General Terms and Conditions for INTERMUNDOS GmbH
Paragraph 1 Scope of application
These General Terms of Business apply to all business transactions between INTERMUNDOS GmbH (INTERMUNDOS), the customer (Client) and third parties (Contractors). With their order, the Client or Contractor recognises these General Terms of Business, which will then apply to the entire business relationship and therefore also to future orders. INTERMUNDOS will only be bound by the Client’s or Contractor’s terms of business if INTERMUNDOS expressly recognises them in writing.
Paragraph 2 Placement of orders, Client’s duties of cooperation
(1) The Client must place orders by email, fax or post. The Client will be responsible for performance defects or delays that result from the placing of unclear, incorrect or incomplete orders. The relationship relating to the order will only come into being when INTERMUNDOS has by email or fax confirmed the order by way of a confirmation of order that refers specifically to the Client’s respective order.
(2) When placing an order for translation, the Client must specify the target language, technical field and purpose for which the text is destined, any special terminological requirements and any special requests regarding the method of execution (outer appearance of the translation, storage on specific storage media and so on). If it is intended to print the translation, the Client must provide INTERMUNDOS with the opportunity to proof-read the translation before the printed version is created. INTERMUNDOS will not be liable for errors resulting from the non-fulfilment of these obligations.
Paragraph 3 Execution of the order, delivery times
(1) The translation will be carried out for informational purposes to the best of our knowledge and belief in full and in accordance with the rules of grammar and in compliance with the meaning of the text and the purpose of the translation. In the event that the Client does not provide any accompanying information material or special instructions, technical terms will be translated in the usual way and in a generally understandable manner. The translation performance will not include style revisions. The Client will receive the translation in the agreed form.
(2) If, where words possessing several meanings are concerned, the meaning of a word is only apparent from the context of the text, the Client will be responsible for any translation errors if he or she did not provide to INTERMUNDOS the accompanying materials necessary to carry out the translation.
(3) INTERMUNDOS may employ the services of contractors to carry out the order. By signing a delivery agreement, submitting a quote and/or by accepting an order, the Contractor undertakes to treat documents, all materials and any personal data entrusted to him or her as highly confidential, to not forward them to others and to process them exclusively for fulfilling the contract in accordance with the order placed by INTERMUNDOS. In the event of non-compliance, the Contractor will be fully liable to INTERMUNDOS and will release INTERMUNDOS from any claims made by third parties.
(4) Delivery times will be stated by INTERMUNDOS to the best of its knowledge and belief; they, however, can only ever be probable dates and cannot be guaranteed.
(5) The translation will be dispatched in accordance with the Client’s specifications by email, fax or post. INTERMUNDOS will not be liable for damage that occurs during transport.
Paragraph 4 Payment
Insofar as no other agreement exists for the individual case, the usual payment in euros will be deemed to have been agreed. Insofar as no other agreement has been made, payment will be calculated on the basis of the word count or standard lines in the translated text while taking account of the level of difficulty of the text to be translated, the agreed delivery time and the source text’s file format. A standard line consists of 55 characters (including layout characters and spaces). The prices are net prices to which value added tax will be added. In the event of large orders, an appropriate down payment along with part payments based on the completed amount of text will be requested. Full payment will be due on receipt of the translation. Here, offsetting with disputed demands is not permitted.
Paragraph 5 Cancellation
If, without being legally or contractually entitled to do so, the Client cancels a placed order, the costs incurred up to the point that the order was cancelled must be settled and any work carried out up to this point in time must be paid for.
Fees depending on the type and duration of the deployment will be charged for cancellations of interpreter performances. For interpreter performances of up to one day, it will be possible for the Client to cancel the order and incur no cost if the order is cancelled at least three days before the date that has been arranged for the work. INTERMUNDOS will invoice a cancellation charge of up to 50% of the agreed fee for cancellations made within 72 to 24 hours before the date that has been arranged for the work The agreed fee will be invoiced in full for cancellations made within 24 hours before the date that has been arranged for the work. For interpreter performances lasting more than one day, it will be possible for the Client to cancel the order and incur no cost if it is cancelled at least ten days before the date that has been arranged for the work. INTERMUNDOS will invoice a cancellation fee of up to 50% of the agreed fee for cancellations made within nine to three days before the date that has been arranged for the work. The full fee will be invoiced for cancellations received after this time limit. The Client will be free to demonstrate that the damage suffered in the concrete individual case is considerably less than the flat cancellation fee.
Paragraph 6 Warranty
(1) The Client must check the delivered translation.
(2) Complaints about defects will only be given consideration within commercial business if INTERMUNDOS is notified in text form immediately after delivery (in the event of apparent defects) or immediately after any defects have been discovered (in the event of concealed defects). The defect about which the complaint is being made must be described specifically. If the Client does not provide such notification, the translation will be deemed to have been approved.
(3) Complaints about defects in non-commercial business must be made in text form with concrete specification of the defect and, in the event of apparent defects, such complaints must be made within a time limit of 14 days of the delivery of the translation.
(4) In the event of defects for which notification was provided in accordance with Section 2 or Section 3, INTERMUNDOS will be entitled to rectify the defect. If such rectification fails, the Client may set an appropriate time limit for INTERMUNDOS to rectify the defect and associate the setting of the time limit with the declaration that the Client will reject rectification of the defect after the said time limit has expired. After the time limit has expired, the Client will be entitled at his or her discretion to demand that payment be reduced or that the contract be rescinded.
(5) No liability will be assumed for defects caused by the Client breaching his/her duties of cooperation or that have been caused by incorrect, incomplete, terminologically incorrect or poorly legible source texts.
(6) INTERMUNDOS’ liability will be limited to intent and gross negligence insofar as no breach of an essential contractual duty has occurred – in this event, liability will be restricted to typical and foreseeable damage – or insofar as no injury to life, limb or health has occurred. The same applies to the liability of INTERMUNDOS’ vicarious agents.
(7) INTERMUNDOS’ liability will – also in the event of slight negligence – be restricted to the invoice value of the order concerned. In regard to companies, liability for grossly negligent breach of primary contractual duties will be restricted to typical and foreseeable damage; liability for damage caused by the consequences of defects, indirect damage and lost profits is excluded.
(8) The Client may not take recourse to INTERMUNDOS to exercise any contractual or legal claims for compensation by third parties. The Client will in any case release INTERMUNDOS from all claims by third parties in full at the point in time when such claims are made.
(9) INTERMUNDOS will not be liable for damage suffered as a result of force majeure (natural catastrophes, power failures, Internet failures, computer viruses that cannot be discovered through regular anti-virus scans, etc.). In these cases, INTERMUNDOS will be entitled to withdraw from the contract or to demand that the Client grant an appropriate time limit to execute the order. Claims for compensation are excluded in this case.
Paragraph 7 Reservation of ownership, right of utilisation, copyright
The translation will remain the property of INTERMUNDOS until payment has been settled in full. Only when the payment has been settled in full will the Client acquire the non-exclusive right of use to the translation. The translator who carried out the translation will own the copyrights to the translation. The Client will release INTERMUNDOS from copyright claims – even those by third parties – that may be made against INTERMUNDOS as a result of the translation.
Paragraph 8 Data protection
Protecting the personal data of all Clients and business partners is important to INTERMUNDOS. While collecting, processing and using personal data, INTERMUNDOS must comply with the applicable European and German data protection legislation.
INTERMUNDOS collects, processes, uses and stores only the personal data which are required in order to fulfil its contractual duties as well as duties applicable before a contract is closed, and in order to protect INTERMUNDOS’s business interests (e.g., in terms of customer relationship management, quality assurance, complaints management). While fulfilling these legal requirements, it may become necessary for INTERMUNDOS to transfer personal data to contracting third parties in order to fulfil INTERMUNDOS’s contractual duties. Every other purpose for processing requires the data subject’s consent.
Stored data can be subject to legal obligations to retain records. Beyond this obligation, INTERMUNDOS does not store personal data any longer than the applicable data protection legislation and other rules allow for.
Any further information can be found in the Data Privacy Statement of INTERMUNDOS GmbH.
Paragraph 9 Confidentiality
INTERMUNDOS undertakes to keep secret the contents of the documents to be translated, the information material provided in connection with the order and the data of which it has become aware through the business relationship (personal data included). Cooperation with third parties in order to fulfil contractual duties (as well as duties applicable before a contract is closed) does not constitute a breach of this duty.
A duty of confidentiality does not exist insofar as the data in question is generally known or INTERMUNDOS is obliged to effect disclosure as a consequence of legal regulations, official or court instructions.
Paragraph 10 Applicable law, place of jurisdiction, amendments, effectiveness
The law of the Federal Republic of Germany will apply to the relationship resulting from the order and the rights and duties arising out of it. The place of juris-diction for both contract parties will be INTERMUNDOS’ place of business.
The Client will be notified of any amendments to these General Terms of Business in the confirmation of order. The effectiveness of these General Terms of Business will not be affected by the ineffectiveness or invalidity of individual provisions. Deviations, amendments or secondary agreements along with the waiving of the text form requirement must be confirmed in text form by INTERMUNDOS.
This is the translation into English of INTERMUNDOS GmbH’s General Terms and Conditions. In the event of any disputes between the parties, the original German version of these terms and conditions will apply.
Last updated: 24 May 2018