TERMS AND CONDITIONS (Translation)
1. Area of Application
These terms and conditions apply to contracts between UVM-Lingua and its clients, unless otherwise agreed in writing or required by law. Customers’ general terms and conditions are only binding for UVM-Lingua, if their application was acknowledged in writing prior to the order.
2. Scope of the translation
The translation is carried out with care and in accordance with general principles of correct professional conduct. The client receives the contractually agreed copy of the translation. UVM-Lingua may use the services of third parties for translations and related activities, where appropriate and at UVM-Lingua’s discretion.
3. Customer Information and Cooperation Requirements
The client will inform UVM-Lingua in a timely manner about the requirements of the translation and provide all the necessary documents and information available (e.g. intended purpose for translation, delivery requirements, number of copies, ready to print, translation appearance, etc.). If the translation will be printed and/or is for external use (websites, data carriers, etc.), the client will allocate enough time prior to printing so that UVM-Lingua can proof read and eliminate any errors. Names, dates and figures contained therein are to be checked by the customer.
All information and documents necessary for the translation must be made available to UVM-Lingua in time and in full as soon as the order is placed (client/industry specific terminology, diagrams, drawings, tables, abbreviations, in-house terminology, etc.).
UVM-Lingua is not liable for errors and delays resulting from delays in the delivery or faulty information material and instruction. The customer assumes the legal responsibility for the content of the texts to be translated and ensures that a translation may be made. UVM-Lingua is not responsible for the content. The customer indemnifies UVM-Lingua from any claims including third-party claims.
4. Terms of Delivery
Unless UVM-Lingua pre-confirms deadlines in writing, delivery times are given to the best of one’s knowledge and belief and can only be estimated delivery dates.
5. The client's rights in case of defects
The customer is under obligation to cooperate with respect to the accuracy and completeness of delivered translations. He undertakes to examine without delay any work supplied by us for defects and for their applicability for the specific purpose, prior to using the document.
Delivered translations are free of defects, if the alleged defects are not reported in writing to UVM-Lingua within 10 working days of receipt. UVM-Lingua is not liable for consequential damages, such as faulty print if the client has not fully and timely fulfilled its obligations to cooperate.
In the event of errors in translation through the fault of UVM-Lingua, we reserve the right to assert our statutory rights to correct errors. The client is entitled to claim for the rectification of errors in the translation. The claim must be made in writing by the client specifying the errors. Errors shall only be deemed accepted if they are confirmed in writing.
In the event of failure to rectify or replace the delivered translation, the statutory warranty rights will be applied unless another agreement has been made.
The translator is liable only for gross negligence and willful misconduct, unless otherwise required by law. The liability for slight negligence occurs only for breach of an essential contractual obligation. Integral contractual obligations are those that are marked as such as part of the order confirmation in writing and acknowledged.
The translations are intended for the sole use of the client. The customer bears the full responsibility for any duplication for commercial, promotional or other purposes.
Our computer equipment (network, workstations, programmes, files, etc.) are regularly checked for viruses and data. When files are delivered via dial-up (modem), e-mail or other remote transmission, the customer is responsible for a final virus and data validation of the transmitted data and text files. Electronic transmission is at the risk of the customer.
The liability of UVM-Lingua is limited to the amount of the net invoice value of the relevant task with a liability limit of 5,000 Euros. The compensation shall be limited to typical, foreseeable at contract conclusion, direct loss.
7. Privacy and Confidentiality
UVM-Lingua agrees to keep all trade secrets confidential, in connection with any work for the client.
Prices given by UVM-Lingua are net prices, exclusive of the applicable VAT. The method of price calculation for translations is the amount per thousand words. Unless otherwise agreed in writing, payments are due 10 days after the invoice date. After this period, the customer is in default of payment. In case of delayed payment UVM-Lingua reserves the right to suspend further execution of ongoing work subject to further rights until the payment has been made in full.
If the fee has not been agreed, the payment owed is judged by the nature and difficulty of reasonable and customary compensation. This does not fall below the applicable rates of the Judicial Remuneration and Compensation Act (JVEG).
9. Reservation of Ownership and Copyright
The translation and its existing rights, including copyright, remain property of UVM-Lingua until complete payment is made in full. After receipt of full payment, the client receives the right to use the contractual scope. UVM-Lingua explicitly draws attention to the statutory provisions on copyright in translations.
10. Right of Withdrawal
Providing that the translation job was based on the fact that UVM-Lingua has offered the service via its internet page, the customer waives existing rights of withdrawal providing that UVM-Lingua has started with the translation work and notified the contracting authority thereof. Should there still be a right of withdrawal; services provided in part are to be compensated accordingly.
11. Applicable Law
German law applies to the contract and all claims resulting thereof. Place of fulfillment is the seat of UVM-Lingua, or its business seat jurisdiction, insofar as legally permissible, the place of performance or, alternatively, the seat of the place of business of UVM-Lingua.
The contract language is German.
12. Severability Clause
The validity of these conditions will not be affected by the invalidity or ineffectiveness of individual provisions. The ineffective provision shall be replaced by a valid one which comes closest to the economic result or the intended purpose. This also applies in the case of contractual gaps.
13. Written Form
Changes and / or additions to these Terms and Conditions are only valid if they have been agreed in writing. This also applies to the amendment and / or waiver of the written form requirement.