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1. Scope of Service
1.1 The scope of service comprises, unless agreed otherwise in writing, the following conditions.
1.2 The Client agrees to communicate what he wants to use the translation for, e.g. whether it serves
1.2.1 for information only,
1.2.2 for publication and advertising,
1.2.3 for legal purposes or patent processes,
1.2.4 or any other purpose for which a specific translation of the texts by the translator involved is important.
1.3 The Client may use the translation only for the stated purpose. In the event that the Client uses the translation for any purpose other than that for which it was ordered and delivered, the Client fails to cite a claim for damages against the translation agency, subsequently named Contractor.
1.4 If the purpose of the translation is not disclosed to the Contractor, the Contractor shall perform the translation to his knowledge for the purpose of information (see 1.2.1).
1.5 Translations are to be submitted by the Contractor, unless agreed otherwise, in one copy in typewritten form in paper format A4.
1.6 Unless otherwise agreed the provisions of point 6.3 of DIN 2345 ("Translation jobs") apply for the formal design.
1.7 If the Client requires the use of specific terminology, he should inform the Contractor at the same time as the necessary documentation is forwarded. This also applies to language variants.
1.8 The technical and linguistic accuracy of the source text is the exclusive responsibility of the Client.
1.9 The Contractor shall have the right to transfer the contract to equally qualified third parties. In this case, however, he remains the exclusive Contractor.
1.10 The name of the Contractor must be included only if the published translation, if the entire text was translated by him or if no changes were made, to which the Contractor has not given his consent.
2.1 The fees (prices) for translations are determined by the rates (price lists) of the Contractor to be used for each type of translation.
Translations are based on word count of the source text. As minimum price an agreed price with the Client will be charged.
2.2 Services of effort beyond the scope of a simple word processing, are charged by agreement (e.g. templates are delivered in a special file format, a special graphic form that requires its own software, is required by the Client).
2.3 Unless otherwise agreed, the source text constitutes (result of the translation) the calculation base.
2.4 If a cost estimate was provided, it applies only if provided by writing.
2.4.1 Other cost estimates only provide an approximate guideline.
2.4.2 The cost estimate is calculated to the best of knowledge, but no guarantee for accuracy can be furnished. Should arise after the order placement the cost estimate be exceeded by more than 15%, the Contractor will notify the Client forthwith. If it is an unavoidable cost overrun of up to 15%, a separate notification is not required and this costs can be invoiced without further ado.
2.5 Cost estimates, which are delivered without insight into the source documents are valid only as non-binding guidelines. The Client is obliged even without information according to item 2.4.2, if the Contractor does not create a new cost estimate, to pay the actual cost of translation according to item 2.1.
2.6 Unless otherwise agreed, order changes or additional orders can be invoiced at appropriate prices.
2.7 Collectively agreed wage or salary increases entitle the Contractor for a subsequent price correction.
2.8 Stable value of the claim, including collateral charges is given. The measure used to calculate the value of the resistance is the Austrian Statistical Office TKAGY monthly consumer price index or an index that replaces it. Serves as a reference, the index number calculated for the month of conclusion of contract. Fluctuations in the index number up or down to only 2.5% are not considered. This margin is to be recalculated at each crossing of the upper or lower limits, whereas always the first index number outside of the applicable margin forms the basis both for the revision of the amount of the loan as well as for the calculation of the new margin. The thus resulting amounts are rounded to one decimal place.
2.9 For the checking of foreign translations, the full fee of an initial translation can be charged.
2.10 For express and weekend work an appropriate additional fee may be charged.
3.1 For the deadline of delivery of the translation the mutual written agreements apply. If the delivery date is an essential part of the order accepted by the Contractor, the Client shall explicitly notify about it in advance.
Requirement for compliance with the delivery period are the timely receipt of all documents to be supplied by the client in the specified scope (e.g. source texts and all necessary background information) as well as the agreed terms of payment and other obligations.
If these requirements are not met on time, the delivery period shall be extended accordingly.
3.2 The failure to comply with the delivery period only entitles the Client to rescind the contract if the delivery schedule was agreed upon as fixed (see point 3.1, first paragraph) and the Client met all the requirements of point 3.1, second paragraph. Damage claims by the Client are excluded, except those of intentional or grossly negligent damage.
3.3 Unless otherwise agreed delivery will be by post.
3.4 Risks connected with delivery (transmission) are to be borne by the Client.
3.5 Unless otherwise agreed, the documents made available by the Client to the Contractor remain with the Contractor after completion of the translation. The latter one has no obligation to store or otherwise handle them. But the Contractor has to make sure that these documents can not be used contray to contract.
4. Force Majeure
4.1 In the event of force majeure, the Contractor shall notify the client immediately. Force majeure shall entitle the Contractor and the Client to cancel the contract. The Client, however, has to compensate the Contractor for any expenses and services already incurred.
4.2 As force majeure are considered in particular:
Hazard, labour disputes; act of war, civil war, unforeseen circumstances that demonstrably affect the ability of the Contractor to carry out the order as agreed essentially.
5. Liability for shortcomings (warranty)
5.1 Any complaints about the quality of the translation must be made within four weeks after delivery (delivery to the post office) of the translation. Shortcomings must be explained in writing in sufficient form and proven by the Client.
5.2 In order to remedy the shortcomings, the Client must grant the Contractor a reasonable opportunity and deadline extension. If he refuses then the contractor is exempt from liability. If the shortcomings are corrected within a reasonable period by the Contractor, the Client shall not be entitled to a price reduction.
5.3 If the Contractor misses the appropriate extension deadline without removing the defect, the Client may cancel the contract or demand a reduction of the purchase price (reduction). In case of minor defects a withdrawal or a reduction in price is not allowed.
5.4 Warranty claims do not entitle the Client to withhold any agreed payments.
5.5 For translations which are used for printing any liability for shortcomings exists only if the Client expressly states in writing that he intends to publish the text and if the Contractor is presented (Author edit) galley proofs up to and including that version of the text after which no more changes are made. In this case the Contractor is to be paid a reasonable reimbursement for correction or hourly fee.
5.6 For translation of hard to read, illegible or incomprehensible sources there is no liability whatsoever. This also applies to checks of translations according to items 2.9 and 5.5.
5.7 Stylistic improvements and adaptations to specific terminologies (particularly to industry-specific and corporate terms) aso. are not acknowledged as translation defects.
5.8 For job-specific abbreviations that were not specified when placing the order or explained by the Client, there is no liability.
5.9 The Contractor assumes no responsibility for the correct spelling of names and addresses in documents that are not written in Latin letters. In such cases the Client is recommended to provide the spelling of proper names and addresses on a separate sheet and in block letters. This also applies to illegible names and numbers on birth certificates and other documents.
5.10 Numbers are only reproduced according to the manuscript. No liability is assumed for the conversion of numbers, measures, currencies and the like.
5.11 The Contractor is liable as custodian within according to the Austrian Civil Code for a period of four weeks after completion of the order for client-supplied manuscripts, originals and the like if they are not to be returned with delivery.
An insurance obligation does not exist. Restoration item 3.5 applies mutatis mutandis.
5.12 No liability is assumed for the provision of translators and interpreters, except for during the selection process wilfully or grossly negligently caused damage.
5.13 No liability is assumed for proofreading services according to item 2.9 if the source text is not provided by the Client.
5.14 No liability is assumed for resulting defects and impairments (such as virus transmission, breach of confidentiality obligations), except for cases of gross negligence of the Contractor if translations are transmitted by data transfer (such as e-mail, modem, aso.).
6. Damages and interest
6.1 All claims for damages against the Contractor are, unless not mandatory prescribed by law, are limited to total amount of the invoice (net) for that order. Excluded from this limitation of claims for damages are cases where the damage was caused by gross negligence or wilful misconduct. Liability is not assumed for loss of profits or consequential damage.
6.2 If the Contractor contracted a liability insurance for property damage, damage claims are limited with the amount set by the insurance for the specific case.
7.1 The Contractor is not required to check if the Client has the right to translate the source text or to have it translated, but is justified in assuming that the Client has all those entitled rights against third parties, which are necessary for the execution of the order. The Client expressly acknowledges that he has these rights.
7.2 The Client has to indicate the intended purpose for copyrighted translations. The Client acquires only those rights that match the specified purpose of the translation.
7.3 The Client is obliged to keep the Contractor harmless with respect to all claims that may be brought by third parties for violation of copyrights, neighbouring rights, other intellectual property or personal rights. This applies even if the Client does not specify a use or uses the translation for other purposes than those stated. The Contractor shall identify such claims to the Client immediately and proclaim the dispute to him in legal action. If the Client does not join the dispute as joint litigant of the Contractor, the Contractor shall be entitled to recognize the claim of the plaintiff and indemnify himself against the Client without regard to the legality of the approved claim.
7.4 In accordance with § 23 of the Federal Law Gazette No. 111/1936 the copyright of the translation is in no way transferred to the client.
7.5 In the event of exploitation of the translation, the translation agency can, unless agreed otherwise, require to be named as the author of the translation. The nomination must contain the full name "Translating-IT / Vienna".
8. Payment and usage rights
8.1 Payment, unless otherwise agreed, has to be carried out at delivery of the translation in cash resp. immediately after the delivery.
The Contractor shall be entitled to charge a reasonable down-payment. The full amount can be claimed in advance for private and foreign Clients. If collection is agreed and the translation is not picked up by the customer in a timely manner payment obligation of the Client starts with the day the translation is for pickup.
8.2 At late payment the Contractor shall be entitled to withhold supplied contract documents (e.g. manuscripts to translate). When payments are late, according to Directive 2000/35/EC of the European Parliament and of the Council of 29th June 2000 brought on combating late payment in course of business, default interest at the rate of 7% above the interest rate published by the ECB are charged.
8.3 Failure to comply with the agreed upon payment terms between the Client and Contractor, the Contractor shall be entitled to cease work until the Client complies with his payment obligations. This also applies to contracts where a fixed delivery date has been agreed (see item 3.1). If the value of the obligation to pay blatantly underweights the value of the pad retention is possible only up to the value of the payment obligation.
By cessation of work the Client on one hand is not entitled to claims, on the other hand, the Contractor is without prejudice to its rights in any way.
8.4 All usage rights remain with the Contractor until full payment. According to Federal Law Gazette No. 111/1936 the Client has no right to reproduce and distribute the translation, if the appropriate usage rights have not been transferred, and can be sued according to Federal Law Gazette No. 111/1936 § 81 for compensation on infringement.
The Contractor shall be bound to secrecy. He shall ensure that representatives assigned by him are committed to confidentiality. The Contractor shall not be liable for non-compliance with this obligation by the representatives except for gross negligence in the selection of representatives.
10. Legal Venue
Place of fulfilment for all contracts that are subject to these Terms and Conditions, is the official place of business of Translating-IT, thus Vienna. For disputes about the existence or absence of such relationship and for litigation from such contractual relationships governing actions of the Contractor in regards of orders from our Clients, the Contractor can choose the legal venue of the Contractor (Translating-IT) or the general legal venue of the Client for claims against the Client, for claims against the Contractor (Translating-IT) the general legal venue of the Contractor (Translating-IT) is solely responsible. Austrian law shall be as agreed.
11. Liabilities of the contract
The contract remains binding in the remaining parts even if legal invalidity of individual items is given.