These Standard Business Terms apply to all translation, proofreading and ghost-writing assignments and analogously to all other services, unless otherwise expressly agreed or statutorily required.
The client’s standard business terms are only binding on me if I have explicitly recognised and signed them.
2. My services
Translation and ghost-writing are done according to generally accepted professional practice. The texts produced are, in respect of grammar, spelling and idiomatic use, rendered in accordance with the generally accepted rules of educated Standard English as used in the British Isles by university educated native speakers of that origin. Should the client require another national or style variant of English or specific terminology diverging from generally recognised rules then he must inform me so and provide corresponding guidance (sample texts, glossaries, etc.). The use of specific client terminology must be expressly agreed when the order is placed.
3. Client’s obligation to cooperate
Source texts must be clearly legible and written in accordance with the accepted rules of the source language and unambiguously intelligible. I do not provide any warranty for texts that are redacted (for whatever reason). In such cases, I instead recommend the insertion of fictitious but realistic phrases, proper nouns or numbers.
The client must assume liability for rights to the original and ensure that a translation or adaptation may be produced. He must hold me harmless against any corresponding third-party claims.
Required context information including texts that are quoted or assumed to be known must be provided. The intended use of the target text as well as a sufficiently detailed description of the intended target audience, including details of its educational level, knowledge of English and any eventual social, political and religious orientation are indispensable for producing an appropriate effect on the audience and avoiding unsuitable terminology or modes of expression.
4. Client’s rights in case of defects
I reserve the right to remedy defects. The client has initially only a claim to remedy of any potential defects in the text produced.
The client must assert his claim to remedy of any defects in writing at the latest within ten days and must indicate the precise defect.
A justified defect only obtains if the translation supplied does not constitute an adequate rendition of the factual statement intended by the source text. For example, preferred uses of synonyms or free rephrasing of the target text without consideration of the source text do not constitute any grounds for a complaint.
Defects in the translation due to poorly legible, incorrect, incomplete or garbled (redacted) originals lie outside of my liability.
A deadline of 10 calendar days applies for completion of acceptance. Should there neither be any declaration or justified rejection of acceptance within that deadline by the client the product as delivered shall be deemed to be accepted.
If the client is a merchant, in case of defects section 377 of the German Commercial Code applies in addition.
I am liable for gross negligence and deliberate intent. Not qualifying as gross negligence are damages caused by computer failure and email transmission malfunctions or by viruses. I take precautions against this with anti-virus software. Liability in case of minor negligence applies only to a breach of essential substantive obligations.
The client’s claim on me for compensation of any damages due to the causes listed in section 6 (1), sentence 4, shall be limited to the contractually agreed amount.
Disclaiming or limiting liability under section 6 (1) and (2) shall not apply to consumer damages due to injury to life, limb or health.
Recourse liability in case of third-party damage compensation claims is expressly barred.
The client’s claims due to defects in the translation or other text produced are, except in the case of malicious deception, time-barred in one year after acceptance.
7. Fee and payment
My invoices are due and payable without deduction within 30 days of their invoice date. Thereafter the payer is in arrears. The provisions of the Act on Acceleration of Payments Due of 30 March 2000 (German Federal Law Gazette I, page 330) apply.
7.2 All prices quoted are understood as being plus statutory VAT.
Unless otherwise agreed, the volume of a translation of continuous or running text is quantified by the number of standard lines in the target language, with a standard line consisting of 55 strokes (including empty spaces). The price is then calculated by multiplying the number of lines by the line rate. Proofreading, editing, processing of Excel and Powerpoint files as well as ghost-writing are charged on the basis of time required. Lists of standalone concepts or non-context text or text fragments are charged by special agreement.
Complicated formatting of the text cannot be guaranteed or will be charged extra.
Clients in Germany should pay by bank remittance to my business account, clients in Austria by remittance to my Austrian bank account. Clients elsewhere in the Eurozone and Switzerland must pay be SEPA bank transfer to one of these accounts. For payments effected from other currency areas all bank charges will be at the expense of the client.
The client is only entitled to set off for counterclaims which have been definitively adjudicated or are not disputed. The client is only entitled to exercise the right of retention if his counterclaim is based on the same assignment.
8. Retention of title and copyright
Up through complete payment of the invoice for the assignment, translations and other texts remain my property. Until then, the client has no right of usage.
Where a text was produced for a third party, I reserve the right to draw that third party’s attention to my outstanding receivable and to the concomitant illegality of using the translation or the text.
I retain all copyrights. Upon complete payment the client has an unlimited right of usage to the translation or other texts.
9. Confidentiality and secrecy
I obligate myself to keep all information I come into possession of in connection with translation, editing and ghost-writing assignments secret, including the very existence of the business relationship with the client. In my exercise of a liberal profession I never divulge the identity of clients as references. I only divulge the identity of my clients in my exercise of a liberal profession to authorised fiscal authorities of the Federal Republic of Germany. Nor do I provide any of my clients with access to my business records. I have not entered into any contractual agreements to provide third parties with information about my business relationships.
I do not in principle work for public authorities, including international authorities or organisations, nor for any clients in sensitive national defence or security fields. Where I perform services used in such fields I do so exclusively via commercially operating intermediaries with whom my business relationship is on a purely commercial footing. Police, prosecutors and courts are also public authorities within the meaning of this paragraph.
I employ third parties only in the production of texts in languages other than English. I impose the obligations set out in section 9 (1) on any such collaborators.
All texts and files related to my exercise of a liberal profession reside on my own server.
For electronic transmission of texts and data as well as for other communication in electronic form, I cannot completely guarantee protection of their contents since it cannot be excluded that non-authorised third parties can intercept texts and data transmitted electronically. At the request of clients, encryption procedures can be agreed.
For my professional practice I only maintain business relations for internet, IT and data processing services with firms registered in the Federal Republic of Germany. Foreign social networks and similar foreign providers are neither used for marketing nor any other business purposes. Use by way of exception of providers domiciled abroad (e.g. Skype) must be approved in advance by the client.
I only guarantee protection against inadvertent misdirection of files intended for clients if my internal security coding of file names is used.
10. Applicable law
German law is exclusively applicable to my assignments.
Where my contractual interlocutor is a merchant or a legal entity, Munich is the venue of fulfilment and court jurisdiction.
The legal validity of these Standard Business Terms will not be impaired if specific provisions thereof are void or of no legal effect.
Amendments and supplements to these Standard Business Terms will only be valid if they have been agreed in writing. This also applies to amendment of this requirement of written form.