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General Terms & Conditions - Lingua-World GmbH

  1. Scope of Application/Definitions

    1. The following General Terms & Conditions apply to the business relations between Lingua-World GmbH, represented by Managing Director Nelly Kostadinova, Luxemburger Str. 467, 50939 Cologne (hereinafter Lingua-World), and the client, in the version valid at the time of concluding the contract.
    2. Contradictory terms of the client or of a third party shall not be recognised unless Lingua-World explicitly confirms their application in writing or in text form.
    3. These General Terms & Conditions will apply for all future business relations with the client, insofar as the client is a business person, merchant, legal entity or special fund under public law, even when not explicitly included again.
    4. A business person within the meaning of these General Terms & Conditions is a natural person, legal entity or partnership authorised by law that undertakes a commercial or independent professional activity.
    5. A consumer within the meaning of these provisions is any natural person who concludes a legal transaction for purposes that can largely not be attributed to either their commercial or independent professional activity.
    6. Interpreting services refer to the oral transmission of a spoken or written text to be used exclusively at the time of the respective performance.
    7. Translation services refer to the written transmission of specialist texts or literary works.
  2. Contract Conclusion

    1. The client may request the performance of a translation or interpreting order in writing, by telephone, or by email. Lingua-World will supply the client with a written offer to conclude the contract. The client may accept the offer by providing Lingua-World with written confirmation (e.g. fax or email). Upon receipt of this acceptance by Lingua-World, a contract is concluded in accordance with these General Terms & Conditions.
    2. Dates and deadlines for the start of the performance of services are only binding if Lingua-World has provided written confirmation thereof and if the client has met all the requirements, for which they are responsible, for the performance of such services.
    3. General information and performance specifications found in brochures, catalogues, advertisements, etc., do not constitute an offer for the conclusion of a contract by Lingua-World.
    4. The contract language is German.
    5. The contract text will be saved by Lingua-World.
  3. Scope and Performance of the Service

    1. The scope of the service to be provided is dependant on the respective contract.
    2. Lingua-World is entitled to use third parties (translators, interpreters) to fulfil its contractual duties, insofar as this is reasonable for the client.
    3. Lingua-World undertakes to complete all translation and interpreting activities in accordance with the principles of proper professional conduct. Translations are faithful to the wording and meaning of the source text in accordance with average quality standards in the translation industry. The same applies for interpreting services. The client’s own specialist terminology will only be used if agreed accordingly. The client is obliged to notify Lingua-World in writing of such specialist terminology or other special circumstances prior to concluding the contract.
    4. The translation may be delivered by email, fax, courier or post, as desired by the client. A delivery is considered to have been successful if the translation has demonstrably (delivery receipt, dispatch record) been sent to the client.
    5. When delivering translations in non-Latin scripts by email or CD-ROM, Lingua-World is not obliged to provide the software necessary for opening such files.
    6. Interpreting services are exclusively intended for immediate hearing/use. Recording (film/audio) and/or making the interpreting services available to the public (e.g. via the internet) requires a separate agreement between the parties.
  4. Cooperation Obligations of the Client

    1. The client must supply Lingua-World with the information, documents and other work materials necessary for completing the services to be rendered, without being requested to do so and free of charge, in good time prior to the start of the order. This will enable the appropriate preparations. The client will ensure that a qualified employee is available to provide Lingua-World with binding information at short-notice, throughout the entire course of the contractual relationship.
    2. The client is obliged to cooperate with regard to the terminology used in the case of complex specialist translations. Should this support not be provided, the text will be translated using standard specialist terminology.
    3. The client must inform Lingua-World of special format requirements and planned publications (e.g. printing, publishing online, etc.) in good time and in written form prior to contract conclusion. If the translation is to be printed, the client shall provide Lingua-World with a version for approval prior to printing. If the client intends to make the services performed by Lingua-World publicly accessible (e.g. online), the service accepted by the client must be expressly approved (released) by Lingua-World prior to its publication.
    4. If the client requests interpreting services, they are to provide the respective interpreter with the necessary materials 7 days before the start of this activity at the latest.
    5. If the client intends to record events with the cooperation of an interpreter using picture or sound technology, they are to inform Lingua-World of this prior to the contract conclusion in writing. The granting of the corresponding usage and exploitation rights shall be remunerated separately.
  5. Acceptance

    Following the completion of translation services, Lingua-World shall indicate that they are completed and ready to be accepted. If the client does not declare their acceptance within two weeks, Lingua-World may set a reasonable term for acceptance of the service. The service shall be deemed to have been accepted upon expiry of this term if the client has neither declared acceptance nor refused acceptance within the deadline, stating at least one defect. If the client is a consumer, Lingua-World must inform them, with the request for acceptance, of the consequences of not declaring their acceptance or of refusing acceptance without providing a statement of defects in written form. Acceptance shall be deemed to have occurred as soon as Lingua-World’s services have been employed by the client without reservation.

  6. Copyrights, User Rights, Retention of Title

    1. The client shall grant Lingua-World all copyrights and usage rights to the contents that are necessary for the fulfilment of the contractual relationship. This particularly includes the permission to reproduce, reconfigure and, with due protection of the moral rights, edit and archive the contents provided in accordance with the contractual purpose.
    2. Unless otherwise agreed, Lingua-World grants the client the non-exclusive rights to the contractually agreed use of the services and works created by Lingua-World within the framework of the contractual relationship. User rights shall be granted subject to the condition precedent (Section 158 (1) of the German Civil Code [BGB]) of unconditional acceptance by the client and, insofar as necessary depending on the type of use, Lingua-World’s approval and payment of the remuneration in full to Lingua-World.
    3. Lingua-World also retains ownership of all services provided by it until full payment of all claims arising from the contractual relationship between Lingua-World and the client that exist at the time of delivery.
  7. Rights of Third Parties

    Lingua-World is not responsible for the content provided by the client for the execution of the contract. Lingua-World is, in particular, not obliged to check the content provided for possible rights violations. The client guarantees that the information and works provided are free from any rights of third parties, particularly including copyrights, name, trademark and exploitation rights, that restrict or exclude use/processing to the extent agreed in the contract. The parties shall inform each other immediately if third parties assert any rights violations. Should such claims be asserted by a third party, the client shall exempt Lingua-World from any costs or damages on first request. The client shall bear all resulting costs in the event of a legal dispute.

  8. Remuneration

    1. The amount of remuneration is stated in the contract agreed between the two parties.
    2. Charges for interpreting services are generally calculated on the basis of the actual hours worked.
    3. Translation services are calculated on the basis of the line or word count. The amount of the remuneration depends on the difficulty of the source or target text, the order’s urgency and DTP costs. Insofar as the prices are based on the line count, a line is considered to consist of 50 gross keystrokes.
    4. If the client is an entrepreneur, prices shall be stated in euros plus VAT. If the client is a consumer, prices shall be stated as the gross price, including the applicable VAT.
    5. The remuneration is due and payable within 14 days of the invoice date.
    6. Lingua-World is entitled to demand advance payments as appropriate for partial services already rendered.
  9. Withdrawal from Contracts for Interpreting Services

    1. The client may withdraw from a contract concluded for interpreting services up to 3 days before the planned provision of services without giving reasons. The withdrawal must be made in text form (e.g. via email) at least.
    2. If the client withdraws from a contract for interpreting services, Lingua-World may charge lump-sum compensation for services and arrangements that have already been carried out, unless the client can provide evidence that Lingua-World has not incurred any damages or has not incurred damages in the amount charged. The amount of the compensation claim is calculated as follows:
      • Withdrawal up to 8 days before the performance date = 30% of the agreed remuneration
      • Withdrawal between 7 days and 4 days before the performance date = 60% of the agreed remuneration
      There is no contractual right of withdrawal from the 3rd day before the agreed performance date. In this case, the client shall owe the full remuneration.
    3. The right to cancellation for good reason remains unaffected.
  10. Claims for Defects/Limitation of Liability

    1. If the service provided by Lingua-World is defective, Lingua-World will, at its discretion, either remedy the defect itself within a reasonable period of time or provide the rejected service again, this time free of defects (overall supplementary performance). The client shall inform Lingua-World of defects in a comprehensible manner in writing (email). In all other respects, the statutory warranty provisions apply.
    2. The client’s claims to damages or compensation for futile expenses shall be governed by this clause, irrespective of the legal nature of the claim:
      1. Lingua-World is liable without limitation for damages or compensation for futile expenses
        • in the event of intent or gross negligence,
        • for injury to life, limb or health,
        • in accordance with the provisions of the German Product Liability Act [ProdHaftG], or
        • within the scope of a guarantee assumed by Lingua-World,
        • in the absence of warranted characteristics,
        • in the event of fraudulent intent by Lingua-World.
      2. In the event of a minor negligent breach of an obligation that is essential to the fulfilment of the contract’s purpose (cardinal obligation), Lingua-World’s liability is limited to the amount that is foreseeable and typical for the type of transaction in question. This also applies either in the event of a debtor’s default or of impossibility of performance for which Lingua-World is responsible. This does not apply in the event of a default by Lingua-World for claims to default interest, to the lump sum for default in accordance with Section 288 (5) of the German Civil Code, or to compensation for further damages that are based on legal costs.
      3. Lingua-World is only liable for loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up so that it could be restored.
      4. Lingua-World shall not be liable for any further claims, unless the requirements of clauses 10.2.1. or 10.2.2 are met.
      5. The aforementioned limitation of liability also applies for the individual liability of employees, representatives and agencies of Lingua-World.
  11. Data Protection/Privacy

    1. Lingua-World collects, processes and uses clients’ personal data solely for the purposes of the proper performance of a contract within the meaning of the applicable data protection regulations.
    2. Lingua-World will treat all information and data provided to Lingua-World as part of the contractual relationship as confidential.
  12. Right of Modification

    1. Lingua-World reserves the right to amend these General Terms & Conditions unilaterally vis-à-vis clients that are not consumers, if this appears objectively justified. Changes are objectively justified, for example, in the event of a change in the legal or regulatory situation (for example, if the jurisdiction declares a clause to be invalid) or if unforeseeable changes, which are not caused by Lingua-World and on which Lingua-World has no influence, disturb the balance existing at the time of contract conclusion to an extent that is not insignificant. Any changes must be reasonable for the client.
    2. Lingua-World will give written notice of any changes to the General Terms and Conditions. They will be deemed to have been accepted if the client, who is not a consumer, has not objected to Lingua-World regarding the changed General Terms and Conditions in writing or via email within six weeks of notice of the change and if Lingua-World has notified them of the legal consequences of a failure to object.
  13. Final Provisions

    1. German law shall apply exclusively to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11/04/1980 (CISG), insofar as the client is not a consumer.
    2. The place of performance and jurisdiction is Cologne, provided that each party is a merchant or legal entity under public law. However, Lingua-World is also entitled to file an action against the client at its general place of jurisdiction. This does not apply if it is in conflict with mandatory statutory provisions within the meaning of Articles 24, 25 or 26 of EU Regulation No. 1215/2012 in the version of 12 December 2012.
    3. Should a provision be invalid in whole or in part or later lose its legal validity, this shall not affect the validity of the remaining provisions. Should the contract contain any regulatory gaps, the same shall apply.
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