General terms and conditions
These General Terms and Conditions apply to business relations between Die Sprachprofis (DSP) and its clients, even if DSP no longer refers to these General Terms and Conditions when accepting individual orders.
The translator's task is to render a given text linguistically and technically correct in another language. The client shall be liable for any defects in the original text. DSP shall not be liable for defects in the artwork unless the galley proofs have been submitted to DSP. Alignment with technical terminology introduced by the client shall only be carried out after corresponding agreement and if sufficient and complete documents, such as pre-translations or word lists, are provided 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 shall first be granted a reasonable period of time. Only after this period has expired may the Ordering Party demand redhibitory action or reduction. Further claims are excluded. The Ordering Party shall remain obliged to pay for the services rendered by DSP up to his threat of refusal. If DSP is prevented from completing the services due to force majeure or other unavoidable circumstances for which DSP is not responsible, the Ordering Party shall not be entitled to claim redhibitory action or reduction.
Terms of payment
Invoices from DSP are to be paid immediately after receipt without any deduction. If the customer is in default, DSP can demand interest at a rate of 5% above the base interest rate of the Deutsche Bundesbank until receipt of the complete claim. In principle, only the client is obliged to pay; payments by third parties will only be accepted if they are received in due time in the full amount of the invoice amount and the client, invoice and order number are clearly identifiable. A right to withhold payments is generally excluded.
The copyright and all rights of use of translations and terminological databases produced by DSP remain with DSP until the invoice has been paid in full. These rights are not transferred to the client until full payment has been received.
Warranty and liability
DSP must be notified of any errors in the translation within a period of four weeks after dispatch. Liability for damages arising from the fact that the client has passed on the service without checking it is excluded. In the event of justified complaints, DSP shall be entitled to rectification. The Ordering Party shall only be entitled to withdraw from the contract if the rectification of defects fails. Any further claims, regardless of their legal basis, are generally excluded. If the Ordering Party demands the use of his technical terminology, DSP shall be released from any liability in this respect. In any case of negligent action, DSP's liability shall be limited to a maximum of the insured sums agreed for professional and business liability insurance.
Place of 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 shall not affect the validity of the remaining provisions. The contracting parties agree to replace an invalid provision by a provision which is equivalent in its economic result.