(2) The Contractor shall not be liable for any damage caused by improper use of the translation and interpreting services by the Client.
(3) The Contractor shall not be liable for damages caused by force majeure or other unforeseeable events.
§ 7 Secrecy
(1) The Contractor undertakes to treat as confidential all information and data of the Client of which it becomes aware in the course of the execution of the order.
(2) The Contractor shall take all necessary precautions to prevent unauthorized disclosure of the Client’s information and data.
§ 8 Property rights and copyrights
(1) The Customer shall remain the owner of all property rights and copyrights to the documents and information provided to it.
(2) The Contractor shall be entitled to use the documents and information provided to it exclusively for the provision of the agreed services.
(3) The Contractor shall transfer the ownership of the translation services to the Client upon full payment of the remuneration.
§ 9 Termination
(1) The Client is entitled to terminate the contract in writing at any time.
(2) In the event of termination by the Client prior to completion of the services, the Contractor shall be entitled to invoice the services already provided.
§ 10 Online orders
(1) The Client may also order the translation services online via the Contractor’s website.
(2) The order is placed by filling out the appropriate order form on the website and submitting the order.
(3) The Customer shall receive an order confirmation by e-mail.
(4) With the order confirmation the contract between the contractor and the client is concluded.
(5) The remaining provisions of these GTC shall also apply accordingly to online orders.
(6) The Contractor shall not be liable for any damage caused by technical problems or failures in connection with the online order.
(7) The Customer is obliged to ensure that the information provided by him for the online order is complete and correct.
(8) The Contractor reserves the right to reject online orders if the Client violates these GTC or legal provisions.
(9) The Contractor reserves the right to change or discontinue its website and the ordering process at any time.
§ 11 Data protection
(1) The Contractor undertakes to comply with the data protection provisions and to use the Client’s personal data only within the scope of the execution of the order.
(2) The Client agrees that its personal data may be stored and processed within the scope of the execution of the order.
(3) The Contractor shall take all necessary technical and organizational measures to protect the Client’s personal data from unauthorized access and misuse.
(4) The Contractor shall not disclose the Client’s personal data to third parties unless this is necessary for the provision of the agreed services or the Client has expressly consented thereto.
§ 12 Severability clause
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a valid provision that comes as close as possible to the economic purpose of the invalid provision.
General terms and conditions
§ 1 Scope and subject matter of the contract
(1) These General Terms and Conditions (GTC) apply to all contracts between the translation agency Dialog (hereinafter referred to as the “Contractor”) and its customers (hereinafter referred to as the “Client”) for the provision of translation and interpreting services as well as for all related services.
(2) The subject matter of the contract is the provision of translation and interpreting services by the Contractor. The translation services are provided in the language agreed upon in the respective order. The interpreting services are provided both on site and online via messenger.
(3) Deviating conditions of the Client shall only apply if the Contractor has expressly confirmed them in writing.
§ 2 Conclusion of the contract
(1) The contract between the Contractor and the Client is concluded when the Contractor has confirmed the written or verbal order of the Client.
(2) The Client is bound to his order for a period of 14 days, unless otherwise agreed in writing.
§ 3 Scope of services
(1) The Contractor undertakes to provide the agreed translation and interpreting services in the agreed quality.
(2) The translation services are provided by qualified and experienced translators.
(3) The interpreting services are provided by qualified and experienced interpreters.
(4) The Contractor is entitled to use third parties (e.g. freelance staff) to fulfill his obligations.
(5) The Client undertakes to provide the Contractor with all necessary information and documents required for the provision of translation and interpreting services.
§ 4 Delivery and acceptance
(1) The Contractor endeavors to provide the agreed translation and interpreting services within the agreed delivery period.
(2) The Client undertakes to check the translation and interpreting services for their accuracy and completeness immediately upon receipt.
(3) The Client must inform the Contractor of any defects or errors in writing within a period of 14 days after receipt of the translation and interpreting services.
§ 5 Remuneration
(1) The remuneration for the translation and interpreting services provided is based on the respective agreed prices.
(2) The Contractor is entitled to request reasonable advances.
(3) Payment of the remuneration shall be made within 14 days after invoicing without deduction, unless otherwise agreed.
(4) In the event of short-term cancellation of the order by the Client, the Contractor is entitled to demand a flat-rate compensation of 50% of the agreed remuneration, unless the Contractor can prove that he has suffered a higher damage. The Client is entitled to prove that the Contractor has suffered no or significantly lower damage.
§ 6 Liability
(1) The Contractor shall be liable for damages caused by him or his employees or agents only in case of gross negligence or intent.
(2) The Contractor shall not be liable for damages arising from improper use of the translation and interpreting services by the Client.
(3) The Contractor shall not be liable for damages arising from force majeure or other unforeseeable events.
§ 7 Confidentiality
(1) The contractor undertakes to treat all information and data of the client that become known to him in the course of contract performance as confidential.
(2) The contractor will take all necessary precautions to prevent unauthorized disclosure of the client’s information and data.
§ 8 Ownership and Copyrights
(1) The client remains the owner of all ownership and copyrights in the documents and information provided to the contractor.
(2) The contractor is authorized to use the documents and information provided to him solely for the provision of the agreed services.
(3) Upon full payment of the remuneration, the contractor transfers ownership of the translation services to the client.
§ 9 Termination
(1) The client is entitled to terminate the contract in writing at any time.
(2) In the event of termination by the client before completion of the services, the contractor is entitled to invoice for the services already provided.
§ 10 Online Orders
(1) The client can also order translation services online via the contractor’s website.
(2) The order is placed by filling out the corresponding order form on the website and submitting the order.
(3) The client will receive an order confirmation by email.
(4) The contract between the contractor and the client is concluded with the order confirmation.
(5) The other provisions of these terms and conditions also apply to online orders accordingly.
(6) The contractor is not liable for damages caused by technical problems or failures in connection with online orders.
(7) The client is obligated to ensure that the information provided by him for the online order is complete and correct.
(8) The contractor reserves the right to reject online orders if the client violates these terms and conditions or legal regulations.
(9) The contractor reserves the right to change or discontinue its website and ordering process at any time.
§ 11 Data Protection
(1) The contractor undertakes to comply with data protection regulations and to use the client’s personal data only in the context of contract performance.
(2) The client agrees that his personal data will be stored and processed in the context of contract performance.
(3) The contractor will take all necessary technical and organizational measures to protect the client’s personal data against unauthorized access and misuse.
(4) The contractor will not disclose the client’s personal data to third parties, unless this is necessary for the provision of the agreed services or the client has expressly consented.
§ 12 Severability Clause
Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on an effective provision that comes closest to the economic purpose of the invalid provision.