General Terms and Conditions

1. Scope

(1) These General Terms and Conditions apply to the business relations between “Komunikando – Diplom-Übersetzer Natalie Krugiolka” (service provider) and its clients (or customers), unless otherwise expressly agreed or indispensably prescribed by law. The GTC are accepted by the client by placing the order and shall apply for the entire duration of the business.

(2) The Client’s terms and conditions shall only be binding on the Service Provider if the Client has expressly acknowledged them.

2. Scope of language services

(1) The assignment shall be carried out carefully in accordance with the principles of proper professional practice. The client shall receive the contractually or verbally agreed service.

3. Duty of cooperation and clarification of the client

(1) The client shall inform the service provider of details regarding the desired forms of execution of the services (in the case of translations and proofreading, e.g. intended use, readiness for printing, external form; in the case of interpreting services, duration, location, occasion or framework of the assignment). In the case of translations or proofreading intended for printing, the service provider shall receive a proof in good time before printing so that he can correct any errors.

(2) The Client shall provide the Service Provider with the information and documents required for the performance of the service at the latest when the order is placed (e.g. terminology lists, glossaries, abbreviations, illustrations, tables, scripts, presentations).

(3) In the case of translations, the client is required to check the texts prepared by the service provider for the correctness of names, dates and numbers himself. This also applies to proofreading services, unless otherwise agreed.

(4) The client shall assume responsibility for any necessary copyright issues and permissions, including ensuring that a translation may be made. In the event of claims by third parties (e.g. due to copyright infringements), the client shall indemnify the service provider against such claims.

(5) In the case of interpreting services that are recorded or subsequently transcribed and further used, the service provider shall have the right to inspect and, if necessary, correct them.

(6) Errors and delays resulting from the Client’s failure to comply with its duty to cooperate and provide information shall not be at the Service Provider’s expense.

4. Rights of the client in case of defects

(1) The service provider reserves the right to rectify defects. The client is initially only entitled to the elimination of any defects contained in the service.

(2) The client shall assert the claim for rectification of defects, specifying the defect precisely, within two weeks and granting a reasonable period of time for rectification. There shall be no liability for defects caused by faulty, incomplete or difficult-to-read text templates.

(3) In the event of failure to remedy the defect, the statutory warranty rights shall apply.

5. Liability

(1) All claims for damages against the Translator, including consequential damages, shall be limited to the amount of the invoice (net), unless otherwise stipulated by law. Excluded from this are cases in which the damage was caused and is the fault of the Translator (i.e. only by the translation itself, not by the source text) due to gross negligence or intent, or in the case of personal injury according to the Product Liability Act.

(2) The client’s claims against the service provider due to defects in the service (§ 634a of the German Civil Code (BGB)) shall become statute-barred one year after acceptance of the service, unless there is fraudulent intent.

(3) Contrary to §634a of the German Civil Code (BGB), liability for consequential harm caused by a defect is limited to the statutory period of limitation. § Section 202 (1) BGB remains unaffected by this.

(4) The electronic transmission of texts and data is at the risk of the client. The service provider shall not be liable for any deficiencies with regard to data security, confidentiality, virus transmissions and data damage.

(5) The service provider shall not be liable for the loss of documents due to fire, water or natural forces as well as burglary or theft.

(6) The service provider assumes no liability in the event that the certified translation is not accepted by the requesting authority. It is the client’s responsibility to clarify in advance whether the service provider meets the requirements set by the authorities. It is also the client’s responsibility to find out whether the translation is to be provided with an apostille or similar.

6. Confidentiality

(1) The service provider undertakes to maintain confidentiality about all facts that become known to it in connection with an activity for the client. All documents, texts and materials shall be treated confidentially.

7. third party involvement

(1) The service provider shall have the right to call upon employees or expert third parties for the execution of the order.

(2) If third parties are used, the service provider shall be obliged to ensure that they undertake to maintain confidentiality in accordance with No. 6.

8. Remuneration

(1) In addition to the agreed fee, the service provider shall be entitled to reimbursement of the expenses actually incurred and agreed with the client.

(2) If no agreement has been made in advance on the amount of the fee, a remuneration that is appropriate and customary for the type and difficulty of the service shall be owed. In the case of translations, the rates listed in the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz – JVEG) shall be deemed to be reasonable and customary.

9. terms of payment

(1) Upon delivery of the services (in the case of translations or proofreading) or upon completion of the interpreting assignment, the client shall receive an invoice from the service provider.

(2) The invoices of the service provider are due without deduction and payable within 14 days of the invoice date. Payment is possible in cash or by bank transfer.

(3) In the event of late payment, the Service Provider reserves the right to charge additional reminder fees and interest on arrears in accordance with applicable law.

(4) In the case of extensive services and generally in the case of orders from abroad, the service provider may demand an advance payment of a partial sum or the total amount. He also has the right, in justified cases, to make the handover of his work dependent on the prior payment of his full fee.

10. Retention of title and copyright

(1) The services remain the property of the service provider until payment has been made in full.

(2) The service provider reserves any copyright that may have arisen in connection with the services provided.

(3) Interpreting services may only be recorded, transcribed and further used with the consent of the service provider.

11. Right of termination and withdrawal

(1) Termination of the contract by the client until completion of the service must be made in writing to the service provider. In this case, the service provider is entitled to compensation for lost profit in the amount of the order value.

(2) In the case of orders that come about through the service provider’s internet offer, the client waives any right of withdrawal, insofar as the service provider has already started processing the order and has informed the client of this.

(3) Interpreting assignments can be cancelled up to 10 days before the assignment date without additional costs. If the interpreting assignment does not take place for reasons for which the client is responsible, 25% of the agreed fee shall be paid up to one week before the assignment and 50% up to three days before the assignment. If the assignment does not take place for reasons for which the service provider is responsible, the service provider shall inform the client as soon as possible and offer to provide a substitute interpreter of equal value.

12 Jurisdiction and Applicable Law

(1) German law shall apply to the order and all claims arising therefrom. The place of performance and jurisdiction is Berlin.

(2) The contractual language is German.

13. Severability clause

(1) The validity of these General Terms and Conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. The invalid provision shall be replaced by a valid one which is as equivalent as possible to its economic result or its intended purpose.

Last updated: May 2023