Terms and conditions for translation services
By confirming his/her wish for Textklinik GmbH to perform a translation service for the client, the client enters into a binding agreement with Textklinik GmbH subject to the following terms and conditions.
1. Translation details
1.1 While we try to translate documents as accurately and literally as possible, we may reword the translated form to improve the grammar or to make it more readable.
1.2 In the case where an interpretation is necessary for a translation, we will try our best to correctly interpret the text. We will not be held responsible if the wrong interpretation is made.
1.3 We are not obligated to perform a translation of any text submitted, although if we cannot provide a requested service, we will inform the client at our earliest opportunity.
2. Translation timescales
Our services start when we receive all the details required to proceed with the translation and end with the time that we send the client an email of the translated text.
3.1 Textklinik GmbH is registered with the local data protection office and takes adequate measures to ensure that any personal data submitted to us is kept confidential.
3.2 We are, however, legally obliged to keep client details (for accounting purposes) for a 7-year period.
3.3 Detailed records including email correspondence, texts submitted for translation and their translated version, and details about the translation will normally be kept for a period of 3 months after a text for translation is submitted (and until payment is received).
3.4 We will not distribute any personal details to marketing companies or other similar agencies.
4.1 Textklinik GmbH retains the copyright to any translated text unless otherwise specified.
4.2 Permission is granted to use the material for a period of 1 month following the transfer of the translated text to the client. Any use of the translated material outside of this period will be considered an infringement of the copyright and will be dealt with accordingly.
4.3 On receipt of payment for the translation, the copyright will be transferred to the customer.
4.4 We reserve the rights to use the original and translated texts as we see fit. At some future date, we may publish a selection of the translations.
5. Rates and charges
5.1 At Textklinik GmbH, we try to keep all our published rates correct and up to date. However, we reserve the right to change them without notice.
5.2 We are committed to the charge quoted on an official quote for a period of 1 calendar month after the quote is dispatched to the customer.
5.3 All prices are stated in euros unless otherwise mentioned.
6.1 By accepting these terms and conditions, the client agrees to abide with our terms of payment.
6.2 An invoice for payment will be dispatched to the customer via mail or email shortly after completion. It is the client’s responsibility to notify us if this invoice is not received.
6.3 Payments for translations are due immediately after receiving the invoice. Late payment will incur a €30.00 surcharge for each month that a payment is overdue to cover our extra costs.
6.4 Various methods (including legal methods) may be employed to recover late payments. The client will be liable for any costs incurred by these methods.
7.1 Textklinik GmbH accepts no liability for any loss or damage due to any errors in the translation.
7.2 Textklinik GmbH accepts no liability for any loss or damage due to the late or incomplete delivery of any documentation.
7.3 Textklinik GmbH accepts no liability for any loss or damage due to any errors in any information provided by us or any person or persons associated with us.
7.4 Textklinik GmbH accepts no liability for any loss or damage due to any documentation or material sent to the client (including computer viruses).
7.5 Textklinik GmbH accepts no liability for any loss or damage of any documentation or material sent to us by the client.
7.6 Textklinik GmbH shall not be liable for any default due to any circumstance beyond its reasonable control including, but not limited to, acts of God, war, civil unrest, riot, strike, lockout, acts of civil or military authorities, fire, flood, or earthquake.
7.7 For important translations, we strongly recommend that the client has the translation either checked or performed by a court-sanctioned translator.
7.8 In all cases, the liability of Textklinik GmbH shall not exceed the amount paid.
8. Governing law and jurisdiction
8.1 This agreement shall be governed by the laws of Germany and the parties hereby submit to the exclusive jurisdiction of the courts of Germany.
8.2 Textklinik GmbH is subject to jurisdiction of the German courts and any legal action must be pursued therein.
8.3 Textklinik GmbH must be informed in person of any complaint or legal action pursued against it or any person or persons associated with it within 3 months of the client’s submission of a text for translation. Detailed records will normally be destroyed after this period.
9.1 Textklinik GmbH has the right to refuse to accept work from any client regardless of the circumstances.
9.2 We cannot accept work from any person under the age of 18 or any persons not legally responsible for his/her actions. By submitting a text for translation, the client is indicating that he/she is legally responsible for his/her actions.
10.1 The client agrees that save in respect of any statements made fraudulently, he/she shall have no remedy in respect of any untrue statement upon which he/she relied in entering this agreement and that its only remedies shall be for breach of contract.
10.2 The headings in these conditions are for ease of reference only and shall not affect the interpretation of any of the conditions.
10.3 We reserve the right to change any or all of these conditions at our discretion.
10.4 If any term or provision of these conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid, illegal, or unenforceable provision eliminated.
10.5 Textklinik GmbH may without the consent of the buyer sublicense its rights or obligations or any part of these conditions.