Terms of Service
Valid from April 2017
1. These general terms and conditions regulate the business relationship between Translanguage, Anja Monette Metzeler, (hereinafter: "TRAM"), and their customers in the areas of translation, editing, proofreading and editing of texts as well as the placement of interpreters (hereinafter: "Services"). .
2.TRAM provides its services exclusively on the basis of these General Terms and Conditions; the General Terms and Conditions are deemed to have been accepted with every order placed with TRAM. Deviating conditions of the client are hereby expressly excluded.
3. TRAM is entitled to change or supplement these GTC at any time.
4. Subsidiary agreements, assurances and other agreements as well as changes and additions to the contract must be in writing to be effective.
Standard of Service and Use of Third Parties
5. The services are carried out with due diligence in accordance with the principles of proper professional practice.
6. TRAM undertakes to properly and professionally write, revise, correct or reproduce a text specified by the customer in the desired language. For translations, TRAM undertakes to ensure that these are carried out without any cuts, additions or other changes to the content. Depending on the meaning of the original text, translations are carried out literally or analogously and true to mentality according to the average, generally applicable quality standards of the translation industry in the respective language area.
7. Individual specialist terminology introduced by the client will only be taken into account after appropriate agreement and if sufficient and complete documents, eg pre-translations or word lists, are made available when the order is placed. Technical terms are otherwise translated or used according to the quality standards according to Section 2.3 as is customary.
8. Only texts are translated or edited. If the text to be translated contains images, it can be rejected or charged additionally. A rejection can also occur in the case of texts with criminal content and texts that offend against common decency. Otherwise, the text can be rejected if there are special circumstances that make editing the text appear unreasonable. This can be the case, in particular, if a translation of a reasonable quality within the period specified by the client is not possible due to the difficulty and/or the scope of the original. TRAM will inform the client of this circumstance as soon as possible. In the event of a rejection, no claim for remuneration is due.
9. TRAM can call in third parties to provide the services or transfer the fulfillment entirely to third parties (hereinafter: “agents”). In all cases, however, contractual relationships exist exclusively with TRAM and not directly with the respective representative.
10. TRAM sees it as an essential part of the services offered to meet the agreed deadlines. If the client changes the source text to a not insignificant extent after it has been delivered to the translator, the translator may request that the delivery date be extended to a reasonable extent. In addition to the agreed fee, the translator is entitled to demand a reasonable hourly fee for the additional work incurred. Other expenses that go beyond the actual translation work, such as checking proofs, will also be charged at an appropriate hourly rate.
Prices & Fees & Payment
11. Unless expressly agreed otherwise, quoted prices are recommended prices. Billing is based on the agreed line, word or character price and the actual number of lines, words or characters (in the target text) or on the basis of the agreed hourly rate and the actual hourly expenditure. The price actually billed may exceed the offer price by a maximum of 15%.
12. If the customer makes additions or changes to the source text after the order has been placed, the permissible offer exceeding of a maximum of 15% does not apply. Additions are made at the agreed line, word or character price and the additional work caused by the changes will be charged at the agreed or usual hourly rate.
13. The client can withdraw from the contract before the translation is delivered, but still owes the entire fee. If a line, word or character fee has been agreed, the entire fee is calculated in such a way that the source text is used for the untranslated part instead of the target text. If a time fee has been agreed, a reasonable estimate of the time required for the part that has not yet been translated must be made.
14. TRAM can make the delivery of its services dependent on prior payment of the full price and/or, particularly in the case of large orders, request an advance payment.
15. TRAM generally provides invoices in PDF format and sends them by email. Unless otherwise agreed, the customer must pay the invoiced price plus applicable VAT within 10 days of the date of invoicing.
16. After the payment period has expired, the customer is in default of payment and TRAM is entitled to charge default interest of 5% and a fee of CHF 20 for each reminder.
Acceptance & rework & defect rights of the customer
17. The client is entitled to the correction of defects contained in the translation free of charge, whereby defects are only to be understood as serious errors in content. All claims are excluded if the deviation only slightly reduces the value or suitability of the translation or adaptation.
18. The customer must assert a claim for the correction of defects within 10 days of delivery of the translation, stating the defects. TRAM must be granted a reasonable period of time to rectify the defect. Subsequent improvement is excluded if the deviations were caused by the client himself, eg through incorrect or incomplete information, faulty original texts or subsequent formatting errors.
19. If the translation still contains deficiencies after it has been revised, the customer is entitled to request further revision or an appropriate reduction in the fee within a period of 10 days from the date of the renewed delivery. Further warranty rights do not exist.
20. The rights to defects are forfeited if no notification of defects is made within 10 days of delivery of the translation. If the notification of defects is made in good time, the limitation period for rights relating to defects is one year after the original delivery of the translation.
Limitation of Liability & Disclaimer of Warranties
21. Liability for damages resulting from a breach of contract by TRAM is limited to cases of intent and gross negligence and, in the case of translation defects, requires the defects to be asserted in good time. Liability for auxiliary persons is excluded in any case.
22. TRAM is not liable for service failures or delays as a result of force majeure and unforeseeable, temporary performance obstacles for which it is not responsible (strike and lockout, failure of communication networks and public transport, illness, and gateways of other operators, etc.)
23. Liability for damage caused by the use of TRAM services, by the faulty storage or transmission of data by TRAM or by the loss of texts and documents for which TRAM is responsible, is limited to the amount of the proven damage. In any case, liability is limited to CHF 50 per page and cannot exceed the foreseeable maximum amount of CHF 500.
24. TRAM does not guarantee that the respective translation/editing is permissible and suitable for the client's purpose. This applies in particular if the delivered text is published or used for advertising purposes. The client alone bears the legal risk of usability/publication.
25. During the period of cooperation between the parties and for a period of one year thereafter, the client undertakes not to poach any specialists working for TRAM himself or subcontracted or to employ them without the consent of TRAM. For each case of culpable infringement, the client undertakes to pay a contractual penalty of CHF 20,000. The payment of a contractual penalty does not release the client from compliance with the non-solicitation clause.
26. TRAM undertakes to treat the client's documents, in particular the source text, confidentially. Unless expressly instructed otherwise, TRAM may assume that the customer agrees to the electronic processing and unencrypted electronic transmission of the translation via the Internet. The customer bears the associated data protection, data change and data loss risks.
27. The agents employed to provide the services are obligated by TRAM to keep customer data confidential.
28. The client grants TRAM the rights required for processing the source text. The client assures that he has the rights mentioned and indemnifies TRAM if claims are made against it by third parties in this regard.
29. TRAM grants the customer the right to use the copyrights created by the translation/text within the scope of the intended purpose recognizable to TRAM at the time the contract was concluded. Any further use requires the consent of TRAM, which will not be refused if the additional use does not affect the author's moral rights and is appropriately remunerated.
30. If it is customary for the respective type of text, the client must name the translator/creator in a suitable form when publishing the translation/text. The client has the right to edit the translation/text. However, if this processing is not only minor, the customer must inform TRAM of this and TRAM has the right to prohibit their attribution.
31. TRAM has the right to use the source and target text as well as the client's documents as working tools by creating glossaries, word lists or text modules in anonymous form and feeding them into its translation database and/or passing them on to agents to carry out an order .
Final Provisions / Applicable Law
32. Orders outside the scope of the service according to these GTC in connection with the services of TRAM are not subject to these GTC.
33. Should individual provisions of this contract be ineffective or void, this shall not affect the validity of the remaining provisions. The invalid or void provision is to be replaced by the relevant statutory provisions. The same applies accordingly to a loophole.
34. The client and TRAM are requested to mutually resolve any differences arising from the contract. The exclusive place of jurisdiction is the domicile, registered office or place of business (within the meaning of Article 5 of the Place of Jurisdiction Act) of TRAM. Contracts concluded on the basis of these GTC are exclusively subject to Swiss law.