1. Area of validity
All of the deliveries, services, quotes, and contract agreements provided by Lingua-World are based without exception on these general terms and conditions. They are also valid should the terms and conditions of the client contain contradictory statements. Deviant contractual conditions or the use of other provisions require express
2. Formation of contract
All contracts between the client and Lingua-World GmbH are normally concluded in writing. If a contract is concluded orally, the client receives the Lingua-World’s general terms and conditions and accepts these with the conclusion of the contract.
3. Contract execution
The contracts are fulfilled by Lingua-World GmbH’s highly qualified, professionally experienced, and technically well-versed staff. All translation contracts will be treated with the utmost confidentiality. All the interpreters at Lingua-World GmbH are also sworn to secrecy. When sending translations which are not written in the Latin script via e-mail or on a diskette/CD-ROM, Lingua-World is not required to send along the software required to open the data.
4. Cooperation and clarification duties of the Client
The DIN 2345 is for the client’s duty to cooperate. The client must state the purpose of use of translations. The original text given by the client must be composed according to the rules of the respective language. Where complicated specialist texts are concerned, the client is expected offer assistance in the clarification of specialist terminology. Without the appropriate assistance, the text will be translated using the common specialist language. The client must instruct Lingua-World GmbH. The client must inform Lingua-World GmbH of special versions of the translation in a timely fashion. If the translation is destined to be printed, the client must provide Lingua-World GmbH with a proof.
The client must provide Lingua-World GmbH with the information and documents that are required for the translation, unsolicited and in a timely fashion. Where complex and technically specific interpreting services are concerned, the interpreter must be provided with the necessary informational material in a timely fashion. In regard to any type of remote distribution of the translated text, the client must promptly check the correctness and completeness of the rendering and promptly indicate any flaws. Lingua-World GmbH is not responsible for errors and damages that result from the client’s non-compliance with the duty to cooperate. Should the cooperation of the client not be in accordance with the regulations, Lingua-World GmbH is entitled to diverge from the given delivery date.
Should the contract be inadequately fulfilled, the client has the right to demand the correction of faults. Lingua-World GmbH reserves the right to correct errors in the form of free replacement delivery or reworking of the document. The client must assert the errors promptly, in writing, and noted beneath the exact statement concerned. In the case of failure to correct the errors, other legal guarantee regulations are applicable.
Lingua-World is liable for any demonstrable damages endured by the client through an improperly fulfilled contract which are the result of gross negligence or malicious intent. The liability is limited to the amount of EUR 153,000.00 as defined by Lingua-World’s pecuniary damage liability insurance. In the case of simple negligence by a Lingua-World employee or subcontractor, the liability is limited to double the amount of the invoice, up to EUR 30,000.00. Lingua-World GmbH is not liable for damages that occur as the result of malfunctions not caused by the business operations of Lingua-World GmbH. This applies in particular to network and server errors. Lingua-World GmbH is not liable for damages caused by viruses in the electronic data transmission, so long as these were not identifiable or not identified due to simple negligence on behalf of Lingua-World GmbH.
The fee will be stipulated at the time of formation of the contract. Interpreter services will be calculated strictly as an hourly wage. Translations will be calculated as a per-word or per-line rate. These are prepared based on the difficulty of the original or target text, the urgency, the design costs, etc. A line is calculated as 50 gross keystrokes.
Any other form of payment calculation requires written agreement. The form of payment agreed upon with the client will be printed on the invoice next to the fee. The fee is to be paid within 14 days after the delivery or rendering of services. The client is in arrears with the payment service if the payment is not received at the latest 10 days after receipt of the invoice for the performed services. In the case of late payment, an overdue fee of EUR 5.50 will be charged for every overdue notice, in addition to the other damages caused by the delay.
Should a client cancel a translation contract administered to Lingua-World GmbH, the services rendered up until this time must be compensated for and the expenditures which have already been transacted must be paid. Should an interpreter contract be cancelled, the client must on principal pay 30% of the agreed upon fee. If the cancellation occurs 4-7 days before the date services are to be rendered, then 60% of the agreed upon fee is to be paid. If the cancellation occurs 3 days or less before the date services are to be rendered, then the client must pay 100% of the agreed upon fee. The client reserves the right to prove that no damages or only insignificant damages have resulted.
9. Reservation of property rights
The translation remains the property of Lingua-World GmbH until the services have been paid in entirety. Until that time the client has no right of usage. Lingua-World GmbH reserves all property rights.
Shipping and electronic forwarding occur at the client’s risk.
11. Applicable law/partial invalidity
German law applies to the contract and the claims resulting thereof. The effectiveness of the general terms and conditions is not affected by the invalidity or ineffectualness of individual provisions.
12. Place of jurisdiction
The place of jurisdiction for all disputes regarding the contract is Cologne, Germany.