Terms and Conditions for Translators
§ 1 - General
(1) All existing and future transactions between English2day, owned by
Brenda Bantle, Kaiseringerstaße 48-1, 72479 Straßberg
(hereinafter termed English2day) and translators, are entirely subject
to the following terms and conditions. As part of an ongoing business
relationship these terms and conditions shall apply to all subsequent
orders, quotes, deliveries and services even without further explicit
reference to them.
§ 2 - Eligibility and
(1) The translator affirms that he has the qualifications referred to
in the contract and that any personal information given is correct.
(2) English2day has the right to demand the submission of appropriate
documents from the translator, to confirm this information and to store
this data until his contractual obligations have been met.
§ 3 - Scope of
(1) English2day will issue the translator with an offer for the
translation of a specific text or a number of texts. Once the
translator has accepted this offer, a translation contract is
established between the parties under the terms referred to in the
(2) The translator shall fulfill his obligations himself. This also
applies to groups of translators (agencies). He is not authorized to
call upon employees or third parties to perform this service without
prior permission from English2day.
(3) The translation should be carried out according to proper
professional principles. The translator shall only submit carefully
translated texts. He is not authorized to submit partial translations.
English2day shall receive the translation in the form and time frame
specified in the contract.
(4) The translator will be notified in good time as to how the
translation should be carried out (intended purpose, data media to be
used, number of copies etc.) as well as the information and materials
needed to complete the translation. He shall translate the source text
in the specified language properly and professionally and provide a
translation without abridgements, additions or other changes in
content. Translations shall be created in accordance with the standards
of quality customary in the translation business, conveying the meaning
of the source text by providing either a literal or free translation
depending on the source. Technical terminology provided by the client
shall be taken into account.
(5) Should questions or uncertainties arise, the translator shall
contact English2day immediately. The translator is prohibited from
contacting English2day’s client directly.
(6) For quality assurance purposes English2day is authorized to check
samples of the texts that the translator has submitted, but it is not
obliged to check translated texts.
§ 4 - Granting of
(1) By transmitting his translation, the translator declares that he is
the sole author and that no third parties have any further claims to
the translation than those that existed when he received the source
(2) By transmitting his translation, the translator grants English2day
exclusive rights to use his translation without restriction in terms of
time, space and locality. This includes in particular the right to
edit, amend, duplicate, publish or otherwise use the translation as
well as all rights that the client needs to use the translation for its
(3) English2day is authorized to grant or transfer rights of use to
third parties, particularly to its clients, and allow them to use the
translation as they see fit.
(4) The translator waives his right to be named or recognized as the
author of the translation.
§ 5 - Fee
(1) The translator will receive the agreed fee as agreed in the
contract. This will be based on the word, line or page count, language
combination, difficulty, special field of the translation or be defined
as a flat rate. The fee referred to in the contract is net, plus VAT at
the current rate as applicable. The fee will be settled in Euros,
unless a different currency has been agreed.
(2) The translator shall submit a proper invoice to English2day for
each services rendered and either include the applicable VAT in the
invoice, or provide a reason for its exclusion. The invoice shall be
paid within 30 days of the invoice date.
(3) The translator is responsible for paying tax on the income from
translations according to the legal provisions applicable to him.
(4) Any costs and expenditure are included in the fee. Claims for the
reimbursement of costs incurred in carrying out the translation service
specified in the contract will only be accepted if they are verifiable
and English2day has previously agreed to them.
(5) The translator is not entitled to any advance payment. Nor is the
translator authorized to invoice for partial translations.
§ 6 - Confidentiality
(1) The translator shall treat any information that he has acquired
concerning English2day and/or its clients, as well as any documents and
materials he has received in the course of the contract as
confidential. He may not use or exploit them, nor use, exploit or pass
them on to third parties. Furthermore, the translator shall delete this
data immediately after fulfilling the contract. Should the translator
be required to revise or amend the translation subsequently, after he
has deleted this material, English2day will provide him with the
§ 7 - Warranty
(1) English2day holds warranty rights against the translator.
(2) Should the translator fail to rectify the claimed defects within an
appropriate period, English2day is entitled either to have the defects
rectified by a third party at the translator’s expense, require a
reduction in the translator’s fee, or withdraw from the contract.
(3) If a translation is not delivered or it is rejected, the translator
shall be in default. The translator shall compensate English2day for
any damages incurred as a result. English2day is entitled to set the
translator an appropriate period of grace to revise the translation.
English2day may also withdraw from the contract and claim compensation
for damages should this period of grace not be met.
(4) Should circumstances arise that may hinder a prompt delivery, the
translator must contact English2day immediately.
§ 8 - Liability
(1) English2day shall only be liable for damages incurred due to
deliberate breach of duty or gross negligence on the part of
English2day, its legal representatives or vicarious agents. This also
applies to pre-contractual breach of duty and breach of duty in regard
to a sub-contract, as well as damages incurred due to defects and
consequential damages. This provision does not affect English2day’s
liability as outlined in the Product Liability Act (BGB1. I S. 2198),
nor its liability for damages arising from injury to life, limb and
§ 9 - Release
(1) The translator will release English2day from all third-party claims
that may be made against English2day as a result of his translation. In
particular, this includes any claims due to the content of the
translation service and/or other third-party intellectual property
rights. This provision also releases English2day from bearing any costs
incurred from legal action and legal defense as a result of such
§ 10 - Final
(1) The law of the Federal Republic of Germany shall apply to the
exclusion of the UN Convention on the Sale of Goods.
(2) The place of jurisdiction is agreed, if allowed, to be the place of
general jurisdiction of English2day, if the law does not require
proceedings be opened in another jurisdiction.
(3) Should individual provisions of the contract between the parties be
ineffective or impossible to implement or become ineffective or become
impossible to implement after the contract has been concluded, the
validity of the remaining provisions of the contract shall not be