General Terms and Conditions of Business
§ 1 Area of application
(1) Contracts between WORTWELT Übersetzungsagentur e.K. (hereinafter “Wortwelt“) and its clients are concluded only on the basis of the following Terms and Conditions. Clients are acting only in a business capacity within the meaning of the German Civil Code (Bürgerliches Gesetzbuch).
(2) Clients’ Terms and Conditions of Business which diverge from or are in conflict with these Terms and Conditions do not constitute part of the contract even if Wortwelt is aware of them unless this is expressly agreed in writing.
§ 2 Conclusion of a contract
(1) Orders placed by the client are binding.
(2) Wortwelt is entitled to accept the order
within 7 calendar days. Wortwelt is also entitled to decline the order.
(3) Wortwelt is entitled to cause the service under the contract to be performed by third parties or to use the help of third parties.
§ 3 Scope of the services
(1) The translation with be made in accordance with the principles of the proper exercise of professional care.
(2) The client will receive the copy of the translation as agreed under the contract.
(3) Wortwelt is obliged to treat all information provided by the client for the performance of the contract as confidential.
§ 4 Remuneration
(1) Wortwelt’s services are subject to remuneration. The amount of the remuneration is determined by the individual contractual agreements.
(2) If no remuneration is specifically agreed, the client must pay a remuneration of € 55.00 per hour. This will be invoiced in units of five minutes or parts thereof.
(3) The agreed remuneration in accordance with Paragraphs 1 and 2 also applies for travelling and waiting time.
(4) Out-of-pocket expenses and necessary disbursements must be reimbursed separately.
(5) Fees for official certification must be reimbursed separately.
(6) The client is also liable for statutory Value Added Tax.
(7) Wortwelt is entitled at all times to require a reasonable amount as advance payment.
§ 5 Due date of payment, offsetting and retention
(1) Wortwelt’s invoices are due for immediate payment without deduction.
(2) The client may only offset payments due to Wortwelt if a claim is uncontested or has been judged to be final and absolute.
(3) The client is only entitled to a right of retention if the claim against Wortwelt is uncontested or has been judged to be final and absolute.
§ 6 The client’s obligation to cooperate
(1) The client must inform Wortwelt in good time about particular forms of execution of the translation (translation on data-carriers, number of copies etc.). If the translation is to be printed, the client must provide Wortwelt with a proof copy.
(2) Without being so requested, the client must supply Wortwelt in good time with information and documents which are necessary for the preparation of the translation (glossaries, illustrations, drawings, tables, abbreviations, etc.)
(3) Wortwelt will not be liable for errors which arise from failure to comply with these obligations.
§ 7 Copyright, reservation of title
(1) Wortwelt retains title to the service which has been performed until the remuneration for the service has been paid in full.
(2) The client is only entitled to use the service performed by Wortwelt when payment has been made in full.
§ 8 Estimates
(1) Estimates given by Wortwelt are without commitment.
(2) If the contract is based on an estimate and it should transpire that the contract cannot be performed without the estimate being significantly exceeded, Wortwelt must so inform the client without delay.
§ 9 Termination
(1) The client is entitled to terminate the contract at any time without giving reasons.
(2) If the client should terminate the contract, Wortwelt is entitled to demand the agreed remuneration. However, Wortwelt must cause that part of its expenses to be offset which it has saved by reason of the rescission of the contract or by what it earns by the use of its staff elsewhere or what it maliciously neglects to earn. It is accordingly presumed that Wortwelt is entitled to 5% of the agreed remuneration due on that part of the service that has not been performed.
(3) If the client should terminate the contract because the estimate has been exceeded, Wortwelt can require payment of a part of the remuneration corresponding to the work already performed and reimbursement of any expenditure not included in the remuneration.
§ 10 Prohibition of competition
(1) If Wortwelt uses the help of a third party in the performance of the service, the client is not entitled to information on the identity of the third party.
(2) The client is prohibited from coming into direct contact with the third party so long as the client is in contractual relationships with Wortwelt. In the event of an infringement of this provision, the client is liable to a contractual penalty amounting to 10 times the value of the order.
§ 11 Limitation of liability, release from liability
(1) Wortwelt is not liable for a breach of non-material obligations due to minor negligence.
(2) Wortwelt’s liability for a breach of material obligations due to minor negligence is limited to loss or damage which is typical under the contract and which can be foreseen. The client is liable for any loss or damage up to a sum equivalent to 5% of the net value of the order.
(3) Wortwelt is not liable for unforeseeable indirect loss or damage or consequential losses.
(4) The exclusion and limitation of liability also apply to breaches of obligations by Wortwelt’s legal representatives or vicarious agents.
(5) The above exclusion and limitation of liability on the part of Wortwelt do not apply in the event of loss or damage arising from the death, bodily injury and impairment of health of the client and in the event of gross negligence by Wortwelt, its legal representatives and vicarious agents or in the event of claims arising from product liability.
(6) Wortwelt is not responsible for the contents (text, pictures, diagrams, logos, etc.) which the client makes available. Wortwelt is, in particular, not obliged to check for possible infringements of the law.
(7) The client will hold Wortwelt harmless against all prejudice which could arise for Wortwelt through third parties for reason of harmful acts or possible infringements of the law by the client, irrespective of whether undertaken with intent or by reason of negligence.
§ 12 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies. In the case of consumers who conclude the contract for reasons which are other than commercial or professional, this choice of law only applies to the extent that the protection granted thereby is not revoked by mandatory provisions of the law of the state in which the consumer is normally resident. The provisions of the United Nations Convention on the International Sale of Goods do not apply.
(2) If the client is in business, a legal entity under public law or a special fund established under public law, the sole place of jurisdiction for all disputes arising from this contract is the place of business of Wortwelt. The same applies if the client has no general place of jurisdiction in Germany or if his/her abode or normal place of residence is unknown at the time the action is brought.
(3) If individual provisions of these Terms and Conditions of Business are invalid, the validity of the remaining provisions remains unaffected thereby.
Version: January 2018