These General Terms and Conditions apply to business relationships between Die Sprachprofis (DSP) and its clients, even if DSP no longer refers to these General Terms and Conditions when accepting individual orders.
The task of the translator is the linguistically and technically correct rendering of a given wording in another language. The client is liable for defects in the text template. Liability is excluded for defects in print templates created if DSP did not have the proofs. Adaptation to a specialist terminology used by the customer only takes place after a corresponding agreement and if sufficient and complete documents, such as pre-translations or word lists, are made available when the order is placed.
Completion dates are only valid if they are expressly confirmed by DSP. If DSP is in default with its services, DSP must first be granted a reasonable period of time. Only after this period has expired can the client demand a change or reduction. Further claims are excluded. The client remains obliged to pay for the services rendered by DSP up until the threat of refusal. Insofar as DSP is prevented from completing the services due to force majeure or other unavoidable circumstances for which DSP is not responsible, a claim by the customer for conversion or reduction is excluded.
Terms of payment
Invoices from DSP are to be paid immediately upon receipt without any deduction. If the customer is in default, DSP can demand interest of 5% above the base interest rate of the Deutsche Bundesbank until receipt of the full claim. In principle, the client alone is obliged to pay; Payments from third parties will only be accepted if they are received on time in the full amount of the invoice and the customer, invoice and order number are clearly identifiable. A right to withhold payments is generally excluded.
The copyright and all rights of use to translations and terminological databases produced by DSP remain with DSP until the invoice has been paid in full. These rights are only transferred to the customer after full payment has been received.
Warranty and liability
Any errors in the translation must be reported to DSP within a period of four weeks after dispatch. Liability for damage resulting from the fact that the customer has passed on the service without being checked is excluded. In the case of justified complaints, DSP is entitled to remedy the defect. The client is only entitled to withdraw if the rectification fails. Any further claims, for whatever legal reason, are generally excluded. If the client demands the use of his specialist terminology, DSP is released from any liability in this respect. In any case of negligent action, DSP's liability is limited to the sums insured agreed for professional and business liability insurance.
Jurisdiction and Applicable Law
The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship is Hanover. German law applies.
The invalidity of individual provisions does not affect the validity of the others. The contracting parties agree to replace an ineffective provision with one that is equivalent in terms of its economic result.