General Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply for all freelance business transactions between Modus Verbi (Contractor) and the client (Contractee). The General Terms and Conditions are acknowledged by the Contractee when the order is placed.
§ 2 Deviating Agreements
Deviations, changes or side agreements need to be confirmed by the Contractor in writing. The same applies for the General Terms and Conditions of the Contractee.
§ 3 Order Placement, Contractee’s Requirements
(1) The order placement by the Contractee is executed via email, fax, mail or by phone. The Contractee is liable for any execution defects or delays resulting from an unclear, incorrect or incomplete order placement.
(2) When placing an order, the Contractee has to communicate the target language, the area of expertise and the purpose of the order, special terminology wishes as well as special wishes with regard to the design (outward appearance of the order, saving the order on special recording media etc). If the order is determined for printing, the Contractee has to send the Contractor a copy for correction purposes before the printed version is created.
(3) Once the order has been placed, the Contractee must send all required material and documents, which are necessary for the execution of the order, to the Contractor without request. If further information material is needed, the Contractor may request further topic-specific information material from the Contractee.
(4) The Contractee is responsible for errors and delays resulting from the noncompliance of these terms.
§ 4 Execution of the Order, Delivery Deadlines
(1) The order is entirely created according to the grammatical rules as well as in accordance with the content of the text and the purpose of the order to the best of the translator’s knowledge and for information purposes only. Unless additional material has been sent or special wishes of the Contractee have been communicated, technical terms are translated in a commonly-used and general understandable form. A stylistic review is not part of the service. The Contractee receives the order in the agreed upon form.
(2) In the case of words with several meanings, the meaning of a word can only be concluded from the syntax of the text. The Contractee is responsible for any errors, if she/he has not sent the Contractor the accompanying information material which is necessary for the creation of the translation.
(3) The Contractor may cooperate with third parties to execute the order.
(4) Delivery deadlines are stated to the best of the translator’s knowledge but are only estimated deadlines which are not binding.
(5) The delivery of the created translation is carried out according to the wishes of the Contractee, i.e. via email, fax or mail. The Contractor is not liable for damages that occur during transport.
§ 5 Fee
The fee is due after receipt of the order and cannot be contested.
§ 6 Elimination of Defects, Liability
(1) Defects have to be communicated to the Contractor in writing. The communicated defect has to be identified specifically. Apparent defects have to be communicated within two weeks after the order has been sent. For the retention of the rights of the Contractee, the defect information has to be sent within the given time period.
(2) The Contractor is entitled and obliged to correct communicated defects of the order. The Contractee may place a corresponding deadline with the Contractor for the correction of the defect and connect the placement of the deadline with a declaration that she will refuse the correction of the defect after the expiration of the deadline. After the expiration of the deadline, the Contractee is entitled to demand the rescission of the contract or a reduction of the fee.
(3) There is no liability for defects based on the Contractee’s breach of the requirements or which have been caused by faulty, incomplete, terminologically incorrect or poorly legible originals.
(4) The Contractor is liable for malice and gross negligence.
(5) The Contractor is only liable for ordinary negligence in case of a disturbance of essential contractual obligations. In this case, the liability of the Contractor is limited to the amount of the sum insured through her pension trustee liability insurance and public liability insurance. If the insurance is partly not obliged to perform due to an agreed retention or similar determinations, the Contractor has to pay the remaining amount herself.
(6) The liability for damages arising due to ordinary negligence as consequence of defects of the rendered service (consequential damages) is excluded.
§ 7 Liability for Third Parties, Third Party Liability
(1) The Contractor is not liable for defects and damages that were caused by third parties. If the Contractor assigns third parties with the execution of an order, she is only liable for the careful selection of the respective third parties.
(2) A recourse of the Contractee to the Contractor for the assertion of claims for compensation of third parties (non-contractual parties) is excluded.
§ 8 Force Majeure, Termination
(1) The Contractor is not liable for damages which can be traced back to force majeure (natural disasters, blackouts, computer viruses which cannot be detected by a regular anti-virus-check, traffic disruptions etc). In this case, the Contractor is entitled to rescind from the contract or to request an adequate grace period from the Contractee to be able to execute the order. In this case claims for compensation are excluded.
(2) Until the execution of the order, the Contractee may terminate the contract due to extenuating circumstances. The termination needs to be in written form in order to be valid. If the Contractee terminates the contract, the Contractor is entitled to request the agreed remuneration.
§ 9 Retention of Title
(1) Until the remuneration has been paid in full, written orders remain the property of the Contractor.
(2) With the full payment of the remuneration, the Contractee acquires the right of use concerning the written orders.
§ 10 Copyright
(1) The Contractor is the owner of the copyright of executed written orders.
(2) The Contractee releases the Contractor from all copyright claims which might be claimed from the Contractor with regard to the order - also by third parties.
§ 11 Data Protection
The Contractor obliges herself to keep the content of the orders that shall be executed confidential. The same applies for the information material which is sent to her with regard to the order, as well as for all facts and information which is made known to her in connection with the business relationship. The cooperation with colleagues who are also obliged to confidentiality represents no breach of this duty.
§ 12 Applicable Right, Place of Jurisdiction, Changes, Effectiveness
(1) The law of the Federal Republic of Germany applies to the contractual relationship as well as for all resulting rights and obligations.
(2) Munich, Germany, will be the place of jurisdiction for both contractual parties.
(3) Changes of these General Terms and Conditions will be revealed to the Contractee in case of a new order placement.
(4) The effectiveness of these General Terms and Conditions will not be affected by the ineffectiveness or invalidity of single provisions.