www.ueber-setzerin.com
Kirchberg 112
8591 Maria Lankowitz
Austria
Contact per mail
General Terms and Conditions of www.ueber-setzerin.com
1.1 Unless otherwise agreed in writing, the terms and conditions set forth below shall apply to the scope of services (see also 1.2) provided by the contractor (hereinafter referred to as “ueber-setzerin.com”).
1.2 ueber-setzerin.com provides high-quality services in the fields of translation, proofreading, drafting of texts and the performance of additional services.
1.3 Ueber-setzerin.com shall carry out all assignments entrusted to it to the best of its ability and in the most cost-effective manner.
1.4 The ordering party (hereinafter referred to as the “client”) shall inform ueber-setzerin.com of the intended use of the translation, i.e. if he requires the translation either
1.4.1 for a particular country,
1.4.2 only for information,
1.4.3 for publication and promotion,
1.4.4 for legal purposes or patent procedures,
1.4.5 or for any other purposes which make it important that the translator concerned translate the texts in a particular way or style.
1.5 In the event that the client uses the translation for a purpose other than that for which it was ordered and supplied, the client cannot claim damages against ueber-setzerin.com.
1.6 ueber-setzerin.com shall in general provide translations in single copy via e-mail in the agreed format.
1.7 If the client wishes the use of specific terminology for the translation, he has to inform ueber-setzerin.com thereof and simultaneously provide the corresponding materials.
1.8 Responsibility for the correctness of the source text in terms of content and language shall rest with the client.
1.9 ueber-setzerin.com shall be entitled to subcontract the translation to equally qualified third parties. However, ueber-setzerin.com shall in any case remain the sole contractor vis-à-vis the client.
1.10 The client shall be entitled to add the name of ueber-setzerin.com to the published translation only if the entire text was translated by ueber-setzerin.com and no changes or modifications were made to the translation without the prior approval of ueber-setzerin.com.
2. Fees
2.1 The fees (prices) for translations are based on the rates (price lists) of ueber-setzerin.com which apply to the respective type of translation ordered.
2.2 Translations are charged according to the agreed criteria (e.g.: degree of difficulty of the text, target text, source text, hourly rate, number of pages, number of lines).
2.3 If a binding cost estimate has been submitted, it shall only be valid if given in writing. Other cost estimates shall be considered guidelines without any commitment. Cost estimates are drawn up to the best of knowledge. However, it is not possible to guarantee their correctness. If an increase in the cost of more than 15% is unavoidable after the placement of the order ueber-setzerin.com shall notify the client immediately. If cost increases of less than 15% are unavoidable a notification is not necessary and the adjusted fees may be charged accordingly.
2.4 Unless otherwise agreed, reasonable fees may be charged for changes to the order and additional orders.
2.5 For proofreading translations made by other persons the full fee for an original translation may be charged.
2.6 For express orders and orders to be finished over the weekend reasonable surcharges may apply.
3. Delivery
3.1 The deadline for delivery of the translation is dependent on written statements made by both parties. In the event that the delivery date is an integral part of the order accepted by ueber-setzerin.com, the client shall make this expressly known in advance. A precondition for adherence to the stipulated delivery deadline is the prompt submission of all documentation required in the agreed scope (e.g. source texts and all necessary background information) as well as the observance of the stipulated terms of payment and other obligations by the client. If these preconditions are not met in good time, the delivery deadline shall be extended accordingly.
3.2 Any risks associated with delivery (transmission) shall be borne by the client.
3.3 Unless otherwise agreed, the materials provided by the client shall remain with ueber-setzerin.com upon completion of the translation. Ueber-setzerin.com is not obliged to store or otherwise treat these materials in a special way. However, ueber-setzerin.com undertakes to protect them from any use contrary to the contract terms.
4. Force majeure
4.1 Ueber-setzerin.com shall inform the client immediately in the event of force majeure. Force majeure entitles both ueber-setzerin.com and the client to withdraw from the contract. The client, however, must remunerate ueber-setzerin.com for any expenses already incurred or work performed.
4.2 The following, in particular, shall be regarded as an event of force majeure: labour disputes; acts of war; civil war; occurrence of unforeseen hindrances, which can be proven to decisively impair the ability of ueber-setzerin.com to complete the assignment as per agreement.
5. Liability for defects (warranty)
5.1 All complaints relating to the quality of the translation must be lodged within two weeks after delivery (mailing) of the translation. The client must provide proper proof of the defects and explain them sufficiently in writing.
5.2 For correction of faults the client shall allot a reasonable period. Should the client refuse this, ueber-setzerin.com shall be released from his liability for defects. If the defects are corrected by ueber-setzerin.com within the reasonable period allotted, the client shall not be entitled to price reduction.
5.3 If ueber-setzerin.com allows the reasonable period of time to pass without rectifying the defect, the client can withdraw from the contract or demand a reduction in the fee. Where defects are trivial, the client is not entitled to withdraw nor to a reduction in the fee.
5.4 Warranty claims do not entitle the client to withhold stipulated payments or to offset them against payments due to ueber-setzerin.com.
5.5 For translations intended for publication, liability for defects only exists if the client has stated explicitly in writing in his order that he intends to publish the text, and has provided ueber-setzerin.com with galley proofs (author proofs). In this case, ueber-setzerin.com shall be paid a fair price for the cost of proof-reading or a fair hourly rate to be invoiced by ueber-setzerin.com.
5.6 No liability for defects is assumed for the translation of texts that are difficult to read, illegible or incomprehensible.
5.7 Stylistic improvements or changes to meet specific terminology (in particular in-house and industry-specific terminology) etc. are not recognized as defects.
5.8 There is no liability for defects relating to abbreviations that were not specified or explained by the client when the order was placed.
5.9 Ueber-setzerin.com shall assume no liability for the correct reproduction of names and addresses from original texts which are not written in Roman characters. In such cases, the client is advised to write the names and special references on a separate sheet of paper in Roman capitals. This also applies to illegible names and numbers on birth certificates and other documents.
5.10 Numbers will be copied as indicated in the manuscripts. No liability shall be assumed for the conversion of numbers, measurements, currencies and the like.
5.11 ueber-setzerin.com is liable for manuscripts, originals and the like provided by the client, where these are not returned to the client with the delivery, as depository in the sense given in the Austrian Civil Code for the period of four weeks after completion of the order. There is no obligation to provide insurance. Point 3.3 applies by analogy for reimbursement.
5.12 If translations are transmitted by data transfer (via e-mail, modem, fax etc.) ueber-setzerin.com cannot be held liable for any defects or impairments caused in the transmission (e.g. virus transmittal, phishing, spamming, violation of secrecy obligations) unless in the case of major fault of ueber-setzerin.com.
6. Damages
6.1 All claims for damages made against ueber-setzerin.com are limited by the amount on the invoice (net) unless decreed otherwise by legal obligation. Cases in which damage has been caused deliberately or by gross negligence are excluded from this limitation on damages. There is no liability for lost profit or consequential damages.
7. Reservation of Proprietary Rights
7.1 All documents of the assignment that were submitted to the client shall remain the property of ueber-setzerin.com until all liabilities arising from the contract are settled.
7.2 Any kind of documentation, parallel texts, software, leaflets, catalogues, literature or scripts etc. that does not constitute a part of the assignment shall remain the intellectual property of ueber-setzerin.com.
7.3 Transfer and duplication of documents shall only be permitted upon consent on the part of ueber-setzerin.com.
7.4 Unless otherwise agreed, Translation memories created during the execution of one or more assignments shall be the property of ueber-setzerin.com.
7.5 Translation memories provided by the client shall remain the property of the client, unless otherwise agreed.
8. Copyright
8.1 Ueber-setzerin.com is not obliged to check whether its client has the right to translate the source texts or have them translated, but is entitled to assume that its client possesses all rights vis-à-vis third parties which are necessary for the completion of the order. The client gives express assurance that he is in possession of these rights.
8.2 The client shall make known the purposes for which a translation is to be used if the translation is protected by copyright laws. The client acquires only those rights that correspond to the stated purpose of the translation.
8.3 The client is obliged to indemnify ueber-setzerin.com against all claims by third parties arising from the infringement of copyright, ancillary copyright, other commercial proprietary rights or rights to the protection of privacy. This applies even if the client fails to state the purpose of the translation and/or uses the translation for a different purpose than was originally stated. Ueber-setzerin.com shall immediately notify its client of any such claims and, if legal action is brought, join the client in the proceedings. If the client fails to enter the court proceedings as a party joined with ueber-setzerin.com, ueber-setzerin.com may recognise the plaintiff’s claim and indemnify itself from the client without regard to the lawfulness of the acknowledged claim.
9. Payment
9.1 Unless otherwise agreed, payment must be made on delivery of the translation.
Ueber-setzerin.com is entitled to demand appropriate payment on account. If collection is agreed, and the translation is not collected by the client on time, then the obligation to pay of the client comes into effect on the date the translation is ready for collection.
9.2 If payment is delayed, ueber-setzerin.com is entitled to withhold order documents provided (e.g. manuscripts for translation). In the event of delays in payment, interest on outstanding payments shall be charged at a rate of 2 % above the national bank base rate at the time.
9.3 In the event of nonfulfillment of the terms of payment agreed between the client and ueber-setzerin.com the latter has the right to suspend work on the orders placed with him until the client fulfils his obligation to pay. This applies also to orders for which a fixed delivery date was agreed (see article 3.1). Cessation of the work does not mean that the client gains legal rights, nor does it prejudice the rights of ueber-setzerin.com in any way.
10. Secrecy
Ueber-setzerin.com shall be obliged to secrecy and take the necessary precautions to ensure the confidentiality of any sub-contractors. However, ueber-setzerin.com shall not be liable for non-compliance with the confidentiality clause of any sub-contractor except in the event of major fault in selecting the specific sub-contractor.
11. Severability clause
Should any individual provision or any part of any provision be or become void, illegal or unenforceable, the validity of the remaining provisions hereof or the validity of these Terms and Conditions as a whole shall in no way be affected. In such a case both ueber-setzerin.com and the client shall replace this provision with a clause which is legally valid and enforceable and which most closely approximates the intent and economic effect of the invalid or unenforceable provision.
12. Schriftform
In order to be valid, any form of subsidiary agreement, variations or modifications and other agreements between ueber-setzerin.com and the client must be made in written form.
13. Place of jurisdiction
The place of performance for all contractual relationships which are governed by these General Terms and Conditions is the registered office of ueber-setzerin.com in Maria Lankowitz, Austria. Any dispute arising from the contractual relationship shall be settled by the court of competent jurisdiction in Voitsberg, Austria.
Austrian law shall apply.