1. Scope

 

We provide our offers and services on the basis of these General Terms and Conditions (GTC) as amended from time to time. In issuing a contract the Client recognises and accepts these General Terms and Conditions. Other General Terms and Conditions do not apply, unless we have agreed to them in writing.

 

These General Terms and Conditions apply to collective business transactions between Korero Languages & Consulting (Korero) and the Client (Contractor). They apply to the entire business relationship, including future contracts. Clients are legal persons as well as individuals.

 

2. Differing Provisions

 

Departures from these conditions, changes or supplementary agreements must be confirmed in writing by Korero. This applies equally to the General Terms and Conditions of the Client.

 

3. Placing Orders, Client’s Obligations

 

3.1 The Client shall place an order for services via email, fax, post or telephone. The consequences of shortcomings or delays which result from an unclear, incorrect or incomplete formulation of the assignment on the part of the Client are to be borne by the Client.

 

3.2 The Client has an obligation to co-operate thoroughly. Orders are to include the Client’s stipulations in respect of the target language, the subject area and the intended purpose of the text, particular special wishes in respect of terminology, and in respect of layout (external appearance of the translation, storage on specific media etc). In the case of complex specialist translations, the Client is obliged to co-operate in the clarification of corresponding specialist terminology and additional queries regarding the subject matter and the format (as a point of contact). If the translation is intended for publication, the Client is obliged to provide Korero with a copy for proofreading purposes before the print version is prepared.

 

3.3 Supporting information material and documents necessary for the execution of the assignment are to be made available, unprompted, to Korero by the Client with the order placement. Should the information material supplied prove to be insufficient, Korero retains the right to request further subject-specific information material from the Client.

 

3.4 The consequences of errors and delays which result from a failure to comply with these obligations on the part of the Client are to be borne by the Client.

 

4. Execution of Orders, Terms of Delivery                            

 

4.1 The translation shall be completed in accordance with grammatical rules and in keeping with the sense of the text and the purpose for which it is intended to the best of the translator’s knowledge and ability. Should supplementary information or special stipulations not be provided by the Client, then technical terms will be translated in accordance with general usage and so as to be generally comprehensible. The Client shall receive the translation in the agreed form.

 

4.2 In case the intended meaning of a word which has more than one possible meaning can only be inferred from the internal context of the text, then the consequences of translation errors are to be borne by the Client, if he/she has not provided Korero with the accompanying information material required for performing the translation.

 

4.3 Korero retains the right to subcontract assignments to third parties.

 

4.4 Delivery deadlines and delivery periods shall only apply if expressly agreed as binding and confirmed in writing to the client. Should Korero be unable to comply with an agreed binding delivery period or delivery deadline due to reasons for which it is responsible, the client shall grant an appropriate additional period of time. Only after the unsuccessful expiry of this additional period shall the client be entitled to demand a reduction, withdraw from the contract and/or demand compensation for damage.

 

4.5 The translation shall be sent to the Client at his discretion by email, fax or post. Korero shall not bear responsibility for damages which occur in transit. The Client is obliged to confirm receipt of the translation by means of a short message to Korero.

 

5. Remuneration, Payment

 

5.1 Unless otherwise contractually agreed, Korero shall charge the Client according to the applicable rates or fees and scales of charges plus VAT for the agreed language services.

5.2 Translation work shall be charged according to the volume and degree of difficulty. As a rule, the volume shall be determined based on the number of words in the source language. Additional effort shall be charged by the hour. A surcharge of 50% shall be invoiced for urgent jobs. A minimum rate shall be charged for translation jobs of less than 250 words.

5.3 Should the volume and degree of difficulty of the translation exceed the arrangements made in the order placement and/or confirmation, or should deadlines be brought forward, Korero shall be entitled to increase the remuneration in accordance with the additional work involved.

 

5.4 Invoices shall be issued in writing and shall be due essentially immediately following receipt unless they specifically state other payment dates or payment periods.

5.5 Korero shall be entitled to request suitable advance payment. The client shall receive a corresponding invoice for this.

5.6 Final delivery of the translation may be made contingent upon prior settlement of the invoice amount.

 

5.7. Should the client retract an order without being legally or contractually entitled to do so, Korero shall be remunerated for all work carried out up to the cancellation and reimbursed for the costs incurred.

 

6. Correction of Errors, Liability           

 

6.1 Korero is to be notified of errors in writing. The error in question is to be specifically identified (substantiated description). Obvious errors are to be declared within 2 weeks of the translation being sent. The period of notice shall be considered to have been fulfilled if the notification is dispatched within that period.

 

6.2 Korero is entitled and obliged to remove notified errors in the translation. The Client can set Korero a reasonable time limit within which the notified error is to be resolved and can refuse to accept the removal of the error after the end of the time limit. After the period of notice has elapsed the Client is entitled to either rescind the contract or demand a reduction in the fees payable.

 

6.3 There shall be no liability for defects arising from the breach of duties of cooperation of the Client or which are caused by erroneous, incomplete, terminologically incorrect or poorly legible translation documents.

 

6.4 Liability in this case is limited to typically arising, foreseeable damages and is limited to the amount of the contract volume of the translation or the relevant other work. Korero shall only be liable for deliberate acts and gross negligence.

 

7. Third Party Liability

 

7.1 Korero shall not be liable for defects and damages caused by third parties.

 

7.2 Any recourse of the Client to Korero for the assertion of damage claims of third parties (non-parties to the contract) is barred.

 

8. Force Majeure, Rescission

 

8.1 Korero shall not be liable for damages that arise from force majeure (natural disasters, power failure, computer viruses not detectable through regular anti-viral checks, traffic congestion, among others). In this case, Korero has the right to withdraw from the contract or to request a reasonable grace period from the Client for the performance of the contract. Any claims for damages are excluded in this case.

 

8.2 Before the completion of the translation, the Client is only entitled to rescind the contract for good reason. The rescission is only valid in written form. In case the Client rescinds the contract, Korero is entitled to invoice all work carried out up to the cancellation.

 

9. Reservation of Ownership

 

9.1 Korero is the owner in respect of the translated material until payment has been made in full.

 

9.2 With the complete payment of the remuneration, the Client acquires the right of use for the translation.

 

10. Copyright

 

10.1 Korero is owner of the copyright to the translation.

 

10.2 The Client shall release Korero from copyright claims that could be asserted against Korero on the basis of the translation, even by third parties.

 

11. Confidentiality

 

Korero agrees to maintain secrecy in regard to the content of the documents to be translated, in regard to the informational material provided to him/her on the occasion of the performance of the contract as well as in regard to all facts disclosed in connection with the business relationship. Collaboration with co-workers likewise subject to the duty of non-disclosure does not represent a breach of this obligation.

 

12. Applicable Law, Place of Jurisdiction, Modifications, Validity

 

12.1 German law is applicable to the contractual relations between Korero and the Client as well as to any further rights and obligations resulting from these relations.

 

12.2 Place of jurisdiction for both parties to the contract is the registered office of Korero.

 

12.3 The Client is informed about any modifications to these General Terms and Conditions on the occasion of the placing of a new order.

 

12.4 If individual provisions of these General Terms and Conditions become invalid or void, this does not affect the validity of the remaining provisions.

 

 

Version: February 2019