General Terms and Conditions for Translation Agencies
1. Scope of Services
1.1 The following provisions shall apply to the scope of services
unless agreed otherwise in writing.
1.2 The Client shall inform the translation agency (hereinafter
Agency) for which purpose the translation is required, for
example if it
1.2.1 only serves information purposes,
1.2.2 will be published or is for advertising purposes,
1.2.3 for legal purposes or for patent applications,
1.2.4 or if it is intended for some other purpose for which
special translation requirements apply and must be taken
into consideration by the translator.
1.3 The Client shall only use the translation for the indicated
purpose. The Agency shall bear no liability whatsoever for
damages or loss of any kind in the event that the Client uses the
translation for another purpose other than that indicated to the
Agency when ordering the translation.
1.4 If the Client does not inform the Agency of the purpose of the
translation, the Agency shall complete the translation to the best
of its knowledge and ability for informational purposes (see Item 1.2.1).
1.5 The Agency shall deliver the finished translations by e-mail unless
agreed otherwise.
1.6 The formal structure of the translations shall be subject to Item
6.3 DIN 2345 (“Translation Orders”) unless agreed otherwise.
1.7 If the Client requires the use of specific terminology, the
Agency shall be informed of this fact and must be provided
with the necessary materials or documents. This shall also
apply to specific language variants.
1.8 The technical and linguistic correctness of the source text shall
fall under the sole responsibility of the Client.
1.9 The Agency shall be entitled to have orders completed by
equally qualified third parties. In this case, the Agency shall
remain the sole contract partner.
1.10 The name of the Agency shall only be included in published
translations when the entire text was translated by this Agency
and when no changes have been made to the translated text
without the approval of the Agency.
2. Fees
2.1 The fees (prices) for translations shall be based on the rates
(price lists) of the Agency as applicable to the particular type of
translation.
Translations shall be billed according to lines of translated
(target) text.
1 line = 55 characters (including spaces), 1 page = approximately 30 typed
lines (DIN A4).
The minimum translation fee shall be the price for one page.
2.2 The target text (result of the translation process) shall be the
basis for billing unless agreed otherwise.
2.3 If a cost estimate has been provided, this shall only be valid
when it was provided in writing.
2.3.1 Cost estimates in any other form shall only serve as
non-binding guidelines.
2.3.2 Cost estimates are prepared to the best knowledge and
judgment of the Agency, but the Agency shall not be
liable for their correctness. The Agency shall inform the
Client immediately in the event that it becomes apparent
that the costs will exceed the cost estimate by more than
15%. If the costs exceed the cost estimate by up to 15%
for unavoidable reasons, the Agency is under no
obligation to inform the Client and shall be entitled to
bill these costs without prior notice.
2.4 Cost estimates provided without an examination of the
documents to be translated shall only be considered a
non-binding guideline. The Client shall be obligated to pay the
actual costs of the translation as per Item 2.1, even if he is not
informed of the actual costs as per Item 2.3.2 unless a new cost
estimate is prepared by the Agency upon receipt of the
documents to be translated.
2.5 The Agency shall be entitled to charge appropriate additional
costs for order changes or additional orders.
2.6 The Agency shall be entitled to bill appropriate surcharges for
express and weekend work.
3. Delivery
3.1 The delivery deadline for the completion of the translation shall
be based on written agreement between both parties. If the
delivery date is a significant factor in the order accepted by the
Agency, the Client shall expressly inform the Agency of this
fact in advance.
The agreed delivery deadline shall only be binding for the
Agency when the Client has supplied all necessary documents
and materials in the indicated scope (for example source texts
and all necessary background information) in good time and
when all agreed payment terms and other obligations have been
fulfilled by the Client.
The delivery deadline shall automatically be extended by an
appropriate time period when these conditions are not fulfilled.
3.2 The Client shall only be entitled to withdraw from the contract
in the event that the delivery deadline is not met when the
delivery deadline was expressly agreed (see Item 3.1, paragraph1)
and when the Client has fulfilled all requirements of Item3.1,
paragraph 2. The Agency shall not be liable forcompensation
for loss or damages in this event, with theexception of damages
resulting from intent or gross negligence.
3.3 Translations shall be delivered by e-mail unless agreed
otherwise.
3.4 The Client shall bear all risks associated with delivery
(transmission).
3.5 All documents provided to the Agency by the Client shall
remain in the possession of the Agency after the conclusion of
the translation unless agreed otherwise. The Agency shall have
no obligation to keep or otherwise handle these documents. The
Agency shall undertake to ensure that these documents cannot
be used in a manner that violates and contractual agreement
between the parties.
4. Force Majeure
4.1 The Agency shall inform the Client of any force majeure events
immediately. Force majeure events shall entitle the Agency and
the Client to withdraw from the contract. In this event, the
Client shall compensate the Agency for any services rendered
and expenses incurred.
4.2 The following shall especially be considered force majeure
events: Accidents, work conflicts, acts of war, civil war or unrest,
as well as unforeseeable hindrances that can be proved to
significantly impede the Agency in the completion of the order
in accordance with the contractually agreed terms.
5. Liability for Faults (Warranty)
5.1 Any and all complaints regarding the quality of the translation
shall be submitted within four weeks after delivery. Faults shall be documented and proven in sufficient form in writing by the Client.
5.2 The Client shall grant the Agency an appropriate period to
correct any faults and shall give the Agency the opportunity to
do so. If the Client does not allow the Agency to correct the
faults, the Agency shall bear no liability for these faults
whatsoever. If the faults are corrected by the Agency within the
appropriate period, the Client shall not be entitled to a price
reduction.
5.3 If the Agency allows the appropriate period to elapse without
correcting the faults, the Client shall be entitled to withdraw
from the contract or demand a price reduction. The Client shall
not be entitled to withdraw from the contract or to a price
reduction for minor faults.
5.4 Warranty claims shall not entitle the Client to withhold agreed
payments or to offset claims against agreed payments.
5.5 For translations that go into print, the Agency shall only be
liable for faults when the Client expressly informs the Agency
of the fact that the translation will be published in writing in his
order and when the Agency is given all corrected versions
(author’s corrections) up to and including the final version that
is published. In this case, the Agency shall be entitled to
appropriate compensation for the corrections or to
compensation on the basis of an appropriate hourly rate.
5.6 The Agency shall bear no liability for faults for the translation
of poorly legible, illegible or incomprehensible documents.
This shall also apply to the review of translation as per Item
5.7 Stylistic corrections and the adaptation of specific terminology
(especially industry-specific, internal company terminology
and the like) shall not be considered translation faults.
5.8 The Agency shall not be liable for the correct translation of
order-specific abbreviations that are not explained upon order
placement.
5.9 The Agency shall not be liable for the correct transliteration of
names and addresses from texts that are written in non-Latin
alphabets. In such cases, it is recommended that the Client
include a separate document with the correct spelling of names
and other words in capital Latin letters. This shall also apply to
illegible names and numbers on birth certificates and other
official documents.
5.10 All numbers shall be included in the target text as they appear in
the source text. The Agency shall not be liable for the
conversion of numbers, weights and dimensions, currencies and
the like.
5.11 The Agency shall be considered the holder of all manuscripts
and original texts provided by the Client if these are not
returned together with the translation in accordance with the
provisions of General Austrian Civil Code for a period of four
(4) weeks after the completion of the order.
No insurance obligation shall apply. Item 3.5 applies to the
return of such documents analogously.
5.12 The Agency shall bear no liability for the provision of
translators and interpreters, with the exception of damages
resulting from intent or gross negligence in the selection of
these persons.
5.13 The Agency shall not be liable for faults in texts that are
proofread when the source text is not provided.
5.14 The Agency shall not be liable for any damages or loss (such as
virus infections, the violation of non-disclosure agreements,
etc.) resulting from the delivery of translations by electronic
means (e-mail, etc.) except in cases of gross fault.
6. Compensation for Damages
6.1 All claims for damages against the Agency shall be limited to
the invoice amount (net) unless other amounts are stipulated by
binding law. This restriction shall not apply to cases of gross
negligence or intentional acts. The Agency shall under no
circumstances be liable for lost profits or consequential
damages.
6.2 If the Agency has liability insurance coverage, claims for
compensation shall be limited to the amount that is covered by
the insurance company in the concrete case.
7. Payment
7.1 Payment shall be made within 14 days from date of invoice without deduction, unless agreed otherwise.
The Agency shall be entitled to demand an appropriate advance
payment. An advance payment in the full amount of the
translation fee may be demanded from private persons and
foreign Clients.
7.2 In the event of delay in payment, the Agency shall be entitled to
withhold documents provided by the Client for translation
(such as manuscripts). Interest on arrears in the amount of the
reference rate of the Austrian Central Bank plus 2% shall be
assessed on all late payments.
7.3 In the event that the Client fails to comply with the agreed terms
of payment, the Agency shall be entitled to cease working on
any orders from the Client until the terms of payment are
fulfilled by him. This shall also apply to orders for which a
fixed delivery deadline has been agreed (see Item 3.1).
If the value of the payment obligation is significantly less than
the value of the document, the Agency shall only be entitled to
retention up to the value of the payment obligation.
In the event that the Agency ceases working on the Client’s
orders under this provision, the Client shall be entitled to no
claims whatsoever, and the further rights and entitlements of
the Agency shall not be affected in any way whatsoever.
8. Non-Disclosure Obligation
The Agency shall be obligated to maintain strict confidentiality.
The Agency shall also ensure that all sub-contractors engaged
by him are subject to an equivalent non-disclosure obligation.
The Agency shall not be liable for non-disclosure violations by
his sub-contractors except in cases of gross fault in the selection
of the sub-contractor.
9. Place of Jurisdiction
The place of performance for all contractual agreements that
fall under this legal relationship shall be the registered domicile
of the Agency. In the event of disputes regarding the existence
or non-existence of such a legal relationship and disputes
arising from such a legal relationship, suits filed by the Agency
shall be settled either in the competent court of the registered
domicile of the Agency or in the competent court of the
registered domicile of the Client; suits filed by the Client shall
be settled in the competent court of the registered domicile of
the Agency. This agreement is subject to Austrian law.
10. Salvatory Clause
The legal ineffectiveness or invalidity of individual provisions
of this agreement shall have no effect on the remaining
provisions of this contract.
11. Other (electronic mail)
Every explanation, all information, and any confirmation of receipt sent by the service provider to the client via e-mail shall be considered delivered if the e-mail is sent to the client’s last known e-mail address at the time of delivery, insofar as the service provider is not a consumer in the sense of § 12 of the Austrian Electronic Commerce Act (ECG).