Vor Brach 14
Tel.: +49 (0) 7473/924 1995
Fax: +49 (0) 7473/924 1997
VAT ID no.:
1. Scope of application
(1) These terms of engagement apply to contracts between the translator and client unless any other
express agreement has been made or is legally mandatory.
(2) Any general terms and conditions laid out by the client shall only be binding for the translator if
the translator expressly recognises them. Any supplementary agreements, promises or other
arrangements, amendments or additions must be made in writing in order to be valid.
2. Scope of translation order
(1) The translation shall be carried out carefully and in line with professional standards. The client
shall receive the version of the translation which was contractually agreed upon. Separate agreements
shall be made for any additional services and these shall be billed separately. Among other things, the
translator may refuse to carry out work if a translation of appropriate quality cannot be provided within
the time frame proposed by the client due to its level of difficulty or length. No claim may be made to
payment if the work is refused.
(2) When delivering texts in non-Latin scripts by e-mail or on a CD-ROM, the translator is not obliged
to supply the software required to open the files.
(3) A fee per line of target text translated is suggested as a means of calculating the translation invoice.
One line is defined as 55 characters (including spaces) as set out in DIN 2345. The number of lines
shall be counted using the standard programme word count function.
3. Client's duty to cooperate and provide information
(1) The client shall inform the translator in a timely manner about preferences regarding the forms
the translation is to take (purpose of translation, data carriers for delivery, number of copies,
appearance of translation and whether it should be ready for press, etc.). If the translation is due to
go to press, the client shall enable the translator to proofread the final draft before printing begins in
order to remove any errors. The client shall check names and figures.
(2) At the time the order is placed, the client shall provide the translator with any information and
documents required for the translation to be carried out (client's own terminology, any illustrations,
drawings, tables, abbreviations, internal terms, etc.).
(3) Any errors or delays resulting from information and instructions being delivered late or failing
to be delivered shall not be charged to the translator.
(4) The client shall bear the liability for any rights to the text and ensure that a translation is permitted.
The client shall release the translator from corresponding demands made by third parties.
4. Client's rights in case of defects
(1) The translator retains the right to rectify any defects. Initially, the client is only entitled to have any
defects in the translation rectified.
(2) The client must assert its right to have defects rectified by describing the precise defects in question.
(3) If the translator does not rectify the defects described within an appropriate period of time, if the
translator refuses to rectify the defects or if the rectification can be considered to have failed, then the
client may, after hearing out the translator at the latter's expense, hire another translator to rectify the
faults or, alternatively, call for a fee reduction or withdraw from the contract. The rectification shall be
considered to have failed if the translation still contains defects after several attempts to correct it.
(1) The translator shall be liable for gross negligence and deliberate acts. Gross negligence shall not
include damage caused by computer failure, disrupted e-mail transfers or viruses. The translator shall
take measures to prevent the latter using anti-virus software. In the case of ordinary negligence, liability
shall only apply where primary obligations have been violated.
(2) The client's claims against the translator for compensation for damage caused pursuant to No. 5
(1), Sentence 4 shall be limited to EUR 5,000. In individual cases, higher compensation for damage
may be agreed upon specifically.
(3) Exceptions to or the limitation of liability pursuant to No. 5 (1) and (2) shall not apply in the case of
damages claimed by a consumer resulting from injury to life, limb or health.
(4) Except in cases of intention to deceive, claims made by the client against the translator regarding
defects in the translation (Section 634a of the German Civil Code, BGB) shall become time-barred
one year after the translation is checked by the client.
(5) Contrary to Section 634a of the German Civil Code, liability for consequential harm caused by a
defect shall be limited to the legal statute of limitation. This shall not apply to Section 202, Subsection
1 of the German Civil Code.
6. Professional secrecy
The translator commits to maintaining secrecy regarding all facts of which he or she becomes aware
in connection with working for the client.
7. Collaboration with third parties
(1) The translator is entitled to involve members of staff or third parties with specialist knowledge to
help fulfil the order.
(2) When third parties with specialist knowledge are involved, the translator shall ensure that they
are bound to confidentiality in accordance with No. 6.
(1) The translator's invoices fall due and are to be paid in full within 14 days following the date on
(2) All prices are net and do not include statutory turnover tax.
(3) An additional fee shall be charged for certification. No liability shall be borne for the correct
transcription of names and addresses on handwritten certificates. The same shall apply for proper
names and figures which are illegible.
(4) In addition to the agreed fee, the translator shall also be entitled to claim actual expenses accrued
and agreed with the client. Where legally required, value-added tax shall always be calculated separately.
In the case of extensive translations, the translator may demand an advance, set at a reasonable level.
The translator may arrange with the client in advance and in writing that the work will only be submitted
once his or her fees have been paid in full.
(5) If payment is delayed, the translator is entitled after an appropriate period to withdraw from the
contract or to demand compensation for non-fulfilment. If payment is delayed, the translator is entitled
to charge interest on the arrears of 5 (five) percentage points above the Deutsche Bundesbank base
lending rate at the time in question, from the day on which the delay begins until payment is made in full
(6) If a fee has not been agreed, the client owes the translator a fee that is appropriate and usual
considering the type and difficulty of the translation. This shall not fall below the rates set out at the
time in question in the Judicial Remuneration and Compensation Act (JVEG; Justizvergütungs- und
9. Reservation of title and copyright
(1) The translation remains in the possession of the translator until full payment is made. Until then
the client has no rights of usage.
(2) The translator shall retain the right to any copyright.
To the extent that the placement of the translation order is based upon the translator advertising on the
Internet that he or she will carry out translations, the client shall waive any existing right of withdrawal
if the translator has started translating the text and informed the client thereof.
11. Applicable law
(1) German law shall apply regarding the order and any claims resulting from it.
(2) The place of performance shall be the translator's place of residence or the location of his or her
(3) The place of jurisdiction shall be the place of performance.
(4) The contract shall be concluded in German.
12. Severability clause
The validity of these terms of contract shall not be affected by the voidness or the invalidity of any
individual stipulations. Any invalid stipulation shall be replaced by a valid one which most closely
reflects the intended economic outcome or purpose.
13. Revisions and amendments
Any revisions or amendments made to these terms and conditions shall only be valid if agreed in writing.
This shall also apply for any amendment to the requirement of the written form.