General Terms and Conditions for Translators
1. Scope
(1) These General Terms and Conditions (GTC) apply to all business transactions between the translator and his clients. The GTC are accepted by the client when placing the order and apply for the entire duration of the business relationship.
(2) The client’s general terms and conditions are only binding for the translator if he has expressly accepted them.
2. Client’s duty to cooperate and provide information
(1) The client must inform the translator about special forms of the translation (translation on data media, number of copies, external form of the translation, etc.) at the latest when the order is placed. The intended use of the translation must be stated. If the translation is intended for printing, the client must give the translator a proof for correction.
(2) The client must provide the translator with information and documents that are necessary for the production of the translation without being asked to do so and when the order is placed (client glossaries, illustrations, drawings, tables, abbreviations, etc.).
(3) Errors that result from non-compliance with these obligations are the responsibility of the client.
3. Execution and correction of defects
(1) The translation is carried out in accordance with the principles of proper professional practice. Unless the client has provided documents or special instructions, technical terms are translated into the generally accepted, lexically acceptable or generally understandable version.
(2) Defects in the translation that are due to poorly legible, incorrect or incomplete text templates or to incorrect or incorrect customer-specific terminology are not the responsibility of the translator.
(3) If the client complains about an objectively significant defect in the translation, the client is entitled to have the defects contained in the translation corrected by the translator. The client must immediately assert the claim for rectification of defects in writing to the translator, specifying the exact nature of the defect. The client must grant the translator a reasonable period of time to carry out the rework.
(4) The right to rectification is excluded if the notification of the defect is not received within 2 weeks of the translation work being submitted.
(5) If rectification or a replacement delivery fails, the statutory warranty rights are reinstated unless otherwise agreed.
(6) The order must be placed in writing. Offers made by telephone must be confirmed in writing. Delivery periods and dates are agreed upon when the order is placed and are binding. However, the translator is not in default as long as the service is not provided due to circumstances for which he is not responsible. If failure to meet a delivery date is due to force majeure, the translator is entitled to withdraw from the contract or to demand a reasonable grace period from the client. Further rights, in particular claims for damages, are excluded in these cases. If the subject matter of the order changes, delivery times and fees must be renegotiated.
4. Liability
(1) The translator is liable for an appropriate amount in the event of gross negligence and intent. Liability for minor negligence only occurs in the event of a breach of essential contractual obligations.
(2) The translator is not liable for damage to or loss of materials provided by the client. The client must ensure that his data is adequately backed up.
(3) Once the translation is completed, it will be sent to the client by the agreed method (post, courier, e-mail). The client bears the shipping risk.
5. Professional secrecy
The translator undertakes to treat the information and documents provided by the client in connection with the order as confidential.
6. Remuneration and basis of calculation
(1) The scope of the translation is determined based on the number of words in the source text or as a standard line. A standard line is defined as 55 characters including spaces. Lines under 30 characters and lines that are too long are converted to standard lines. The level of difficulty of the text is determined by the translator after it has been submitted.
(2) Unless otherwise agreed, payment is due within 14 days of delivery of the translation. (3) In addition to the agreed fee, the translator is entitled to reimbursement of the actual expenses incurred. Proofreading work is charged according to the amount of work involved. For extensive translations, the translator can request an advance payment that is objectively necessary for the translation to be carried out. He can make the handover of his work dependent on the prior payment of his full fee.
(3) In addition to the agreed fee, the translator is entitled to reimbursement of the actual expenses incurred. Proofreading work is charged according to the time and effort involved. For extensive translations, the translator can request an advance payment that is objectively necessary for the translation to be carried out. He can make the handover of his work dependent on the prior payment of his full fee.
(4) If the amount of the fee has not been agreed, an appropriate and usual remuneration is owed based on the type and difficulty. At least the rates listed in the law on the compensation of witnesses and experts are considered appropriate and usual.
7. Retention of title and copyright
(1) The client only has the right to use the translation after full payment has been made.
(2) The translator holds the copyright to the translation.
8. Termination of contract
(1) The client can terminate the contract until the translation work has been completed only for good cause. Termination is only effective if it has been declared to the translator in writing. In this case, the translator is entitled to compensation for lost profits in the amount of the order value.
9. Applicable law
(1) Danish law applies to the order and all claims arising from it. The place of jurisdiction is the translator’s registered office.
(2) The validity of these terms and conditions is not affected by the invalidity or ineffectiveness of individual provisions.
10. Changes
The translator is entitled to change these general terms and conditions at any time. The current version can be found on the translator’s website.