Dr. Jonida Xhyra-Entorf: übersetzen, Dolmetschen und Sprachunterricht

General Terms and Conditions for translations, interpretations and language courses (valid since 01st Sep 2006)

1.

General provisions

(1)

The following General Terms and Conditions apply to contracts between the sworn TRANSLATOR and interpreter Mrs. Dr. Jonida Xhyra-Entorf (in the following "TRANSLATOR") and the client, save for special agreements been made between the parties or compulsory regulations.

(2)

General Terms and Conditions being used by the client shall be binding for the TRANSLATOR only in case they had been explicitly recognized and accepted in writing by TRANSLATOR.

(3)

These General Terms and Conditions are also available in German and Albanian. In case of any discrepancies between various versions the German version prevails.

2.

Scope of translations

(1)

The translation will be performed according state of the art. The client will receive the translation as contractually agreed.

(2)

The translations correspond to the source text in content, style and format without any corrections of the source at translating (e.g. editing). The translation will be done exclusively according to the source texts provided by client and background information if given. In case no additional documentation or instructions have been provided by client special terms will be translated according to generally accepted, lexically justifiable and generally comprehensible wordings.

(3)

For legalisation of documents originals have to be presented to the TRANSLATOR.

3.

Scope of interpretations and language courses

(1)

The interpretation will be performed according state of the art. It will be done without adding or leaving-out parts. In some cases it might be necessary to provide explanations to allow for better understanding.

(2)

The language courses will be adjusted for the particular group of students using successfully implemented teaching methods. As far as no other agreement has been made one teaching block consists of two lessons of 45 minutes each.

4.

Clients obligation to co-operate and duty of disclosure

(1)

The client has to inform the TRANSLATOR latest at placing the order about the required form of the translation (purpose of the translation, delivery on data mediums, number of copies, readiness of print, form of the translation etc.). In case the translation will be used for publication or advertising the client has to provide one correction copy to the TRANSLATOR prior to the final printing to allow the TRANSLATOR to correct possible errors. Names and numbers have to be checked by client.

(2)

Information and documents which are necessary for the translation or interpretation (clients terminology and glossary, pictures, tables, abbreviations, internal terms), will be provided by client to TRANSLATOR latest at placing the order.

(3)

TRANSLATOR shall not be liable for errors and delays in translating which occur due to lack of information or delayed deliveries of information and instructions.

(4)

TRANSLATOR shall be held harmless by client and client shall indemnify TRANSLATOR from any copyright infringement or third party claims.

5.

Complaints of the client

(1)

If the translation proves defective, TRANSLATOR shall correct such defective part at her cost on contractual delivery basis. Firstly the client only has the right to ask for the correction.

(2)

The client has to claim for the complaint removal the TRANSLATOR by exact declaration of the deficiency. In the event that, subsequent to client's claim hereunder, it is determined that the translation is not defective, then client shall reimburse TRANSLATOR for all costs and expenses incurred by TRANSLATOR as a result of such claim.

(3)

In the event the TRANSLATOR does not remove the complaints within an adequate period or resists to remove the complaints or the removal of the complaints has to be considered failed after negotiating with the TRANSLATOR the client has the right at the expense of the TRANSLATOR to do the correction by another TRANSLATOR, to insist on a reduction of the fees or to withdraw from the contract. The removal of the complaints has to be regarded as failed if after several tries the translation still contains complaints.

(4)

Complaints in the translation which are based on bad readability, wrong or incomplete source texts or wrong terminology of the client are not part of the TRANSLATORs responsibility.

(5)

Complaints in interpretation which are based on bad articulation, strong dialects or bad or wrong used terminology are not part of the TRANSLATORs responsibility.

(6)

Delivery dates will be agreed latest at placing the order and are binding. As far as the delivery is delayed due to circumstances the TRANSLATOR is not responsible for she cannot be claimed. If the delay is based on force majeure the TRANSLATOR has the right to withdraw from a contract or to ask the client for an adequate extension of time. Further rights, particularly claims for damages, are excluded in any case. In case of changes to the contract the delivery dates and fees have to be newly negotiated.

6.

Liabilities

(1)

The TRANSLATOR is liable solely in the event of culpable or gross negligence or intent. Gross negligence does not cover damages due to computer damages, transmission errors occurred during email transmission or virus attacks. To avoid the risk of virus infection the TRANSLATOR will use anti-virus software. Liability for simple or minor negligence is applicable only when significant contractual obligations have been breached.

(2)

The clients claim against the TRANSLATOR for damages according to Paragraph 6 (1) sentence 4 is limited to 5.000 EUR; in special cases an agreement about higher damages can be agreed.

(3)

The exclusion or limitation of liability according paragraph 6 (1) and (2) do not apply for damages to life, body of health.

(4)

Clients damages against the TRANSLATOR according to translation deficiencies (§ 634a BGB, German Civil Code) become time-barred within one year after acceptance of the translation as far as no deceitfulness is existent.

(5)

The liability for consequential harm caused by a defect is against § 634a BGB (German Civil Code) limited to the period of limitation. This will not touch § 202 Abs. 1 BGB (German Civil Code).

7.

Confidentiality

(1)

The TRANSLATOR committed himself to observe secrecy about all issues which she learnt in connection with his activities fort he client.

8.

Third party involvement

(1)

In executing the job the TRANSLATOR is allowed to consult experienced colleagues or specialists.

(2)

In case of the involvement of a third party the TRANSLATOR ensures their commitment to confidentiality as mentioned in paragraph 7 (1).

9.

Terms of payment

(1)

The fee for the translation will be determined based on the number of standard lines of the source text. If the source text is not available electronically the basis will be the translated text. A standard line is regarded of 55 letters including spaces. The calculation of the standard lines will be done by an international approved counting software for TRANSLATORs. The counting result of this software is binding for both parties.

(2)

The calculation of interpretation activities and language courses is based on hourly and daily rates.

(3)

In addition to the agreed fees the TRANSLATOR has the right to charge agreed costs related to this contract. These costs are but not limited to travel costs according German regulations, costs for document transmission and costs for phone/fax. For time intensive translations the TRANSLATOR has the right to ask for an adequate advance payment. Prior to performing the translation the TRANSLATOR might agree with the client in written form that the hand-over of the work depends on the advanced payment of the total fees and costs.

(4)

The invoice of the TRANSLATOR is due and payable without any deductions latest 14 days after issuing of the invoice.

(5)

Fees and costs are exclusive of VAT. The VAT might be added according the German regulations.

(6)

If there is no fee agreed between the TRANSLATOR and the client the payment will be based on type and difficulty and will be paid according usual rates. This rates will not be below the prices mentioned in the German Justice Payment regulations (JVEG).

10.

Reservation of ownership

(1)

The delivered translation and the copyright thereto shall remain TRANSLATORs property until all related invoices have been paid fully. Until then the client has no right to use translations.

(2)

The TRANSLATOR reserves the right for a possibly originated copyright.

11.

Applicable law and jurisdiction

(1)

The contractual relationship and any other business relations between the client and our agency are subject exclusively to German law. The sole place of jurisdiction for any and all disputes for both parties is the court at the place of the TRANSLATOR.

(2)

Should one or more of the clauses of these General Terms and Conditions be or become null and void, this shall not affect the validity of the remaining clauses. Both parties shall in such case be obligated to agree to replace any such invalid condition or provision by a valid condition or provision which will best serve the original purpose of the invalid condition or provision.


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