GLOBAL TRANSLATE GmbH (hereinafter referred to as GLOBAL TRANSLATE), Rungestr. 1, 10179 Berlin, represented by managing director Harald Zulauf, listed in the commercial register of Charlottenburg Municipal Court under HRB 139477 Handelsregister B, Telephone: 030-65000 106, Fax: 030-65000 350, www.global-translate.de.
Article 1 Subject of the contract, scope of application, terms and definitions
The subject of this contract is the provision of language services. Said services may consist of the translation of submitted texts, but may also take the form of editing services or interpreting activities, for which additional contractual and price conditions may apply. Quoted prices from GLOBAL TRANSLATE always apply to standard translations, unless it is specified in the quotation that specialised characteristics such as technical, legal or advertising-oriented requirements are to be taken into account in the translation process and that the appropriate specialists are used.
These general terms and conditions (GTCs) apply to all services provided by GLOBAL TRANSLATE. Clients’ conditions conflicting with or deviating from these GTCs shall not apply, unless GLOBAL TRANSLATE grants its express consent to their application in written form.
All products and services offered by GLOBAL TRANSLATE are intended solely for clients who are either entrepreneurs or corporate bodies under public law or represent special funds under public law.
Article 2 Prices, price list, offsetting, partial delivery
Commissioning is carried out on the basis of individual quotations or price lists.
Unless otherwise agreed upon, billing shall be conducted based on standardised pages consisting of 1,500 characters per page excluding spaces. Billing is conducted based on each page started, meaning that the translation of texts containing fewer than 1,500 characters excluding spaces shall be billed as one standardised page.
If partial deliveries have been agreed upon, billing for the service rendered shall be conducted upon the commensurate partial delivery. In the event of large-scale orders with long delivery deadlines, GLOBAL TRANSLATE is entitled to require an appropriate advance payment from the client. The delivery of the translation may be made contingent upon prior settlement of the invoice amount.
Since the offer exclusively addresses entrepreneurs, all prices specified are net prices, i.e. do not include value-added tax.
The client may only offset claims in the event that said claims are undisputed or legally recognised. The client may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
Article 3 Conclusion of the contract
Contracts with GLOBAL TRANSLATE may be concluded via E-mail, personal contact, fax or telephone. Contracts are not concluded in electronic commerce (Section 312e of the German Civil Code [Bürgerliches Gesetzbuch – BGB], since the documents to be translated are always assessed on a case-by-case basis.
However, you may send texts without obligation by using the GLOBAL TRANSLATE online tool, whereupon GLOBAL TRANSLATE will provide you with a quotation without delay.
You can read the GTCs, by using your internet browser, at any time on the website www.global-translate.de/en/gtc.html. These may also be printed out or saved on your computer.
The website is available in German and English; the contract languages are German and English.
Article 4 Delivery date and delivery, cancellation
If delivery dates have been agreed upon, they shall be deemed to be upheld if the finished order has been sent by no later than the date in question in such a manner that it should arrive to the client on time in consideration of usual post delivery times or transfer times for the respective type of shipping.
Should it prove impossible to comply with the delivery deadline due to reasons for which GLOBAL TRANSLATE is not responsible (such as sudden illness of the translator in question, strike, power failure or failure of the essential means of communication), even if said reasons happen to a subcontractor contracted by GLOBAL TRANSLATE, then GLOBAL TRANSLATE shall be entitled to request from the client a reasonable extension of the delivery deadline.
In the event that interpretation activities have been firmly agreed upon and are cancelled by the client, 25 percent of the agreed upon remuneration shall be paid if cancellation takes place up to one week prior to the agreed appointment, 75 percent of the agreed remuneration shall be paid if cancellation takes place up to 72 hours prior to the agreed appointment and the full sum of the remuneration shall be paid if cancellation takes place within the final 72 hours prior to the agreed appointment.
Article 5 Obligations of the client
When placing the order, the client shall inform GLOBAL TRANSLATE of special execution requests (layout, specialised translations, observance of particular terminology, glossaries or reference materials) and provide GLOBAL TRANSLATE with all the information and documents required to execute the order in a timely manner. This is also a prerequisite for GLOBAL TRANSLATE’s compliance with delivery deadlines (Article 4). The client is obliged to appoint a competent contact person for technical follow-up questions. Should the client fail to do so, GLOBAL TRANSLATE shall be entitled to terminate the contract and, as the case may be, claim for damage compensation.
Article 6 Rights of use
GLOBAL TRANSLATE grants the client the right to exclusive and unlimited use of the text upon payment in full and without reserve.
Article 7 Data protection
Please consult our data protection declaration for our declaration regarding data protection. You may read our data protection declaration, by using your internet browser, at any time on the website www.global-translate.de/en/data-protection.html. The declaration may also be printed out or saved on your computer.
Article 8 Confidentiality
GLOBAL TRANSLATE undertakes to maintain the confidentiality of the texts to be translated as well as all information of which it gains knowledge through the activity executed for the client. GLOBAL TRANSLATE may grant potential subcontractors access to the texts.
Article 9 Liability
GLOBAL TRANSLATE shall assume liability without restrictions for deliberate acts and gross negligence. The same applies to harm to life and limb and personal health. Liability under the German Product Liability Act remains unaffected.
Beyond that, GLOBAL TRANSLATE shall only assume liability as follows: GLOBAL TRANSLATE shall only assume liability for damages resulting from ordinary negligence if said damages are based on the violation of essential contractual obligations. Essential contractual obligations are those contractual obligations which must be fulfilled to enable the proper performance of the contract in the first place and which the contractual partner can assume will be complied with. If GLOBAL TRANSLATE assumes liability for an instance of ordinary negligence according to this, GLOBAL TRANSLATE’s liability shall be limited to the typically foreseeable damages.
The provisions of Paragraph (2) shall apply accordingly to a limitation of the obligation to render compensation for unnecessary expenditures (Article 284 of the German Civil Code). The preceding liability limitations also apply to the benefit of vicarious agents of GLOBAL TRANSLATE.
GLOBAL TRANSLATE’s liability for claims for damages — irrespective of legal basis — is excluded for all other cases, unless a specific guarantee assumed by GLOBAL TRANSLATE states otherwise.
Article 10 Performance
All translations are executed to the translator’s best knowledge and in good faith. Specialised terms shall be translated into conventional and/or generally understandable terms, unless otherwise agreed upon with the client.
GLOBAL TRANSLATE assumes no responsibility for errors caused by the client as a result of incorrect or incomplete information or faulty original texts. This also applies to illegible passages, names or numbers in certificates or similar documents. GLOBAL TRANSLATE’s liability for the loss of texts and documents in the company’s possession caused by breaking and entering, theft, fire, water, storm or loss in mail is excluded, unless GLOBAL TRANSLATE caused the damages deliberately or through gross negligence. The client shall inform GLOBAL TRANSLATE in written form in the event that he is transferring particularly valuable texts (on account of the contents or the document itself) to GLOBAL TRANSLATE and, if possible, shall safeguard the data and texts.
In the event that GLOBAL TRANSLATE is held liable for violating the rights of third parties (copyright) on account of a translation work performed, the client shall undertake to indemnify GLOBAL TRANSLATE from said liability in full.
The glossaries and translation memories (TMs) compiled in connection with the translation shall remain property of GLOBAL TRANSLATE.
The customer is obligated to notify of complaints in the event of obvious defects immediately upon transfer of the translation by way of commercial communication, or, in the event of concealed defects, immediately upon discovery thereof.
Article 11 Final provisions
This contract is subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
If the client is a merchant or legal entity under public law, Cologne shall be the exclusive legal venue for any disputes direct or indirect resulting from the contractual relationship. The German version of this contract is the basis for any disputes resulting from this contract.
Any amendments or addenda to the General Terms and Conditions must be made in written form. This also applies to the repeal of the requirement for written form.
In the event that individual points become legally invalid, the remainder of this contract shall remain binding.