Translation is the art of getting the gist of what the author is trying to say and expressing the essence of it in another language. Simultaneous interpreting is the art of understanding even before the speaker has finished his sentence so that the listener is not lost in translation.
General Terms and Conditions
1. General Terms and Conditions of Business
The following General Terms and Conditions of Business are an integral part of any such contract as may be entered into with Melanie Nikolaus. Melanie Nikolaus will hereinafter be called the User; the party entering into an agreement with Melanie Nikolaus will hereinafter be called the Customer. The general terms and conditions of business of the Customer will not be recognised to the extent that they contradict the following General Terms and Conditions of Business.
2. The Pricing of Translation Services
The pricing of services shall be based on the fee schedule issued by the User from time to time. The price of translations shall be based on the number of standard lines in the finished translation. A standard line, according to such a fee schedule, shall be defined as 55 keystrokes including spaces. Any lines commenced will be summarised and lines with more than 55 keystrokes will be converted to standard lines (55 keystrokes). The number of standard lines will usually be calculated on the basis of lines contained in the target language of the translation. Target languages with non-Latin characters shall be excluded from this practice. In such a case, the number of standard lines will be determined on the basis of the source text. Translations from one foreign language to another, where neither language is German, shall be subject to a surcharge of up to 50%, which is added to the standard-line price of the more expensive language according to the current fee schedule. Translations will, where possible, reflect the layout and pagination of the source text. Requests for an exact duplication of the layout of the source text or for any deviations from the original layout or special requests shall be communicated to the User in writing and may be subject to additional fees.
3. Place of Performance and Effect
The place of performance and effect relative to the obligations of both parties to the agreement shall be the domicile of the User. If the Customer requests translations to be dispatched, the User will dispatch translations by e-mail, regular mail (no express post, no registered mail) or by fax. Any other forms of delivery shall be agreed upon in writing. Any and all costs relating to dispatch shall be borne by the Customer. Any ancillary costs that the User incurs in its performance of the Customer's order will be invoiced in accordance with the terms and conditions contained in the current fee schedule. The Customer shall bear any risk relative to the dispatch of translations.
4. Terms of Payment
a) For translations that are collected by the Customer, payment of the fee and the handing-over of the translated text shall occur in a reciprocal and simultaneous manner.
b) For translations that are shipped to the Customer at the Customer's request, payment of the fee shall be due within 8 days of the date of invoice.
c) If the Customer is in arrears with payment, late interest will be charged at a rate of 2% p.a. above the central-bank discount rate (of the German Bundesbank), plus value added tax. Such interest may be higher or lower if the User demonstrates a higher interest charge or if the Customer demonstrates a lower interest charge.
d) Any reductions in price or special discounts agreed upon will be cancelled if the User is forced to take legal measures to collect outstanding payment following unsuccessful reminders. In such an event, the fee shall be based on the current fee schedule.
e) The Customer may offset claims against the User's receivables only if such claims have been acknowledged in writing or confirmed by declaratory judgement.
f) If the User terminates the agreement with the Customer with just cause and without notice, the User shall be entitled to damages that shall be due immediately in an amount equivalent to half the remainder of the fee that would have been owed to the User if the agreement had been executed in full. The User shall be entitled to the same amount of damages if the agreement is terminated because of bankruptcy or composition proceedings against the Customer or if the Customer terminates the agreement before it is executed, regardless of whether the services contracted for involve translation or interpreting services. The Customer is entitled to demonstrate to the User that the loss or damage suffered by the User is less than what the User has claimed.
5. Terms and Deadlines of Delivery
Any terms and deadlines of delivery agreed upon shall be non-binding. In the event that delivery is delayed or a deadline is missed, the Customer shall call on the User in writing to deliver within a reasonable period of time. After expiry of the period defined in the reminder, the User shall be deemed in default. After expiry of the period defined in the reminder, the Customer may grant the User an appropriate grace period for performing the services and attach a declaration to the effect that the Customer will refuse to accept the services after the grace period has expired. Upon expiry of the grace period, the Customer will be entitled to demand damages for non-performance or to rescind the agreement if the services have not been rendered in time. The User shall not be deemed in default if the services are not rendered due to circumstances for which the User or its vicarious agent is not responsible.
6. Liability for damages
The User's liability for damages shall be limited, except for instances of faulty services, to intentional acts and gross negligence. The same shall apply to vicarious agents acting for and on behalf of the User. The amount of the User's liability for damages shall be limited to the existing insured amount under its business liability insurance policy of no more than EUR 50,000. Any special terms and conditions of such insurer as the User retains at the time that the damage occurs shall apply. It is hereby stated in express terms that such terms and conditions shall be part of any agreement entered into between the User and the Customer. The insurer's terms and conditions will be sent to the Customer at the Customer's request. Claims brought by the Customer regarding faulty services shall be subject to the provisions under section 7 below.
The User shall not be responsible for translation errors caused by illegible, faulty or incomplete source texts, the Customer's own terminology (to the extent that such terminology was not supplied or is faulty) or by the absence of contexts. Any issues relating to questions of style shall also be excluded from liability. In the event of translation errors for which the User is responsible, the Customer's warranty claims shall be limited to the right of subsequent improvement. The Customer shall submit its request for subsequent improvement to the User in writing, including a full statement of the defects to be remedied. The Customer shall grant the User a reasonable period of time to attempt subsequent improvement. If the translation contains errors, the Customer's right of subsequent improvement shall be excluded if the Customer has failed to submit a written notice of defects within two weeks following delivery of the translation. If subsequent improvement fails, the Customer shall be entitled, at the Customer's discretion, to a reduction in the fee or rescission of the agreement. Claims for damages by the Customer for faulty services shall be excluded.
8. Additional Services
All translation work related to additional services, particularly camera-ready texts, regardless of the procedure used, that can be reproduced ("reproducible texts"), etc., will be executed as such only if the User has received a written order that clearly specifies that the Customer requires such quality. The User shall have no liability for the aforementioned type of translation work (in particular, camera-ready translations and translations to be reproduced for multiple use) if the Customer fails to instruct the User by written order as specified above and thus fails to identify the translation as a translation for such purposes or if the Customer fails to submit to the User a rough proof of the text in question for proof-reading prior to going to print. The original of the rough proof shall be submitted to the User. The User shall have no liability whatsoever if the Customer is in breach of any of these obligations.
The User shall not accept any liability for damage to or loss of any of the texts that the Customer submits to the User as a result of storms, water damage, fire, theft, etc.
10. Termination of the Agreement by the Customer
The Customer may terminate the agreement at any time prior to the completion of the translation. In such an event, the Customer shall pay for such translation as far as it has been completed up to that point. For the termination of the agreement to be effective, the Customer shall give the User written notice.
11. Intellectual Property
Translations shall be the intellectual property of the User. The multiple use thereof (bulletins, circulars, forms reprinted or reproduced, etc.) shall be subject to the User's consent thereto.
The Customer shall indemnify the User regarding any claims by third parties that may arise due to the infringement of copyrights belonging to third parties.
12. Applicable Law
The agreement between the Customer and the User and its interpretation and execution shall be subject to German law even if the Customer is a foreign national whose residence and/or business domicile is located outside of Germany.
Jurisdiction over disputes arising from or related hereto shall lie with the courts of Landshut.