GENERAL TERMS AND CONDITIONS

1. Scope

The following terms and conditions apply to any agreement or contract concluded between the translator/interpreter Bettina Chegini (hereinafter: the Linguist) and her principals/clients (hereinafter: the Principal), unless expressly agreed otherwise, or are mandatory according to statutory regulations.

The general terms and conditions/purchase conditions, etc. of the Principal are binding for the Linguist only insofar as the Linguist has expressly approved such conditions in writing.

2. Performance of the contract/agreement

Generally, orders are placed following a written enquiry from a Principal, an offer from the Linguist and acceptance of such offer by or on behalf of the Principal, in that sequence.

Each and every translation/interpreting service will be performed accurately and diligently. The Linguist shall perform the translation/interpreting service to the highest possible standard. The performed work shall be delivered on the basis of BS EN 15038:2006, i.e. according to the four-eye-principle, in printable/electronic form, 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, the costs of a translation will be calculated on the basis of standard lines in the target language, although other methods of calculations may be agreed between the parties, e.g. based on the number of words in the source text. The number of characters per standard line will be determined using customary software. Prices per standard line range from €1.25 to €2.05 plus Value Added Tax, depending on the type and complexity of the text. For urgent translations, for work performed over weekends and holidays and/or where extensive formatting is required, there will be a surcharge, whereas for text repetitions and/or large translations a discount may be granted at the discretion of the Linguist.

Minimum order value: €30.00 plus VAT, for sworn translations the minimum order value is €50.00 plus VAT.

5. Interpreting at negotiations and meetings with public authorities

For hourly calculation of interpreting services, travelling time to and from the venue will be calculated as working time; alternatively a flat rate may be agreed between the Linguist and the Principal. The prices follow the JVEG (German Remuneration and Indemnity Code for Judicial Authorities), which stipulates €70.00/75.00 per hour plus VAT. Notarial recordings will be charged at €80.00/hour plus preparation time, plus VAT. In case of diem allowances, the time needed for travel to and from the venue shall be understood as already covered by the flat rate. Expenses such as travel costs, parking fees and board and lodgings shall be borne or reimbursed by the Principal.

6. Editing, correction, formatting and other tasks

Such tasks will be charged at an hourly rate of € 60.00 plus (German) VAT.

7. Rectification of deficiencies

The Linguist reserves the right to remedy any deficiency that the Principal may identify, and/or her right for subsequent performance. The Principal is entitled to have any deficiency that the translation may contain rectified, the onus being on the Principal to specify such deficiency in detail.

8. Liability

a) The Linguist shall only be liable for wilful or 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 undertakes to use the most up-to-date antivirus software, firewalls and other suitable software. Any liability for ordinary negligence shall only apply for breaches of essential contractual obligations.

b) Any claim for damages on behalf of the Principal that may arise against the Linguist shall be limited to a maximum of €5,000,00 [five thousand euros]. A different claim for damages may be agreed upon between the parties; such agreement shall always require the written form.

c) 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 by §634a BGB [German Civil Code].

d) For consequential damages, only the statutory limitation period shall apply.

e) 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 facts or information that she may have learned of in the course of her activity for the Principal with strict confidentiality, and not to disclose such facts or information to any third party.

10. Involvement of third parties

a) The Linguist may avail of the services of competent third parties for the performance of the contractual services, in which case she shall inform the Principal in advance of such involvement. Any performance of translation services according to BS EN 15038:2006 requires the involvement of at least one colleague. This shall be agreed upon with the Principal in advance and shall be compensated adequately with a higher rate.

b) If the services of such competent third parties are availed of, these parties shall be likewise bound by the obligation of confidentiality, which they shall undertake in writing.

11. Fees

a) In principle, the costs for the performed work shall always be owed by the Principal. A subsequent change of name of the recipient of the invoice is not possible.

b) With new clients and/or where deemed appropriate by the Linguist, payment in advance and/or cash may be agreed.

c) Payment on issued invoices shall be due at the latest 30 days after receipt of the respective invoice without any deduction.

d) Besides remuneration for translating/interpreting services, the Linguist shall also be entitled to reimbursement of the expenses agreed upon with the Principal.

e) All prices are quoted before statutory (German) VAT, insofar as VAT is payable.

f) For substantial, ongoing or and/or long-term projects, an adequate payment in advance may be agreed.

12. Withdrawal of the Principal

a) Should the Principal for any reason cancel his or her order after placement, the Linguist shall be entitled to be paid for work already performed before receipt of notice of cancellation.

b) For interpreting services on a certain date that has already been agreed and has not been cancelled at the latest within 2 working days before that date, the Linguist shall be entitled to a compensation fee amounting to half of the agreed remuneration. Travel and accommodation expenses which may have already been incurred and which cannot be cancelled shall be reimbursed. Any preparation time which may have already accrued for the interpreting service shall be remunerated as agreed.

13. Ownership of work

The performed work (the subject of the contract or agreement between the Linguist and the Principal) shall remain the property of the Linguist until full payment has been made. Until then the Principal shall not be entitled to any usufruct.

14. Governing law

Any contract or agreement between the Linguist and the Principal, its performance and any claim which may arise therefrom are subject to German law.

15. Place of performance and place of jurisdiction

a) Place of performance is the place of business of the Linguist (Munich, Germany).

b) Place of jurisdiction is likewise the place of business of the Linguist (Munich, Germany).

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 economic result intended with that clause.

17. Written form requirement

In order to be effective, any modification or amendment of these Terms and Conditions must be in writing and be signed by the parties.