General Terms and Conditions
- The following General Terms and Conditions apply to the contractual relationship between t’works GmbH, Hauptstraße 3, 84144 Geisenhausen and its customers.
- t’works GmbH operates a translation service for the preparation of translations and the provision of interpreting services.
- Interpreters may only be used for the assignment for which they have been booked. They cannot be used for additional assignments on site such as written translations, taking minutes or organisational activities.
- Texts with content and texts liable to prosecution that offend common decency may be rejected by t’works GmbH – even after conclusion of the contract. Otherwise, a text may only be rejected under special circumstances – even after conclusion of the contract – e.g. if a translation of reasonable quality cannot be provided within the period of time indicated by the customer due to the difficulty and/or the volume of the original text.
The interpreter has the right to refuse to work at the customer’s premises for serious reasons, e.g. moral and ethical reasons.
- The source and target languages are currently English, French, German, Spanish and Italian, and forty other languages. Other languages are possible on request.
- Texts are usually submitted to t’works GmbH by the customer in electronic form. As a rule, the customer also receives the translation in electronic form.
In the case of interpreting, sufficient information must be available to enable the interpreter to work to an appropriate quality standard. The customer is obliged to provide the interpreter with written documents in due time before the start of the assignment.
- Together with the order, the customer must specify the field(s) of expertise that, in their opinion, the text or interpreting assignment relates to. It is in the customer’s interest to provide this information with the greatest possible care. If customer have specific terminology requirements, they must inform us of these and provide appropriate reference material (sample texts, terminology lists and the like). This approach should be applied to achieve the best possible translation or interpreting results.
The customer can book time-sensitive translations as rush orders. If required, they must clearly indicate this in their order or enquiry.
- Customers can choose whether they approve their text for translation from the outset, subject to acceptance of the order by t’works GmbH, or to request t’works GmbH in advance to prepare a quotation for the costs and time required for the translation. This quotation is free of charge and non-binding for both parties.
The contract is effectively entered into if t’works GmbH does not inform the customer within two (2) working days after receipt of an order that t’works GmbH cannot complete the order in the requested form.
- If it becomes apparent after acceptance of the order by t’works GmbH that the order cannot be completed within the agreed period for valid reasons (e.g. the translator or interpreter is sick, or technical faults in the network), t’works GmbH will inform the customer without delay.
- In the case of interpreting, a cancellation fee amounting to 50% of the agreed fee plus any travel or other costs already incurred will be payable if the customer cancels the order within 48 hours prior to the planned assignment. In the event of cancellation of the order within 24 hours before the planned assignment, the full amount of the agreed fee plus any travel or other costs already incurred will be payable. The customer has the right in all cases to provide evidence that t’works GmbH has in fact incurred lower losses.
- The minimum order value for orders is between EUR 35.00 and EUR 90.00 (plus VAT*), depending on the language combination.
* Only if the order is placed by a consumer resident in the territory of the European Union, a domestic businessperson or a domestic company.
A translation is usually a different length to the original text. Since the calculation of the final price is based on the length of the target text, the final price can only be quoted after the translation is complete. Prices may be adjusted depending on the source text’s degree of difficulty and subject matter and the amount of DTP work involved. In such cases, the customer will be informed of the offer price as soon as possible after receipt of the text and the specifications in accordance with Section 7. In the case of interpreting, invoicing is on an hourly basis, with a minimum of one hour to be booked. Travel and accommodation costs and other expenses are payable by the customer; t’works GmbH undertakes to organise cost-effective travel and accommodation (2nd class rail, Economy class flight, three-star hotel). At the request of the customer, higher costs can be agreed with in greater detail in advance.
- t’works GmbH undertakes to have the translation or interpreting carried out in such a way that there are no deficiencies. Insignificant deficiencies will be disregarded. t’works GmbH further undertakes to ensure that the translation is carried out without abbreviations or additions. t’works GmbH reserves the right to insert comments, footnotes, etc. for a better understanding of the text in the target language, if necessary. The translators and interpreters work according to customary professional practice and perform their work to the best of their knowledge and belief.
- In the case of interpreting services, the customer must provide the interpreter with good working conditions, e.g. to ensure perfect audibility during booth interpreting and sufficient working space. Sufficient time must be allowed for them to take their meals in peace. All written texts that the speakers will read must be made available in time.
Two interpreters must be booked for simultaneous interpreting. The necessary technical facilities must be provided by the customer.
- The finished translation will be checked by t’works GmbH for completeness and data format as well as other deficiencies that are apparent at first glance, and then forwarded to the customer. If the customer does not raise any objections within 14 days, beginning at the end of the day on which the translation was sent to the customer ( documented for example by the transmission record), the translation is deemed to have been approved. In this case, the customer waives all claims to which they might be entitled due to possible deficiencies in the translation.
If the customer complains about an objective, not merely insignificant, deficiency within the 14-day period, this deficiency must be described as precisely as possible in text form (e.g. letter, fax, email). At the same time, the customer must inform t’works GmbH of the time frame within which the deficiency is to be rectified. t’works GmbH will then arrange for the deficiency to be rectified within that period, provided it is reasonable, and otherwise within a reasonable period.
If the first attempt to rectify the deficiency fails, t’works GmbH shall be entitled to rectify the translation again on the basis of the deficiencies described by the customer in text form as precisely as possible. If the second attempt to rectify the deficiency also fails, the customer is entitled to reduce the agreed fee or to cancel the contract, at its discretion. In the latter case, all rights to the translation revert to t’works GmbH.
The customer is only entitled to further rights due to translation deficiencies if t’works GmbH, one of its legal representatives or one of its agents has acted with intent or gross negligence. On the other hand, t’works GmbH will be liable in the event of breach of essential contractual obligations and health in the event of any fault.
In all cases, liability will be limited to foreseeable, typically occurring losses and does not include consequential losses or loss of profit. The amount of liability is limited to double the agreed remuneration, and in any event to a maximum of EUR 20,000 per claim.
- In the case of interpreting services, deficiencies can only be claimed against the interpreter on site and must be rectified on site. The customer must provide t’works GmbH with written information immediately after completion of the interpreting assignment about the nature of the deficiency and how it was rectified.
- If the agreed completion date for a translation is exceeded by more than 48 hours, the customer is entitled to reduce the agreed fee by 5% of the agreed fee for each additional full day (24 hours) of delay, provided that the delay is not due to force majeure. The customer is only entitled to assert additional claims if t’works GmbH, one of its legal representatives or one of its agents has acted with intent or gross negligence.
t’works GmbH will ensure that the interpreter appears punctually, except for reasons of force majeure.
- t’works GmbH will charge the customer the fee for the translation or interpreting service immediately after its completion or performance.
- Notwithstanding the above (data loss or data manipulation outside the sphere of influence of t’works GmbH), t’works GmbH shall keep confidential any facts and circumstances that become known in the course of performing the contract, unless t’works GmbH is obliged to disclose the information due to an official or court order, statutory requirements, etc. The translators employed by t’works GmbH will also be obligated by t’works GmbH to maintain appropriate confidentiality.
- t’works GmbH warrants that the customer can use the translation without any restrictions in terms of time and space and without any limitation in the number of copies according to the notified intended purpose. The customer is also entitled to edit the translation, as well as to transfer the rights to the translation to third parties by way of licence or otherwise. t’works GmbH will indemnify the customer against all claims by the translator. However, the copyrighted rights of use to the translation will only be transferred to the customer after full payment of the fee. Conversely, the customer guarantees that it is entitled to all rights to the text to be translated and that it is fully authorised to have the text translated. The customer will indemnify t’works GmbH against all claims in this respect.
In the case of interpreting services, the spoken word prevails, i.e. the product is intended for immediate listening. If radio/television/Internet transmission or subsequent replay is planned, it should be noted that recording and reuse of the interpreting service is generally possible. However, this must be agreed in writing in advance with t’works GmbH in all cases and may also involve a separate fee.
- The following applies due to possible disruptions affecting the internet or providers that are outside the sphere of influence of t’works GmbH: If the prevailing conditions provide for communication by email and the customer is expecting a response from t’works GmbH under the circumstances of the specific case, but this does not occur, the customer is obliged to notify t’works GmbH of this by other suitable means (e.g. by telephone or fax). Due to the electronic communication between the customer, t’works GmbH and the translator, 100% confidentiality cannot unfortunately be guaranteed. In particular, it cannot be ruled out that emails may inadvertently be lost or intercepted, forged or falsified by third parties. The customer is entitled to request transmission by fax, post or courier against reimbursement of the costs.
Notwithstanding the above in this section (data loss or data manipulation outside the sphere of influence of t’works GmbH), t’works GmbH will keep confidential any facts and circumstances that become known in the course of performing the contract, unless t’works GmbH is obliged to disclose the information due to an official or court order, statutory requirements, etc. The translators employed by t’works GmbH will also be obligated by t’works GmbH to maintain appropriate confidentiality.
- If parts of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions. The contractual relationship between t’works GmbH and the customer is governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sales of Goods.
As far as permissible, Landshut is the exclusive place of jurisdiction.
Date: 26 April 2019