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
(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
§ 4 - Force Majeure /
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
§ 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
§ 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
(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
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
(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.