General conditions

These General Terms and Conditions (GTC) apply to all business transactions between the translation agency Tetrapod Translations, hereinafter referred to as the Translation Agency, and commercial customers, hereinafter referred to as the Customer. The General Terms and Conditions are accepted by the Customer by placing an order and shall apply for the entire duration of the business relationship. They shall therefore also apply to future transactions. The Translation Agency's offers are subject to change with regard to prices, quantity, delivery deadlines and delivery options. These General Terms and Conditions shall be deemed to have been accepted and conflicting terms and conditions shall be deemed to have been abandoned if the Translation Agency does not receive a written objection within three days, specifying the exact nature and scope of the condition not to be accepted. Supply contracts, amendments. Amendments and subsidiary agreements made with the customer shall only become binding for the Translation Agency upon written confirmation. The customer cannot derive any claims against the Translation Agency from obvious errors, any discrepancies in the catalog and illustrations, typing and calculation errors. The customer's terms and conditions shall only be binding if the Translation Agency has expressly recognized them.

The Customer shall place translation orders in electronic or other form. An order shall only be deemed to have been placed if it has been confirmed in writing or by e-mail. In the interest of the smoothest possible cooperation, orders will also be accepted by telephone or other informal means. However, any problems arising from this shall be borne by the client. To this end, the customer shall specify the target language, subject, specialist area and scope of the text as well as any special terminology requirements. The intended use and delivery date should also be specified. The Translation Agency shall not be liable for delays or deficiencies in execution caused by an unclear, incorrect or incomplete order placement or errors or misleading or even incorrect formulations in the source text.

The Translation Agency may use third parties for the execution of all transactions if this is deemed appropriate or necessary. The Translation Agency shall only be liable for careful selection. The duty of care in the selection shall be deemed to have been satisfied in any case if the third party commissioned is a translator/interpreter who is sworn in/authorized by a court for the respective language, has appropriate training and experience, or with whom we or companies and translators known to us have already worked together successfully. In principle, the business relationship exists only between the customer and the Translation Agency. Contact between the customer and a third party requires the consent of the Translation Agency.

All offers and prices are subject to change. Prices are quoted in EURO, unless otherwise agreed. In the case of large orders, a down payment or payment in installments may be requested in accordance with the volume of text completed. All prices quoted by the translation agency are net prices excluding VAT.

The volume of the translation is determined on the basis of the number of standard lines of source text. A standard line is 55 characters including spaces. Lines under 30 characters and lines with excess length are converted to standard lines. Also, a pricing per word can be used upon agreement. The costs for an interpreting service are normally calculated per hour. Any published, non-binding price lists may be changed by us without prior notice. Prices and conditions granted do not justify the assumption that they will also apply in the future without confirmation. However, the Customer shall be informed of any deviations from previously published prices, express surcharges or additional demands at the latest with the order confirmation. Shipping costs, postage and other ancillary costs shall not be charged to the customer, provided the Customer is not responsible for them and they are within normal limits.

If the Customer cancels a confirmed order of interpreting and/or translation service, the interpreter or translator is entitled to a cancellation fee. Cancellation up to 14 days before the start of the assignment is free of charge; 20% of the total price is due if a service is canceled less than 14 days before the confirmed date; 50% of the total price - if canceled less than 7 days before the confirmed date; 80% of the total price - if canceled less than 3 days before the confirmed date and 100% of the total price is due if a service is canceled after the start of the interpreting/translation work.

Delivery deadlines are given to the Customer to the best of our knowledge and belief. They can only ever be estimated dates. A delivery is deemed to have been made when the translation has been verifiably sent to the client (sender's protocol). On request, the translation can also be delivered as a printed document or on a data storage device. The time information refers to the Central European Time (CET).

The Translation Agency shall not be liable for damage caused by disruption to our operations, in particular by force majeure, e.g. natural disasters and traffic disruptions, network and server errors, any other line and transmission disruptions and other obstacles for which the Translation Agency is not responsible. In such exceptional cases, the Translation Agency shall be entitled to withdraw from the contract in whole or in part. The same shall apply if the Translation Agency suspends or restricts operations, in particular the online service, in whole or in part for a certain period of time for good cause. The Translation Agency shall also not be liable for damage caused by viruses. The latest anti-virus software is used to avoid the risk of infection. Before sending electronic data, the Customer is obliged to ensure that it is not infected by viruses. For deliveries of translations in file form, the customer is responsible for a final check of the transferred files and texts. Claims for damages in this respect cannot be recognized.

If no special agreements have been made regarding the quality requirements for the translation or if no specific requirements are evident from the nature of the order, the Translation Agency shall produce the translation of the text to the best of its knowledge and belief, completely and in accordance with the meaning and grammatically correct for the purpose of providing information. If the Customer does not raise any written objections without delay, but at the latest within 5 days (receipt by us), the translation shall be deemed to have been approved. In this case, the Customer waives all claims to which he may be entitled due to any defects in the translation. If the Customer complains about an objectively existing and not merely insignificant defect within this 5-day period, this defect must be described as precisely as possible and we must first be given the opportunity to rectify it. This also applies to rush orders with a very short delivery period. If rectification is demonstrably unsuccessful, the Customer shall be entitled to a reduction in price or rescission. Further claims, including claims for damages due to non-fulfillment, are excluded. Liability shall in any case be limited to the value of the order in question. In any case, the Translation Agency shall only be liable for gross negligence and intent; liability for slight negligence shall only apply in the event of a breach of material contractual obligations. Recourse liability in the event of claims for damages by third parties is expressly excluded. The Translation Agency shall not be liable for translation errors caused by incorrect, incomplete or untimely information or documents provided by the client or by incorrect or illegible (even partial) source texts. If the client does not specify the intended use of the translation, especially if it is to be published or used for advertising purposes, he may not demand compensation for any damage caused by the fact that the text proves to be unsuitable for the intended use or that the publication or advertising has to be repeated or leads to damage to the company's reputation or loss of image due to a faulty adaptation. If the Customer does not state that the translation is intended for printing or does not send the Translation Agency a proof before printing and prints without our approval, any defect shall be fully at the Customer's expense. If a claim is made against the Translation Agency on the basis of a translation due to an infringement of copyright, or if claims are asserted by third parties, the Customer shall indemnify us in full against liability. Unless expressly agreed otherwise in writing, the Translation Agency shall not accept any liability whatsoever for materials, order components, warranted characteristics, shipping instructions, processing instructions and the like provided by the Customer. The Translation Agency shall not be obliged to check these for compliance with the statutory standards within the meaning of the Product Liability Act and/or the German Civil Code. In such cases, the Customer shall be liable without limitation and shall indemnify the Translation Agency in full against all third-party claims at the time the claim is made.

The Customer shall only be entitled to withdraw from the contract in such cases if the Translation Agency is responsible for the delay in performance and impossibility, and the delivery deadline has been exceeded by the Translation Agency for an unreasonably long time period and the Customer has set the Translation Agency a reasonable grace period in writing.

The assignment of rights arising from a contract by the Customer shall require the written consent of the Translation Agency.

Unless otherwise agreed, the Translation Agency shall invoice the Customer immediately after completion of the translation. The payment shall be due within 14 days of the invoice date, excluding offsetting or retention, by bank transfer, PayPal or cash. In addition to the agreed fee, the translation agency shall be entitled to reimbursement of the expenses actually incurred and agreed with the Customer in advance.

If payment is not made by the due date, the Customer shall be in default without any further special notification being required. In the event of default, the Translation Agency shall be entitled, without prejudice to any further claims, to charge interest and commission in accordance with the usual rates of German banks for short-term loans, but at least interest of 3.5% p.a. above the respective discount rate of the European Central Bank. If the Customer is in arrears with payments arising from the business relationship or if we become aware of circumstances that may reduce the customer's creditworthiness (e.g. judicial or administrative execution proceedings, bankruptcy or composition application, negative information from recognized credit protection organizations, etc.), the Translation Agency may make any further delivery dependent on advance payment and make deferred claims due immediately.

The delivered translation and the copyright to it shall remain the property of the Translation Agency until all claims have been paid in full; until then, the client shall have no right of use. If the translation was carried out for a third party, the Translation Agency reserves the right to inform this third party of any outstanding claims and the resulting illegality of the use of the translation and, if necessary, to demand payment of the outstanding amounts and any expenses incurred by us in connection therewith.

Dispatch or electronic transmission shall be at the Customer's risk. The Translation Agency shall not be liable for any faulty or damaging transmission of the texts or for their loss or damage during non-electronic transportation. Insured shipping or encrypted shipping is possible at the Customer's expense.

All texts shall be treated confidentially and the Translation Agency undertakes to maintain secrecy about all facts that become known in connection with the translator's work. In view of the electronic transmission of texts and data as well as any other communication in electronic form between the Customer, the Translation Agency and possible vicarious agents, the Translation Agency cannot guarantee absolute protection of trade and information secrets and other confidential data and information, as it cannot be ruled out that unauthorized third parties may gain access to the transmitted texts by electronic means.

The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the Customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of the registered office of Tetrapod Translations. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.