GENERAL TERMS AND CONDITIONS

1. Scope

The following terms and conditions apply to any agreement or contract reached between the translater/interpreter Bettina Chegini (subsequently: the Linguist) and her principals/clients (subsequently: the Principal), unless expressly agreed otherwise, or mandatory according to statutory regulation.
The general terms and conditions/purchase conditions etc. of the principals/clients are binding for the Linguist only insofar as the Linguist has approved such conditions expressly in writing.

2. Execution of the order

Generally, any placement of orders shall be undertaken by written enquiry followed by the offer submitted by the Linguist, and acceptance of such offer on behalf of the principal/client.
Each and every order will be executed accurately and with diligence. The Principal shall receive the agreed performed work in the agreed quality. According to the agreement concluded, the performed work shall be delivered on the basis of BS EN 15038:2006, i.e. according to the four-eye-principle, or printable, in legalised (sworn), simple or draft form.

3. Cooperation of the Principal

The Principal shall inform the Linguist in advance about the objective and scope of the service that shall be provided, readiness for printing, terms of delivery, quantity of the copies needed and – for interpreting services – the number of interlocutors, estimated duration and the issues that will be treated. If any document suitable to facilitate execution of the order is available, the Principle shall convey such documents (e.g. records, dossiers, glossaries, terminology, abbreviations) to the Linguist.
Insofar as such information has not been provided, the Linguist shall be discharged by any liability for errors which may occur.

4. Translations

Generally, translations will be calculated for invoicing on the basis of standard lines in the target language; anyway, there might be made other arrangements, e.g. invoicing on the basis of words in the source text. The number of characters per standard line will be determined with customary software. The prices per standard line range from € 1.25 to € 2.05 plus VAT (USt.), according to the sort of text and difficulty. For urgent translations, work during weekends and holidays and/or extensive formatting there will be a surcharge, whereas for text repetitions and/or large-scale orders a discount might be granted.
Minimum order value: € 30.00 plus VAT (USt.), for sworn translations the minimum order value is € 50.00 plus VAT (USt.).

5. Interpreting for negotiations and authorities

In case of hourly accounting of interpreting services, the trip to and from the venue will be calculated as working time; otherwise a lump sum might be agreed. The prices are orientated towards the JVEG (German Remuneration and Indemnity Code for the Judicial Authorities), which sets forth € 70.00/75.00 per hour plus VAT (USt.). Notarial recordings will be charged with € 80.00/hour plus preparation time, plus VAT (USt.). In case of diem allowances, the time needed for the trip to and from the venue shall be understood as already covered with the lump sum. Expenses such as travel costs, board and lodging shall be born or reimbursed by the Principal.

6. Editing, correction, formatting and other works

For such works which are invoiced at an hourly rate, € 60.00/hour plus VAT (USt.) will be charged.

7. Rectification of deficiencies

The Linguist reserves the right to remedy any claim that the Principal may raise, and/or her right to subsequent performance. The Principal is entitled to have rectified any deficiency that the translation may contain; he/she has to specify such deficiencies in detail.

8. Liability

The Linguist is only liable for intent and gross negligence. Malfunctioning caused by computer system failures, bugs, technical faults, problems with e-mail delivery or viruses shall not be considered as gross negligence. The Linguist will always use an up-to-date antivirus software, firewall and other up-to-date software. Any liability for slight negligence shall only apply for breaches of essential contractual obligations.
Any claim for damages on behalf of the Principal that may arise against the Linguist shall be limited to maximally € 5’000.00. A different claim for damages might be agreed upon; such agreement shall always require the written form.
The limitation period for any claim of the Principal against the Linguist that may arise is one year, beginning with the acceptance of the performed work, as regulated in S. 634 a BGB [German Civil Code].
For consequential damages, only the statutory limitation period shall apply.
The Linguist cannot be held liable for any subsequent modification made by third parties subsequently to delivery of the agreed performance.

9. Confidentiality

The Linguist undertakes to treat any fact and information that she may have learned of in the course of her activity for the Principal with strict conficentiality, and not to disclose them to any third person.

10. Cooperation of third parties

The Linguist might call in competent third parties for the execution of the order; thereof she shall inform the Principal in advance. Any execution of translation orders according to BS EN 15038:2006 requires the calling in of at least one colleague; this shall be agreed upon with the Principal in advance and shall be compensated adequately, with a higher rate.
In case of calling in such competent third parties, these parties shall be likewise bound by the obligation of confidentiality, which they shall undertake in writing.

11. Fees

Principally, the fee for the performed work shall always be owed by the Principal. Subsequent modifications of the recipient of the invoice are not possible.
With new clients and/or in justified cases, payment in advance and/or cash might be agreed.
The remuneration for the performances shall be due at the latest 30 days after receipt of the respective invoice, without any deduction.
Besides the remuneration, the Linguist shall also be entitled to reimbursement of the expenses agreed upon with the Principal.
All the prices are quoted before statutory VAT (USt.), insofar as VAT will be due.
For substantial, big and/or long-term projects, an adequate payment in advance may be agreed.

12. Withdrawal of the Principal

In case the Principal should, for any reason, withdraw from his/her order after its placement, the Linguist shall be entitled to be paid for the works already performed in execution of the order before receiving notice of the withdrawal.
For interpreting services at a certain date that have already been agreed and have not been cancelled at the latest 2 working days before that date, the Linguist shall be entitled to a compensation fee amounting to half of the agreed remuneration. Such compensation fee shall not contain arrival at and departure from the venue; travel and accomodation expenses which may have incurred already and cannot be cancelled shall be reimbursed. Any preparation time which may have already incurred for the interpreting service shall be remunerated as agreed.

13. Reservation of property rights

The performed work (subject of the order) shall remain property of the Linguist until full payment has taken place. Until then the Principal shall not be entitled accordingly to any usufruct.

14. Legal basis

Any order, its performance and any claim which may arise thereof are subject to German law.

15. Place of performance and place of jurisdiction

Place of performance is the place of business of the Linguist (Munich).
Place of jurisdiction is likewise the place of business of the Linguist (Munich).

16. Severability clause

In case single clauses contained in these General Terms and Conditions should be or become null or void, this shall not affect the validity of the remaining contractual clauses. In such case the contracting parties undertake to substitute the null or void clause by another clause which comes closest to the scope or economical result intended with that clause.

17. Written form requirement

Any modification or amendment of these Terms and Conditions requires the written form in order to come into effect.

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