§ 1 General information
LEaF Translations Lucy Pembayun (“Translator”), 5 Keble Park South, York, YO23 2SU, United Kingdom provides translation services. These services include the translation of texts from the German language into the English language (“translations”). These Terms of Business (“T&Cs”) apply to all services provided by the translator to contractual partners for translations. The terms and conditions of the contractual partner (“Client”) do not apply.
§ 2 Conclusion of contract
1. The Translator shall provide a quote for the translation service. This quote is based on the information and files provided by the Client.
2. The Client can accept the quote in writing within 5 days, unless otherwise agreed by the Parties.
§ 3 Obligations of the Client
1. The Client provides the Translator with a copy of the text to be translated (“manuscript”) free of charge.
2. The Client provides the Translator with all of the documents required for the translation in good time; i.e. prior to the agreed date when the work will commence.
3. The manuscript must comply with the general rules of language.
4. The Client declares that they own the rights to the manuscript. The Client indemnifies the Translator from all claims by third parties, including the costs of legal proceedings caused by alleged infringements arising from or in conjunction with the manuscript.
5. The Client must add the statement that only the German text and not the translation is legally binding to all translations.
6. If the Client wishes for certain terminology to be used in the case of technical texts, the client must provide the Translator with the appropriate terminology; otherwise commonly used language will be used in the translation.
7. If the Client disregards his/her duties to co-operate, the Translator is not liable for any resulting deficiencies in the translation..
§ 4 Obligations of the Translator
1. The Translator may use the services of suitable third parties for the translation.
2. The translation is from the German to the English language.
3. The Parties agree upon the style of the translation – i.e. literal or non-literal – on a case-by-case basis. Each translation is carried out in accordance with the generally applicable quality standards of the translation industry for the respective languages. Specialist terminology requested by the Client is only incorporated if agreed in advance.
4. The Translator handles all information provided with full confidentiality and is committed to passing this obligation onto any third parties.
§ 5 Alterations
If the Client makes substantial changes to the manuscript after conclusion of the contract, the Translator is entitled to change the delivery date or to withdraw from the contract. In the latter case, the Client pays for the translation work completed to this point. The Client is obligated to pay for any additional work resulting from the changes in line with the respective expenses accrued.
§ 6 Usage rights
1. Insofar as the Translator is awarded copyrights or similar protective rights through completing the translation, the Translator will transfer these rights to the Client when the Client pays for the services. The transfer is spatially unlimited and for the duration of the legal term of copyright and includes the exclusive right to reproduce and disseminate the translation.
2. In the case of an extension to the legal term of copyright by the legislator, this contract also applies for the renewal period.
3. If the Client makes changes to the translation, the Translator is no longer liable for the translation.
§ 7 Delivery of the translation
1. The Translator is obligated to deliver the translation to the Client by email as a Word document.
2. The Parties agree delivery dates on an individual basis.
3. If an agreed delivery date is not adhered to, the Client sets the Translator an appropriate period of grace. The Client can only withdraw from the contract once this period has elapsed.
4. Agreed delivery dates are no longer binding if the manuscript is altered once the translation process has already begun.
5. The Translator is entitled to save the translation.
§ 8 Complaints about the translation
1. If the Client believes that the translation does not comply with the requirements of § 3, he/she informs the Translator within 14 days of receiving the full translation, providing specific reasons for the complaint.
2. Complaints are only permissible in certain cases, i.e. in the case of incorrect translations or grammatical errors.
3. In the case of incorrect or untimely complaints, the translation is considered to have been approved.
4. If the Translator does not correct the objected defects within a period of 2 weeks, the Client is entitled to withdraw from the contract.
5. The Client is liable for deficiencies regarding the manuscript, in particular for incorrect, incomplete and illegible text which leads to delays or deficiencies in the translation.
§ 9 Liability
1. The Translator performs all services with great care. The Translator is liable in the case of the infringement of essential contractual duties (cardinal obligations). The essential contractual obligation is the translation of the manuscript into the English language. Liability is not accepted for the intended purpose; no liability is accepted by the Translator in the case of no economic success. The Translator is liable for damages in the case of injury to life, body and health, or other damages caused by a deliberate or grossly negligent breach of duty by the Translator, their legal representative or vicarious agents. Claims for damages by the Client are excluded in all other cases.
2. The Translator is only liable for gross negligence and intent. In these cases, liability is limited to three times the invoice value. In the case of slight negligence, the Translator is only liable in the case of infringement of essential contractual obligations and in the case of foreseeable damage typical of the contract. In these cases, liability is limited to the invoice value. The aforementioned limitations of liability and exemptions do not apply in the case of fraudulent concealment of defects nor for injury to life, body or health.
3. The limitations of clauses 1 and 2 also apply for the benefit of legal representatives and vicarious agents of the Translator, in cases where claims are made directly against these persons.
§ 10 Remuneration
1. In return for her work and for the transfer of all rights in line with § 4, the Translator receives remuneration to the value individually agreed by the Parties.
2. The Translator is entitled to demand a deposit of up to 50% of the agreed fee upon conclusion of the contract.
3. The Parties can agree installation payments.
4. Insofar as the Translator demonstrates that she is VAT-registered, the Client must pay the VAT owed in addition to the remuneration.
5. Insofar as the Parties do not agree otherwise, the remuneration is due upon delivery of the translation at the latest. Payment is made by bank transfer, within 14 days of the invoice being issued.
6. If the processing of the payment fails due to reasons for which the Translator is not responsible, the Translator retains her claim to the remuneration agreed as stated in clause 1.
7. The Client is obligated to the pro-rata remuneration of the translation if it is not completed due to the early termination of the contract.
8. If the Client falls into arrears settling the invoice, the amount owed is subject to 5% interest above the base rate of interest.
§ 11 Naming the author, references
1. Unless otherwise agreed by the parties, the Client is obligated to name the Translator as the author of the translation of the work in an appropriate manner, even without their express instruction to do so.
2. The Translator is entitled to name the Client as a reference for their own marketing purposes.
§ 12 Applicable law, place of fulfilment, place of jurisdiction
1. This contract is solely subject to English law in terms of its conclusion and all of its effects.
2. The place of fulfilment and sole place of jurisdiction for all disputes arising from or in conjunction with this contract is York, to the extent permitted by law.
§ 13 Severability clause
The inefficacy of individual clauses from this contract does not affect the validity of the remainder of the contract. The regulation that best conveys the sense and purpose of the ineffective clause is used in place of the ineffective clause.