TERMS AND CONDITIONS OF BUSINESS FOR CLIENTS

§ 1 - General

These General Terms and Conditions of Business (GTC) apply to all commercial relations between the language service company, English 2day, owned by Brenda Bantle, Kaiseringerstaße 48-1, 72479 Straßberg (hereinafter termed "Contactor") and its customers (hereinafter termed "Client(s)"). The GTC also apply to follow-up orders or other orders as agreed, even if this is not expressly stated. In other agreements, for the use of other Terms and Conditions of Business or legal provisions to be valid, they require the explicit written confirmation of the Contractor.

(1.1) The translations produced shall be accurate, stylistically and grammatically correct and true to the original. If the Client has special requirements for the translation (legal purposes, publication, advertising), this must be stated when placing the order; otherwise the Contractor is only liable for a translation pursuant to Section 1.

(1.2) Should the Client require the use of specific terminology, this must be delivered upon commissioning the order (glossaries, figures, tables, abbreviations etc.).

(1.3) The Client assumes sole liability for the technical and linguistic accuracy of the source text. 

(1.4) The Contractor is entitled to make use of qualified Third Parties to carry out the order. The Contractor is liable only for the careful selection of the latter but is obliged, however, to cede any claims against the Third Party to the Client.

§ 2  - Fees for translations

(2.1) English 2day produces ​​the translation on the agreed terms.

(2.2) If a cost estimate is provided, this applies only if  - following review of the documents to be translated -  this is subsequently confirmed in writing.

(2.3) For "rush" work, overnight, weekend or work on recognized public holidays supplementary charges may apply.

(2.4) Translations shall remain the property of English2day, owner Brenda Bantle, until full payment has been received. Until then the Client shall have no right to utilization.

§ 3 - Delivery

(3.1) The Contractor has fulfilled the obligation to deliver when delivery is made by the agreed delivery method.

(3.2) Decisive for the delivery deadline of the translation is the deadline set in the order confirmation. The precondition for the obligation to comply with the delivery deadline is the timely receipt of all document to be submitted by the Client, for example,  source texts, and all the necessary background information. If these requirements are not met on time, the delivery deadline shall be extended for the period of delay in submission of the latter.

(3.3) Failure to meet the deadline entitles the Client to cancel the contract only if the delivery schedule was expressly agreed upon as firm and binding, and the Client has fulfilled all the above requirements (section 3.2), and the delay by the Contractor was not announced in advance. Claims for damages by the Client are excluded, unless the Contractor has caused the damage intentionally or through gross negligence.

§ 4 - Force Majeure / Cancellation

In the event of force majeure, the Contractor must inform the Client immediately. Both Parties are entitled to cancel the contract in the event of force majeure. The Contractor may request a reasonable extension if the nature of the service allows such. The Client must pay for any expenses incurred and services already provided. The same applies in the event of cancellations.

§ 5 - Notice of defects / Corrective measures / Warranty

(5.1) Any notices of defects in translation quality are to be made within 14 days after delivery of the translation. After this period, the translation shall be deemed approved. Any defects must be disclosed and proven in writing in a sufficient manner.

(5.2) To remedy any defect, the Client must grant the Contractor a reasonable grace period. If this is refused by the Client, the Contractor is released from liability. If the deficiencies are rectified by the Contractor within this period, the Client is not entitled to a reduction in price.

(5.3) If the Contractor does not rectify the defects on time, the Customer may cancel the contract or demand a decrease in the purchase price (reduction). In the case of minor or insubstantial defects,  the Client has no claim to cancellation or a reduction in price.

(5.4) Warranty claims do not entitle the Client either to withhold agreed payments or to offset payment.

(5.5) Stylistic improvements (for example, synonyms) and adaptations to specific terminologies (particularly industrial or company-specific terms) are not recognized as translation defects.

(5.6) For the correct spelling of names and addresses in documents that are not written in Latin characters or in typescript, the Contractor shall only be liable if an original was submitted in  Latin characters.

§ 6 - Damages

(6.1) All claims for damages against the Contractor are, in so far they are not subject to statutory liability, limited to the amount of the invoice. Exceptions to this restriction are cases in which the damage was caused by gross negligence or willful misconduct. Liability for loss of profits or consequential damages is excluded.

(6.2) If the Client requires that the Contractor secures liability with a financial loss insurance policy to a certain amount, the former has to pay the applicable premium. If the Contractor is already covered by financial loss insurance, the Client shall pay only the differential amount.

§ 7 - Payment terms

(7.1) Payment is due and payable immediately upon receipt of invoice. The Client shall be in default if he/she does not make payment at the latest within 30 days after the due date and receipt of the invoice. 

(7.2) Interest on arrears shall be charged in accordance with § 288 of the German Civil Code (BGB).

§ 8 - Copyright law

(8.1) The Contractor shall reserve the copyright on all translation work and on glossaries, terminology lists etc, derived there from.

(8.2) If  a claim is lodged against the Contractor or his/her appointed Third Party on the basis of a translation on account of violation of an existing copyright claim, the Client is obliged to  indemnify the Contractor in full thereof. This also includes necessary costs of the legal proceedings.

§ 9 - Confidentiality / Data protection

The Contractor undertakes to maintain confidentiality and comply with all data protection provisions. The Contractor will ensure that appointed agents are subject to the same confidentiality provisions. The Contractor shall not be held liable for non-compliance with this obligation by his/her agents, except in the event of gross negligence on his/her part in the selection of agents. However, insofar as the data and information provided by the Client are required by authorized Third Parties for the execution of the contract, the Contractor and his agents are exempt from this requirement. The personal data (such as name, address) of the Client is stored to enable business and written correspondence (Articles 10 and 11 of EC Directive 95/46/EC).

§ 10 - Severability Clause

In case of legal invalidity of individual provisions the contract remains binding in its other parts. Under such circumstances, the invalid or impracticable provisions shall be replaced by valid provisions ensuring that the intentions of the parties as to the purpose of the contract shall be fulfilled in as effective manner as possible. The same applies to eventual omissions needing amendment.

§ 11 - Place of Performance / Place of Jurisdiction

(11.1)  The place of performance is the registered office of the Contractor.

(11.2 )The place of jurisdiction is agreed, if permissable, to be the place of general jurisdiction of  the Contractor.

(11.3) German law applies.



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