Terms & Conditions

Terms & Conditions

1. Scope

1. These Terms & Conditions apply to the complete course of business with the clients of Übersetzungsbüro Jutta Mansutti. These Terms & Conditions are accepted by the client when placing an order and extend over the full term of the business connection. Thus, they extend to future business as well.
2. These Terms & Conditions are accepted and contrary conditions (of the client) are deleted, unless a written notice is received by Übersetzungsbüro Jutta Mansutti (hereinafter referred to as “translator”) within three days stating the term or condition that is not acceptable and the extent to which it is unacceptable.
3. Terms & Conditions of the client are only binding for the translator after explicit acceptance by the translator.

2. Comprehension of a translation order

1. The translation will be performed accurately with due professional care. The client obtains the translation as provided in the contract.
2. Issues concerning style are not a subject matter of the translation.

3. Client's obligation to co-operate and to clarify

1. The client is to inform the translator about any specific details concerning the translation (translation on media, number of the issues, readiness for press, appearance of the translation, etc.) in good time, i.e. at the latest when the order is placed. The client names the target language, topic, specialization, amount of text and, if applicable, any special wishes regarding terminology. The purpose of the translation and date of delivery (deadline) must be stated. If the client does not state that a translation is to be published and if no proof is undertaken before printing or it is printed without the translator’s release, all errors or mistakes are the client's responsibility.
2. Information and documents that are essential to carry out the translation are to be provided to the translator when the order is placed (client's glossaries, illustrations, prints, drawings, lists, abbreviations, etc.).
3. The translator is only obliged to translate abbreviations, if the client provides the translator with the full meaning of each abbreviation. This would not apply if the abbreviations are generally well-known.
4. If a meaning of a word with several meanings only results from a context or a drawing, the translator cannot be held responsible for an incorrect translation, if the appropriate context or drawing had not been provided by the client.
5. Mistakes resulting from the non-compliance of these obligations, are at the client's expense.

4. Implementation and remedial action

1. Offers and quotes are subject to change with regard to pricing, volume, delivery times and terms as well as possibility of delivery.
2. The translation will be performed accurately on the principles of adequate and orderly professionalism. Unless a special agreement or documents have been entered into regarding the technical terms, the translator will process the text and translate it in accordance with the highest standard using terms that meet the usual lexical standards and that are generally understood. In case of ambiguities in the source text, the translator reserves the right to consult the client.
3. The translator is entitled to use third party services for the implementation of all services and business, if the translator finds this to be appropriate or necessary. The translator’s liability in this case is limited to careful selection. The translator’s duty of care is fulfilled, if the third party is a translator, approved by a court of jurisdiction or with which the translator or other translators or agencies have worked with successfully in the past. The business relationship is between the translator (Übersetzungsbüro Jutta Mansutti) and the client. Contact between the client and a third party chosen by the translator requires prior agreement.
4. The translator cannot be held responsible for any shortcomings in a translation, that are caused by information or files provided by the client that are wrong, incomplete, delivered late, have faulty or unreadable (in part or in full) source texts.

5. The translator is entitled to take remedial action. If the client rejects an existing major shortcoming, this shortcoming has to be described promptly and as exactly as possible in writing, and the translator has the right to rework the corresponding part(s). For the implementation of the rework, the translator is entitled to be allowed a reasonable time limit by the client.
6. Unless the client rejects a translation within 5 working days after delivery by the translator, the translation is deemed approved and accepted, and the client cannot claim that a text requires amendment.
7. Delivery terms are specified according to the best of the translator’s knowledge and intention, when the order is placed. They can only be approximate terms, though. The translator is not liable for a non-delivery of a translation, if the non-delivery is due to circumstances that are beyond the translator's control. If a breach of a deadline is due to an act of nature beyond control, the translator is entitled to retreat from the agreement or to demand a reasonable extension of time in order to implement the translation. Extended claims, including matters such as indemnification, are excluded. For any modifications of orders, delivery terms and fees are to be renegotiated.

5. Liability

1. The translator is only liable in case of culpable negligence or intention. Right of recourse for indemnification of third parties is expressly excluded.
2. If the translator is asked for compensation due to copyright infringement or third party claims, the client will protect the translator to the full extent from liability for such claims and/or compensation.
3. The translator is not liable for damages originating from disruptions of its office, including but not limited to force majeure, e.g. Acts of God and disruption of communication or links, network and server errors, other potential line or transmission disruptions or other hindrances, that are out of the translator’s control. In such exceptions the translator is entitled to withdraw in part or in total from the agreement. This also applies to the closure or retrenchment of operation and/or facilities, including but not limited to the translator’s online services, due to important reasons in part or in total for a certain time span.
4. The translator is not liable for damages caused by viruses. To avoid the risk of virus infections the translator uses antivirus software with regularly updated virus definitions and recommends clients do likewise. If files are delivered via e-mail, online platforms or any other remote transmission the client is responsible for a final check of the transferred files and/or texts. Actions for indemnification cannot and will not be accepted.
5. The translator is not liable for damage or loss of materials provided by the client, except for original documents. The client has to assure sufficient backups for his data.
6. Standard shipping procedures (e.g. by regular mail) as well as electronic transfers (via Internet) are at the client's risk. The translator is not liable for faulty or harmful transfer of the files and texts or their loss or the damage or loss through standard shipping procedures.
7. The translator’s liability is limited to the maximum value of the appropriate order and can under no circumstances exceed the payment agreed upon (invoice amount).

6. Confidentiality

1. The translator is obliged to maintain silence about any facts that he/she becomes aware of in the course of preparing translations or proofreading for the client.
2. The translator undertakes to confidentially treat the information and documents provided by the customer in conjunction with the order.
3. Co-operation with colleagues that also underlie confidentiality does not pose a breach or an infringement of the obligation to maintain secrecy.
4. In view of the electronic transfer of texts or data, including other potential forms of electronic communication between the client, the translator and possibly third parties, the translator cannot guarantee the absolute security of operation or information secrets or other confidential data and information, as the risk of unauthorized persons accessing such data or information electronically cannot be excluded.

7. Terms of Payment and computation base

1. A translation's volume is calculated and determined either on the basis of the number of words of the source text or on the basis of the number of standard lines of the translated text. A standard line includes 55 keystrokes, i.e. characters and blanks.

2. Unless agreed otherwise the translator will invoice the fee for its service on completion of the translation. The invoice is due for payment within 14 days from the invoice date net total via bank money transfer excluding offset or retention. In case of payment default (30 days from the invoice date at the latest) the translator is entitled, not excluding potential extended claims, to invoice interest and provisions according to the standard rates of German banks for short term credits, where interest will be at least five percent p.a. on top of the current discount rate of the German Federal Bank.
3. In addition to the fee agreed, the translator can claim for refund of the effectively accrued expenses. Proofreading is invoiced on the basis of an hourly rate. Extensive jobs entitle the translator to request partial payment in advance or in instalments according to the part of the job finished.
4. If the client is in default with services regarding the business relationship or if the translator gets notice of conditions that lower the credit worthiness of the client (e.g. execution of a court or administrative judgement, commencement of bankruptcy or settlement proceedings, negative information from credit control organizations in good standing, etc.) the translator is entitled to hold material from delivery without verification of payment and to mature open or not yet due receivables immediately.
5. If the fee to be invoiced has not been agreed upon in advance, the usual payment owed shall be appropriate to type and difficulty. In this respect, the rates mentioned in the German Law on Payment and Compensation by Judiciary Authorities shall be considered reasonable and usual.
6. Prices are quoted in €, unless otherwise stated. All prices quoted are net excluding VAT. Deliveries outside the European Union are to be understood without VAT. Deliveries within the European Union are to be understood without VAT, if the client submits his/her value added tax identification number by the time the order is placed.

8. Proprietary Right and Copyright

1. The delivered translation remains the property of the translator until all receivables have been fully paid. No beneficial interest is granted to the client prior to this. In case the translation has been done for a third party, the translator retains the right to inform such a third party of the unpaid receivables and the resulting illegality of the use of the said translation and to request payment of receivables and connected costs from such a third party.
2. The translator reserves all copyrights on its translations.

9. Termination of a contract

1. Before a translation is completed the client can only terminate the contract due to a very important reason. The termination is only then valid, if it is explained in writing to the translator. In such a case, the translator is entitled to indemnification for lost profit on the value of the contract.

10. Jurisdiction

1. The business relations between the translator and the client, and any claims resulting thereof, are exclusively subject to German law and exclude international trade law.
2. Unless contrary to German law, place of jurisdiction for all arguments or disputes for both parties is the seat of the translator, Reutlingen, Germany.

11. Final Clause

1. In accordance with and limited by data protection acts, the translator is entitled to process and store personal data of the client.
2. The legal position between the translator and the client falls in the jurisdiction of the Federal Republic of Germany.
3. These Terms & Conditions’ validity is not affected by the invalidity or impracticability of one or several of the clauses. The invalid or impractical clause has to be replaced or amended in agreement with both parties in such a way that the originally intended economical purpose according and within the limits prescribed by law or regulations will be represented as closely as possible.