General terms and conditions
1. The contractual relationship between ABOR Translation Service, Pastorenbirnenweg 22, 70437 Stuttgart and its customers is subject to the general terms and conditions.
2. ABOR Translation Service runs a translation service for the production of translations.
3. The presentation of the text to ABOR Translation Service is generally carried out in electronic form. The customer also generally receives the translation in electronic form.
4. Along with the assignment, the customer also submits the subject area(s) which they believe are touched on in the text. The sharing of this information is to be carried out with the greatest possible care for the customer's own interests. If the customer has specific terminology requirements, they are encouraged to inform ABOR Translation Service about these and provide appropriate reference material (templates, glossaries or similar). Use should be made of this option in order to get the best possible translation as a result.
5. ABOR Translation Service may refuse texts with illegal content or texts which go against moral standards – even after the contract has been concluded. Otherwise, a text should only be rejected in exceptional circumstances, also after the conclusion of the contract, for example if, due to the difficulty and/or length of the project, a translation of acceptable quality is not possible within the time frame given by the customer.
6. The customer can decide whether to submit their text for translation straight away, as long as ABOR Translation Service accepts the assignment, or whether they would first like to receive an offer from ABOR Translation Service stating the cost for the translation and the time frame. This offer is without obligation for either party.
The contract is effectively closed as soon as ABOR Translation Service has confirmed this in writing.
7. If, after ABOR Translation Service has accepted an assignment, it emerges that, due to valid reasons (e.g. illness on the part of the translator or technical problems with the network), the assignment cannot be completed within the agreed timeframe, ABOR Translation Service will inform the customer immediately.
8. A translation usually has a different length than that of the original text. As the calculation of the final price is based on the length of the target text, the final price can only be stated after the translation has been completed. Prices may be adjusted depending on the degree of difficulty and the subject area of the source text. In these cases the offer price will be shared with the customer as soon as possible after the text and specifications have been received, in accordance with clause 5.
9. ABOR Translation Service commits itself to having translations carried out in such a way that they do not display any shortcomings. Negligible shortcomings are dismissed. ABOR Translation Service also commits itself to making sure that the translation is carried out without any omissions or additions. ABOR Translation Service reserves the right to add comments, footnotes, etc. to aid the understanding of the text in the target language where necessary. The translators work within the framework of common practice and carry out their work to the best of their knowledge and belief.
10. ABOR Translation Service checks completed translation for completeness, file format and any other shortcomings which could be noticed at first glance and passes it on to the customer. If the customer does not raise any objections within 14 days (beginning with the end of the day on which the translation can be proven (e.g. through sender protocol) to have been sent to the customer, the translation shall be considered approved. In this case the customer waives the right to any claims about any potential shortcomings in the translation.
If the customer argues an objective, not merely insignificant shortcoming within the 14 day period, this shortcoming is to be explained as specifically as possible in text form (e.g. letter, email, fax). At the same time, the customer is to specify the timeframe in which this shortcoming should be rectified. ABOR Translation Service will then arrange the rectification of the shortcoming within the given timeframe if it is reasonable, or if not, within a reasonable timeframe.
If the first attempt to rectify the shortcoming fails, ABOR Translation Service will have the right to improve the translation again based again on as specific an explanation as possible of the shortcoming provided by the customer in text form. If the second attempt to rectify the shortcoming also fails, the customer can choose either to accept a reduction of the agreed fee or to revoke the contract. In the case of the latter, all rights for the translation are returned to ABOR Translation Service.
The customer shall only be entitled to additional rights concerning the shortcomings in the translation if ABOR Translation Service, one of its legal representatives or agents has acted with intent or gross negligence.
In every case, the liability for foreseeable, typically occurring damage is limited and covers neither consequential damage nor any loss of profit. Liability is limited to the amount of twice the agreed payment but a maximum of 20,000 EUR per case of damage.
11. In the case that the agreed deadline for the finished translation is overrun by more than 48 hours, the customer has the right to reduce the agreed fee by 5% per full day (24 hours) for each further day that the deadline is overrun, as long as the overrunning of the deadline is not due to force majeure. The customer only has additional rights if ABOR Translation Service, one of its legal representatives or agents has acted with intent or gross negligence.
12. ABOR Translation Service will charge the customer the fee for the translation immediately after its completion and/or execution.
13. Not withstanding the cases mentioned above (loss of data or data manipulation outside ABOR Translation Service's sphere of influence), ABOR Translation Service will keep all facts and circumstances which are shared during the execution of the contract secret unless ABOR Translation Service is obliged through official or legal orders, legal regulations, etc. to disclose the information. The translators employed by ABOR Translation Service are also bound by appropriate confidentiality agreements.
14. ABOR Translation Service guarantees that the customer can use the translation without temporal or spatial restriction and without limitation according to the stated intended purpose. The customer also has the right to modify the translation or to transfer the rights to the translation to a third party through means of a licence or otherwise. ABOR Translation Service releases the customer from any claims from the translator. However, copyright rights for the translation are first transferred to the customer after full payment. Conversely, the customer is to guarantee that they own the rights for all texts which are to be translated and that they are not limited in their authorisation to have the text translated. The customer releases ABOR Translation Service from any claims which may be made in this respect.
15. In the case of possible disruptions from outside of ABOR Translation Service's sphere of influence, for example on the internet and/or because of providers, the following shall be applicable: if the conditions at the time include communication via e-mail and, in the situation of the particular case, the customer should expect a reply from ABOR Translation Service but does not receive one, the customer shall be obliged to notify ABOR Translation Service of this through other means (e.g. by telephone or fax). Unfortunately 100% reliability of the communication in electronic form between the customer, ABOR Translation Service and the translator can not be guaranteed. In particular it cannot be ruled out that e-mails may be lost and this will not be noticed, that they will be intercepted by third parties or that they will be forged or altered. The customer may, if they cover the cost, request the transfer by fax, post or courier.
Not withstanding the cases mentioned in this clause (loss of data or data manipulation outside ABOR Translation Service's sphere of influence), ABOR Translation Service will keep all facts and circumstances which are shared during the execution of the contract secret unless ABOR Translation Service is obliged through official or legal orders, legal regulations, etc. to disclose the information. The translators employed by ABOR Translation Service are also bound by appropriate confidentiality agreements.
16. If any part of these terms and conditions is or becomes void, the validity of the remaining terms and conditions will not be affected. The contractual relationship between ABOR Translation Service and the customer shall be construed exclusively according to German law, excluding international trade law. To the extent permitted by law, Stuttgart shall be the exclusive court of jurisdiction.
Applicable from: 1st March 2013