1.1 These General Terms and Conditions apply to all current and future business relationships between a client (the customer) and the company providing the services specified in section 1.2 (hereinafter referred to as the language service provider), unless expressly agreed otherwise in individual cases.
1.2 The scope of services provided to the client generally includes transcription (German handwriting to digitally captured German text) and translation (German to English).
1.3 The language service provider undertakes to perform all assigned tasks to the best of their knowledge and in accordance with the principles of cost-effectiveness.
1.4 The client undertakes to inform the language service provider, already during the quotation process, if they intend to use the transcription or translation for other purposes then private research, specifically:
1.4.1 for legal purposes
1.4.2 for publication
1.5 The client may use the transcription or translation only for the purpose specified by them. In the event that the client uses the translation for a purpose other than the agreed one, the language service provider shall not be liable.
1.6 Transcriptions or translations, unless otherwise agreed, shall be delivered by the language service provider in electronic form in a single copy.
1.7 If the client wishes to use a specific technology, they must inform the language service provider simultaneously with the submission of the necessary documentation.
1.8 The language service provider has the right to subcontract the assignment to equally qualified subcontractors; however, they remain the exclusive language service provider and contracting party of the client in such cases.
1.9 The name of the language service provider may only be attached to the published transcription or translation if the entire text has been transcribed or translated by them and if no modifications have been made to the transcription or translation.
2. Prices and Supplementary Conditions for Invoicing
2.1 The prices for transcriptions or translations are determined according to the rates (price lists) of the language service provider applicable to the specific type of transcription or translation.
2.2 The agreed basis (e.g., scope, level of difficulty) serves as the calculation basis.
2.3 Unless otherwise agreed, changes to the order or additional orders may be invoiced at reasonable prices. If, due to the client's fault, additional unforeseen expenses are necessary, especially in cases such as requesting better scans for email correspondence beyond the normal average level of 1-2 emails per standard order, a flat fee of $15 plus tax will be charged to the client.
3.1 Regarding the deadline for the delivery of the transcription or translation, the specific agreement between the client and the language service provider is decisive. If the delivery date is an essential part of the accepted assignment for the language service provider and the client has no interest in a delayed delivery, the client must explicitly communicate this in advance. Compliance with the delivery deadline and delivery date in the case of a fixed-term contract is contingent upon the timely receipt of all documentation to be provided by the client in the specified scope (e.g., source texts and all necessary background information), as well as adherence to the agreed payment terms and other obligations. If these conditions are not met in a timely manner, the delivery deadline will be extended by the period for which the necessary documentation was provided to the language service provider late. In the case of a fixed-term contract, it is up to the language service provider to determine whether the agreed delivery date can still be met despite the late provision of documents by the client.
3.2 Unless otherwise agreed, the documentation provided by the client to the language service provider shall remain with the language service provider after the completion of the translation assignment. The language service provider shall ensure that these documents are kept securely so that unauthorized individuals do not have access to them, the confidentiality obligation is not violated, and the documents cannot be used in violation of the agreement.
4. Force Majeure
4.1 In the event of force majeure, the language service provider shall promptly notify the client. Force majeure entitles both the language service provider and the client to withdraw from the contract. However, the client shall compensate the language service provider for any expenses or services already incurred.
4.2 Force majeure includes, in particular: labor disputes, acts of war, civil war, and the occurrence of unforeseeable events that demonstrably significantly impede the ability of the language service provider to fulfill the contract as agreed.
5.1 An accurate transcription and translation will be pursued by the language service provider.
However, complete error-free delivery cannot be guaranteed to the client.
For a text categorized as "★★★★ excellent" an average remaining error rate of one error
per two standard pages, based on the entire document, is considered customary and compliant
with the contract. (Definition of ★★★★ excellent: The style of writing may vary from meticulously precise
calligraphy to personal expression, but in all cases, the text is flawless, with distinct
separation between individual lines and letters, and there are no overlaps.)
For a text categorized as "★★★ challenging" an average remaining error rate of two
errors per standard page, based on the entire document, is considered customary and compliant
with the contract. (Definition of ★★★ challenging: Frequent overlaps occur, which impair readability.
Recognizing the beginning of words can become a recurring problem. The letters are blurred
by a fast writer's hand, but they can still be recognized through context. Additionally,
there are regularly hinted letters that further complicate readability. Templates that
require additional effort to decipher the text also fall into this category, due to the
degree of sharpness or excessive brightness/darkness of the lighting, or due to dirt,
and so on.)
For a text categorized as "★★ enigmatic" an average remaining error rate of five errors
per standard page, based on the entire document, is considered customary and compliant
with the contract.
(Definition of ★★ enigmatic: This category often features omitted or implied letters,
along with heavily abbreviated words and syllables. As a result, the overall meaning
can often only be deduced from decipherable individual words. Decoding such texts
requires substantial effort and interpretive skills. They present a significant challenge
and are on the brink of becoming unreadable. This category also includes originally
well-written texts that have become difficult to decipher due to poor preservation
No liability is assumed for defects in transcriptions or translations for texts
categorized as "★ illegible" or incomprehensible source texts. (Definition of ★ illegible: At first glance, it seems impossible to discern anything in the text.
Even an expert might have difficulty providing assistance.)
5.2 All defects must be adequately explained, asserted, and substantiated in writing by the client within 1 week after delivery (error report).
5.3 In order to rectify the defects, the client must grant the language service provider a reasonable period and opportunity to remedy and improve their performance. If the defects are rectified within the reasonable period by the language service provider, the client is not entitled to a price reduction.
5.4 If the language service provider allows the reasonable deadline to expire without rectifying the defect, the client may withdraw from the contract or demand a reduction in remuneration (price reduction). There is no right to withdraw from the contract for minor defects.
5.5 Warranty claims do not entitle the client to withhold the entire invoice amount but only a reasonable portion thereof; in this case, the client also waives the possibility of set-off.
5.6 For transcriptions or translations used for printed works, liability for defects exists only if the client expressly states in their order, in writing, that they intend to publish the text, and if proof sheets are presented to the language service provider up to and including the version of the text for which no further changes will be made. In this case, the language service provider is entitled to reasonable compensation.
5.7 Stylistic improvements or adjustments of specific terminologies, etc., are not considered translation defects.
5.8 The transmission of target texts via data transfer (such as email) will be carried out by the language service provider in accordance with the current state of technology. However, due to technical limitations, the language service provider cannot guarantee or be held liable for defects and impairments resulting from such transmission (such as virus transmission, breach of confidentiality obligations, file damage) unless gross negligence on the part of the language service provider can be proven.
5.9 The formatting of the text will be done in accordance with commonly used text file formats, such as Word. Special formatting requests that require technical expertise must be separately requested by the client, with corresponding remuneration specified and defined in the order.
6. Claims for Damages
6.1 All claims for damages against the language service provider, unless legally mandatory otherwise, are limited to the amount of the invoice (net). Cases involving gross negligence or willful misconduct or personal injury are exempt from this limitation of liability for damages.
7.1 The language service provider is not obligated to verify whether the client has the right to have the source texts transcribed or translated. The client expressly warrants that they have all the necessary rights for the execution of the order.
7.2 The client is obligated to indemnify and hold the language service provider harmless against any claims asserted by third parties based on infringements of copyright, related rights, other intellectual property rights, or rights of personality. This obligation applies even if the client does not specify the purpose of use or uses the transcription or translation for purposes other than those stated. The language service provider will promptly notify the client of such claims and, in the event of legal action, summon the client to the dispute. If the client does not join the proceedings as a co-defendant of the language service provider upon summons, the language service provider is entitled to acknowledge the claim of the plaintiff and seek indemnification from the client without regard to the validity of the acknowledged claim.
8.1 Unless otherwise agreed, payment must be made 100% in advance.
8.2 If invoice or delivery details are changed by the client after order placement, the contractor is entitled to charge a handling fee of $5.00 plus VAT.
9.1 The language service provider is obligated to maintain confidentiality and must ensure that any individuals appointed by them are also bound by the same confidentiality obligations.
10. Severability Clause
10.1 The invalidity of individual provisions of these terms and conditions does not affect the validity of the contract as a whole. If a clause is or becomes invalid or unenforceable, both parties agree to replace it with a legally permissible, valid, and enforceable clause that most closely reflects the economic intent of the provision being replaced.
11. Written Form
11.1 Any changes or additions to these General Terms and Conditions and any other agreements between the client and the language service provider must be in written form.
12. Applicable Law and Jurisdiction
12.1 The place of performance for all contractual relationships governed by these terms and conditions is the registered office of the language service provider. The competent court at the registered office of the language service provider has jurisdiction over all legal disputes arising from this contractual relationship. German law, excluding its conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods (CISG), shall apply.