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§ 1 General Information- The following general terms and conditions apply exclusively to all current and future contracts. Any deviating conditions or confirmation to the contrary by the client will hereby be disagreed, who is only granted entitlement if and insofar as we provide exclusive written consent. Silence is not consent.
- Verbal and telephone commissions as well as other agreements require our written consent.
§ 2 Services- Our services include translation and interpreting services.
- All tasks are completed to the highest standards and as soon as possible. Challenging translations are exclusively carried out by translators who are native speakers of the target language. Technical terms are translated into the commonly used versions unless otherwise specified.
- All tasks are treated strictly confidential. Our employees are obliged to do likewise. The client must explicitly request for documents provided by him to be stored in specific security containers. The same applies if the translation is to be delivered per registered and insured letters etc.
- Likewise certification of translation certificates for recognition by the relevant authorities are carried out on particular request of the client.
§ 3 Payment Terms- Translation fees are calculated according to the relevant price list. Interpreting services are calculated according to the number of hours worked
- A no-obligation quote is available on request. The quote is only an approximation until the invoice has been issued.
- If a placed order is cancelled, the costs incurred before the cancellation must be paid for.
- All services must be settled within 14 days of receiving the invoice. Bonuses and discounts must have been agreed in writing before the start of the contract.
- If the client is in default with an invoice due, irrespective of any other demands, we are entitled to charge interest at a rate of 2% above the bank rate of the Deutsche Bundesbank (German Federal Bank).
§ 4 Deadlines and Delivery- Delivery dates are only valid if they have been confirmed by us in writing. In any case, we endeavour to complete all tasks to the highest standard, as soon as possible and on time.
- Should an agreed delivery date be missed, then we are only accountable if the client has sent us a written reminder regarding the agreed deadline and if we are given a reasonable extension time for completion. The extension begins on the day of receipt of the reminder.
- The deadline will be extended further if the delay is due to something out of ProLangua’s control or other applicable incidents.
- The client has the right to refuse to accept a translation and to withdraw from the contract after the extension period has expired without result. This terminates any claims on either side.
- The delivery of the service is completed electronically, when there are no more written instructions from the client. Upon request it can also be delivered by post. The risks involved with sending via post are passed on to the client as soon as it has been handed over at the post office or to a courier employed by the client.
§ 5 Liability and Defects- The client must verify the delivery as soon as it has been received and inform us in writing of any defects within one week of receipt. Otherwise the service will be deemed as approved. Any typing errors are corrected free of charge.
- On the basis of noticing any defects, we are entitled to make the necessary corrections within a reasonable time frame. The client is entitled to demand a price reduction or to withdraw from the contract if a rework is not possible or if it is not done within a reasonable time frame.
- ProLangua takes no liability for errors in translations that were caused by incorrect or incomplete information or for errors in the original source texts that the client provided. We also accept no liability for the correct reproduction of names and addresses that are not in Latin script (i.e. Russian, Greek, and Japanese) and also for translations and language-related information provided over the telephone. We also explicitly accept no liability for the loss of texts and documents handed over to us, in circumstances that we have no control over such as burglary, theft, fire and water. If a delivery cannot be provided or texts and documents available to us are lost because of a force majeure or other unforeseeable events (riots, strikes, fire etc.), ProLangua is not liable.
- Other claims for compensation by the client are expressly excluded, regardless of their legal basis (for example non-performance, impossibility, breach of contract, tort etc.) unless we are liable due to mandatory legislation or gross negligence on our part or that of our subcontractors.
- The client is obliged to exempt us from any liability regarding the completed translation for violating an existing copyright.
§ 6 Confidentiality- Prolangua is obliged to keep strict confidentiality regarding all data that it receives while translating any document for its clients.
§7 Governing Law and Final Clauses- The effectiveness of the remaining provisions will continue to be valid if provision of these general terms and conditions are or become void. Instead of the invalid provisions, another legally valid regulation or provision comes into force that complies with the originally intended commercial purpose of both parties.
- The place of performance and jurisdiction for all liabilities arising from the contractual relationship is Berlin, as long as the client is a businessman/-woman or a legal person or public entity under public law.
- Contractual relationships are exclusively subject to German and/or European law.
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