Terms and conditions
This English version is provided as a courtesy translation. In case of doubt, the German original is legally binding.
1. Scope of services
1.1Unless otherwise agreed in writing, the following conditions apply to the scope of the services.
1.2The client undertakes to state what the translation is to be used for, e.g. whether it is intended
1.2.1for information only,
1.2.2for publication and advertising,
1.2.3for legal purposes or patent proceedings,
1.2.4or for any other purpose for which a special rendering of the texts by the translator concerned is of importance.
1.3The client may use the translation only for the stated purpose. If the client uses the translation for a purpose other than that for which it was ordered and delivered, the client has no claims for damages against the translation agency, hereinafter referred to as the contractor.
1.4If the purpose of a translation is not disclosed to the contractor, the contractor shall produce the translation to the best of its knowledge for information purposes (see item 1.2.1).
1.5Unless otherwise agreed, the contractor shall submit translations in a single copy, typewritten, on A4 paper.
1.6Unless otherwise agreed, the formal layout is governed by item 6.3 of DIN 2345 (“Translation orders”).
1.7If the client wishes a specific terminology to be used, the client must notify the contractor and at the same time supply the necessary documents. This also applies to language variants.
1.8The technical and linguistic correctness of the source text is the sole responsibility of the client.
1.9The contractor has the right to pass the order on to equally qualified third parties. In this case, however, it remains the sole contractor.
1.10The contractor’s name may be added to the published translation only if the entire text was translated by the contractor or if no changes were made to which the contractor has not given its consent.
2. Fees
2.1The fees (prices) for translations are determined by the contractor’s tariffs (price lists) applicable to the respective type of translation. Translations are charged by characters of the translated text. The basis of calculation is the source text including spaces. Depending on the degree of difficulty, the price for 1,000 characters starts at EUR 21.00; a minimum fee of EUR 65.00 is charged (all prices excl. VAT).
2.2Services whose effort exceeds the scope of simple word processing are charged by agreement (e.g. originals are supplied in special file formats; the client requires a special graphic form that calls for specific software).
2.3Unless otherwise agreed, the source text is the basis of calculation.
2.4If a cost estimate was given, it is valid only if it was made in writing.
2.4.1Other cost estimates are only a non-binding guideline.
2.4.2The cost estimate is prepared to the best of our professional knowledge, but no guarantee can be given for its accuracy. If cost increases of more than 15% arise after the order has been placed, the contractor shall notify the client without delay. In the case of unavoidable cost overruns of up to 15%, no separate notification is required and these costs may be invoiced without further ado.
2.5Cost estimates given without inspection of the documents to be translated are only a non-binding guideline. Even without notification under item 2.4.2, the client is obliged, unless the contractor prepares a new cost estimate, to pay the actual cost of the translation in accordance with item 2.1.
2.6Unless otherwise agreed, changes to the order or additional orders may be invoiced at reasonable prices.
2.7Wage or salary increases under collective agreements entitle the contractor to subsequent price adjustments.
2.8The claim and its ancillary claims are value-protected. The consumer price index published monthly by the Austrian Central Statistical Office, or an index replacing it, serves as the measure of the value protection. The index figure calculated for the month in which the contract was concluded serves as the reference figure. Fluctuations of the index figure up or down of less than 2.5% are disregarded. This margin is to be recalculated each time it is exceeded upwards or downwards, whereby the first index figure outside the margin currently in force always forms the basis both for the new determination of the claim amount and for the calculation of the new margin. The amounts thus obtained are to be rounded up to one decimal place.
2.9For the review of translations made by third parties, the full fee of a first translation may be charged.
2.10Reasonable surcharges may be charged for express work and work at weekends.
2.11Our invoices bear an advanced electronic signature. By placing the order, the invoice recipient agrees to delivery by electronic means.
3. Delivery
3.1The mutual written declarations are decisive for the delivery deadline of the translation. If the delivery date is an essential part of the order accepted by the contractor, the client must state this expressly in advance. A precondition for meeting the delivery deadline is the timely receipt of all documents to be supplied by the client in the stated scope (e.g. source texts and all necessary background information), as well as compliance with the agreed payment terms and other obligations. If these preconditions are not met in good time, the delivery deadline is extended appropriately.
3.2Failure to meet the delivery deadline entitles the client to withdraw from the contract only if the delivery deadline was expressly agreed as a fixed deadline (see item 3.1, first paragraph) and the client has fulfilled all preconditions of item 3.1, second paragraph. Claims for damages by the client are excluded, except for damage caused intentionally or by gross negligence.
3.3Unless otherwise agreed, delivery is made by e-mail.
3.4The risks associated with delivery (transmission) are borne by the client.
3.5Unless otherwise agreed, the documents made available by the client to the contractor remain with the contractor after completion of the translation order. The contractor has no obligation to store them or otherwise handle them. However, the contractor must ensure that these documents cannot be used in breach of the contract.
4. Force majeure
4.1In the event of force majeure, the contractor must notify the client without delay. Force majeure entitles both the contractor and the client to withdraw from the contract. The client must, however, reimburse the contractor for expenses already incurred and services already rendered.
4.2Force majeure includes in particular: accident; labour disputes; acts of war; civil war; the occurrence of unforeseeable obstacles which demonstrably impair decisively the contractor’s ability to carry out the order as agreed.
5. Liability for defects (warranty)
5.1All complaints about defects concerning the quality of the translation must be made within four weeks after delivery (handing over to the post) of the translation. The client must explain the defects in writing in sufficient detail and provide proof.
5.2To remedy defects, the client must grant the contractor a reasonable period of time and the opportunity to do so. If the client refuses, the contractor is released from liability for defects. If the contractor remedies the defects within the reasonable period, the client has no claim to a price reduction.
5.3If the contractor lets the reasonable grace period expire without remedying the defect, the client may withdraw from the contract or demand a reduction of the remuneration (price reduction). In the case of insignificant defects there is neither a right of withdrawal nor a right to a price reduction.
5.4Warranty claims do not entitle the client to withhold agreed payments or to set off claims.
5.5For translations used for printed matter, liability for defects exists only if the client expressly states in writing in the order that it intends to publish the text and if proofs are submitted to the contractor (author’s corrections) up to and including the version of the text after which no further changes are made. In this case the contractor must be paid reasonable compensation for the proofreading, or a reasonable hourly fee to be invoiced by the contractor.
5.6There is no liability for defects whatsoever for the translation of source documents that are difficult to read, illegible or incomprehensible. This also applies to reviews of translations under items 2.9 and 5.5.
5.7Stylistic improvements or the harmonisation of specific terminologies (in particular industry-specific or company-specific terms) etc. are not recognised as translation defects.
5.8There is no liability for defects whatsoever for order-specific abbreviations that were not stated or explained by the client when the order was placed.
5.9The contractor accepts no liability for the correct rendering of names and addresses in source documents that are not in Latin script. In such cases the client is advised to write out names and proper names on a separate sheet in Latin block letters. This also applies to illegible names and numbers in birth certificates or other documents.
5.10Numbers are rendered according to the manuscript only. No liability is accepted for the conversion of numbers, measures, currencies and the like.
5.11For manuscripts, originals and the like supplied by the client, the contractor is liable as custodian within the meaning of the Austrian General Civil Code (ABGB) for a period of four weeks after completion of the order, unless they are returned to the client with the delivery. There is no obligation to take out insurance. Item 3.5 applies mutatis mutandis to the return.
5.12No liability whatsoever is accepted for the provision of translators and interpreters, except for damage caused intentionally or by gross negligence in the selection.
5.13No liability is accepted for proofreading services under item 2.9 if the source text is not made available.
5.14When translations are transmitted by data transfer (such as e-mail, modem, etc.), the contractor is not liable for defects and impairments arising in the process (such as virus transmission, breach of confidentiality obligations), unless the contractor is grossly at fault.
6. Damages
6.1Unless mandatory law provides otherwise, all claims for damages against the contractor are limited to the amount of the invoice (net). Cases in which the damage was caused by gross negligence or intent are excluded from this limitation. There is no liability for lost profit or consequential damage.
6.2If the contractor has taken out professional liability insurance for financial losses, claims for damages are limited to the amount that the insurer pays in the specific case.
7. Payment
7.1Unless otherwise agreed, payment is to be made in cash when the translation is handed over or immediately after receipt of the delivery. The contractor is entitled to demand a reasonable payment on account. Private individuals and foreign clients may be required to pay the full order amount in advance. If collection has been agreed and the translation is not collected by the client in good time, the client’s obligation to pay arises on the day the translation is made available for collection.
7.2In the event of default in payment, the contractor is entitled to retain supplied order documents (e.g. manuscripts to be translated). In the event of default, default interest of 2% above the respective interest rate of the National Bank is charged.
7.3If the payment terms agreed between client and contractor are not observed, the contractor is entitled to suspend work on the orders it holds until the client meets its payment obligations. This also applies to orders for which a fixed delivery time was agreed (see item 3.1). If the value of the payment obligation is grossly disproportionate to the value of the documents, retention is possible only up to the value of the payment obligation. By the suspension of work, on the one hand the client acquires no legal claims, and on the other hand the contractor’s rights are in no way prejudiced.
8. Confidentiality
The contractor is obliged to maintain confidentiality. It must ensure that persons commissioned by it undertake to maintain confidentiality. The contractor is not liable for non-compliance with this obligation by the persons commissioned, except in the case of gross fault in the selection of the person commissioned.
9. Place of jurisdiction
The place of performance for all contractual relationships subject to these terms and conditions is the contractor’s place of business. For legal disputes about the existence or non-existence of such a legal relationship and for legal disputes arising from such contractual relationships, the court of the contractor or, at the contractor’s choice, the general place of jurisdiction of the client has exclusive jurisdiction for actions brought by the contractor; for actions against the contractor, the general place of jurisdiction of the contractor has exclusive jurisdiction. Austrian law is agreed to apply.
10. Validity of the contract
Even if individual items are legally ineffective, the contract remains binding in its other parts.