m o m b e r g

AGB

General Business Terms

1. Services

Language professional services (interpreting and translating) are pure services. When accepting a translation mission an employment between client and contractor is reached in accordance with the German Civil Code.

The legal regulations in association with our following general business terms apply for this legal relationship. Excluded are in particular all terms of the client, relating to a special-order contract or work and delivery contract. This is valid, even if we do not expressly contradict to the printed customer's terms in writing.

Task of the language professional is to translate correctly and analogously the given wording into a different language. The same quality standards as those of the presented text can be expected. The translation must not exceed the quality of the text to be translated, as it is not the translator's task to correct documents without special order. The client is responsible for all kind of mistakes within the document to be translated.

2. Prices

Interpreting services are hourly or daily rated. Translation services are calculated per lines, pages or words. A line has 50 - 55 keystrokes, the prices of a page is 25 lines.

The minimum fee for interpreting services is an hourly remuneration (for conference interpreting a daily rate), for translating the price for one page.

In addition to the above mentioned fees additional costs are invoiced such as mail and telephone charges, travelling costs, overnight stays and so on.

3. Quotations and estimates

All estimates, especially in oral form, shall not be considered binding, unless otherwise agreed. Binding offers for translations only refer to the price per line or per word, even if a total price has been given on the basis of an estimated number of lines or words. Offers by word of mouth or by phone require a written confirmation.

4. Orders

All orders and any order cancellations must be confirmed in writing. We do not automatically send order confirmations, only by request or if we think it to be convenient.

5. Dates

Confirmation of the dates of finishing the translation, in estimates or later, are approximate specifications, especially for comprehensive tasks or missions delivered by instalments, when the exact time needed for translating can not be calculated precisely, unless a fixed date is negotiated. We cannot be made liable for delays we are not responsible for, such as while in transit by mail, by act of nature beyond our control or similar reasons.

The client is not entitled to deduce any claims to reduce the price according to him. The right to cancel the contract within the legal regulations is not affected thereby.

6. Payment

Payment in full shall be effected no later than 30 days from the date of invoice by the method of payment specified without any discount.

For long assignments or texts, we may request initial payment and periodic partial payments on terms to be agreed. If reasonably justified, we can withhold the completed work until full payment has been received in advance.

Interest shall automatically be applied at the rate of 9% per annum over the base rate to all overdue sums from the date on which the first become due until they are paid in full.

7. Provision of information

The client shall inform us ahead of time of any particular requirements regarding the translation (e.g. delivery format, number of copies, layout).

If a translation is intended for publication, the client shall submit a typeset proof of the translation to us before printing.

The client shall volunteer to us in sufficient time any information and documentation required to prepare the translation (such as client's glossaries, illustrations, drawings or prior translations. Client specific terminology can only be taken into consideration if the above mentioned documents are provided before or with order confirmation.

We shall not be responsible for any defects resulting from non-compliance with these obligations.

8. Termination

An existing contract can be terminated without previous notice when it is to be feared that due to delayed payment or other circumstances (§ 626 German Civil Code) our remuneration claim will not be satisfied adequately or in due time by the client.

A specific form for terminating the contract is not required. Claims for damages against us are not possible.

In case of cancellation of the contract by the client, the client is obliged to pay for our time needed until the cancellation of contract in accordance with the above mentioned payment terms. Only our notes for the time needed are binding.

9. Errors and liability

In case of errors or omissions in a translation task, we shall be entitled in all events to remedy such defects within a reasonable time and at no cost to the client. The client shall specify precisely the nature of any defect to be remedied. Any complaint in connection with the performed work shall be notified to us by the client within one month of the date of delivery of the translation.

10. Responsibility and liability

Time and expense permitting, we shall use our best endeavours to do the work to the best of our ability, knowledge and belief. A translation shall be fit for its stated purpose and target readership, and the level of quality specified.

We shall be liable for any damages due to intent and gross negligence. Liability for damages due to slight negligence shall be limited to breach of material contractual obligations. Our liability on any grounds whatsoever shall be limited to the invoiced value of the work.

11. Force Majeure

The contractor cannot be prosecuted in case of Force Majeure (strike, fire, economic conflicts, natural disasters, acts of war and all other unforeseeable events that are verifiably not caused by the contractor). Force Majeure entitles both, the client as well as the contractor, to cancel the contract. The client owes in any case the amount for the work already fulfilled and delivered.

12. Salvatoric clause

These contract conditions remain valid even if single clauses should prove to be invalid. The invalid clause of the general contract conditions should be supplemented or reinterpreted so that the economic purpose intended with the incorrect regulation is reached.

13. Governing Law

Place of Jurisdiction and place of fulfilment is 79312 Emmendingen, Germany.

Last updated: January 2017