Terms and Conditions – General Terms and Conditions
1) ScopeBy placi
ng an order, the following terms and conditions of the ro-LINGUA company are deemed to be recognised by the customer. Customers are both legal and natural persons.2) Placi
ng ordersAn order is dee
med to have been placed if the order has been confirmed in writing by RO-LINGUA or by the customer. In the interests of quick and uncomplicated cooperation, the customer can place the order by e-mail (electronically), by telephone, fax, in person or by letter.
3) Execution by third pa
rtiesRO-LINGUA cooperates in part with independent translators and interpreters to carry out the best possible orders received. RO-LINGUA is liable for the choice of the contracted third parties. The business relationship is between RO-LINGUA and the customer. The contact between the customer and the commissioned translator requires the express consent of RO-LINGUA.4)
Offers and pricesAll
offers and prices are subject to change. Prices are in euros unless another currency has been expressly agreed. The prices quoted in offers are net, plus the applicable statutory value added tax. The final prices are payable within 14 days after receipt of the invoice, without deductions or discounts, unless other payment terms have been expressly agreed and specified in the order confirmation. Any additional charges or additional costs can also be discussed in advance with the customer and mentioned in the order confirmation.
If no prices have been agreed, the rates of the Judicial Compensation and Compensation Act (JVEG) as amended apply.
a) Duplicates: The cost of duplicate scopies of certified translations is 20% of the initial copy, but at least €20.00, plus VAT and shipping.5) Remun
erationTra
nslation work and interpreting assignments are services. The remuneration is due within 14 days of receipt of the invoice. In the case of extensive work, RO-LINGUA may demand on-account payments from the client. Similarly, the final delivery of the translation may be made dependent on the previous payment of the invoice amount (train-to-train servi
ce).6) Urgent
orders For the execution of urgent orders, the production of which requires the performance of overtime outside the regular working hours (e.B. evening, night or over the weekend), a surcharge of up to 50% may be charged. Whether and to what extent such an emergency surcharge is levied in individual cases is determined by mutual
agreement.7) D
elivery datesThe delivery dates specified by RO-LINGUA are generally met. However, they can only ever be expected dates. A translation is deemed to have been delivered if it has been demonstrably sent to the customer (e.B. by digital transmission protocol). Translations can of course also be delivered as an expression or on a data carrier (CD, floppy disk). Time indications refer to CET (Central European time).
8) Delay in delivery, non-deli
veryThe customer is only entitled to withdraw from the contract if RO-LINGUA has exceeded a delivery period unreasonably long and has not complied with an appropriate grace period notified in writing. The same situation also applies to non-delivery. The grace period is not necessary only if the customer has already indicated in writing at the time of placing the order that the execution of the contractual service is meaningless for him after the expiry of the agreed delive
ry period.9) Disruption, force majeure, closure and restriction of operation, network and server
trafficRO-LINGUA has taken technical measures to protect all data against misuse, loss, destruction, alteration and damage caused by computer viruses and worms. Therefore, damage of the above type is not to be expected. If, contrary to expectations, damage of the type described above occurs, liability cannot be assumed. When delivering files by e-mail, dial-up or other means of remote transmission, the customer is responsible for a final check of the transferred files and texts for possible viruses. Claims for damages in this respect will not be accepted.
Liability for damages caused by disruption of operation, e..B due to force majeure such as natural events and traffic disruptions, network and server faults, other line and transmission faults and other obstacles for which RO-LINGUA is not responsible, is excluded.
In the exceptional cases mentioned above, RO-LINGUA may withdraw from the contract in whole or in part. This also applies if the operation has to be discontinued, in whole or in
part.10) Cancellation of translation and interpretati
on ordersIf the customer (contractor) withdraws a translation order issued without being contractually entitled to do so, the costs incurred up to the cancellation must be reimbursed and the work performed up to that date must be paid.
In the event of cancellation of already issued interpreting orders by the customer less than 48 hours before the date, the customer shall pay a cancellation compensation of 2 hours. In addition, the customer may be charged further costs incurred by RO-LINGUA for the performance of the order or for which RO-LINGUA h
as made advance payment.11) Assignment
, set-off, rights of retention. Ro-LINGUA requires the written consent of RO-LINGUA if the client wishes t
o assign the rights und
er the concluded contract.12) Liability and complaints , by designating the defect, a translation shall be deemed to be in accordance with the contract. In this case, the customer waives all claims that he may be entitled to due to possible defects in th
e translation.
13) Compensation It is assumed that the client has forwarded all information necessary for the execution of the order to RO-LINGUA. RO-LINGUA shall not be liable for delays or defects caused by an unclear, incorrect or incomplete placing of the order or caused by misleading or incorrect wording in the original text.
If the customer does not specify the intended purpose for the translation or misrepresents it when placing the order, he cannot claim damages if the translation proves to be unsuitable or incorrectly adapted. If a translation is intended for printing and RO-LINGUA does not receive any proof of correction before printing, RO-LINGUA cannot accept any liability for possible errors and resulting damages.14
) Removal of defects
If a translation deviates from the respective agreed requirements, the customer must set a reasonable period of time for rectification. RO-LINGUA will rectify the defect within the said period, if it is appropriate, otherwise within a reasonable period. After expiry of the set period, the customer can demand the cancellation of the contract (conversion) or the reduction of the remuneration (reduction) if the defect has not been rectified in due time. These claims are excluded if the defect reduces the value or fitness of the translation only insignificantly. If the contract is cancelled (conversion), all rights to the translation shall be revoked to RO-LINGUA.
The right to rectification is excluded if the defect has been caused by the customer, e.B. by incorrect or incomplete information or incorrect source texts.15) Transmission
and dispatchThe dispatch
or the electronic transmission takes place at the risk of the customer. RO-LINGUA assumes no liability for incorrect or harmful transmission of the texts or for their loss, as well as for their damage or loss by non-electronic means of transpo
rt.16) Copyrigh
tro-LINGUA assumes that all rights of a text to be translated lie with the client and that he is fully authorized to have the text translated. By establishing a business relationship, the client infrees RO-LINGUA and the translator from all possible claims of third parties. With the translation carried out, the client also receives the rights of use and exploitation, free from all claims of the translator. However, the rights of use and exploitation are only transferred to the client after full payment.17) Da
ta protection
The protection of all personal and company-specific data and documents is taken very seriously by RO-LINGUA and observes all statutory data protection regulations very strictly: The data provided are used exclusively for the specific purpose required. If the client provides data about you or your company, you automatically give us consent to the storage and use in the sense of data protection law. This data is used solely to answer requests or to provide translations or other information. Data from clients will never be sold, passed on to third parties or used in any other way. With the conclusion of a business relationship, the client agrees to this fact.18) Confidentialit
yIn the context
of the execution of a translation, RO-LINGUA will store the communicated data, possibly reforme at it or process it in any way and forward it to a permanent or freelancer. Therefore, every RO-LINGUA employee, firm or free, is obliged to maintain absolute confidentiality about data, documents, facts or other information that he receives in the performance of his duties. The information received may not be stored in the long term and certainly not passed on, but will be sent back to RO-LINGUA in its entirety. Afterwards, all information is transmitted back to the client.19)
Right of inform
ationOn request, we inform each client whether and what data we have stored. We will change or delete this data on request. Please contact us if you have any further questions.20) Applica
ble law and place of jurisdictionThe
contractual relationship and other business relationships between RO-LINGUA and the customer are subject exclusively to German law to the exclusion of international sales law. In the event of any dispute arising from the contractual relationship, the actio[, wenn der Vertragspartner von RO-LINGUA Kaufmann, eine juristische Person des öffentlichen Rechts oder ein öffentlich-rechtliches Sondervermögen ist,]n must be brought before the court which is responsible for the registered office of RO-LINGUA. RO-LINGUA is also entitled to sue at the client's head office.
21) Changes to the terms and conditions and effecti
venessThe validity of these General Terms and Conditions is not affected by the nullity of individual provisions.
For questions or specific prices, please contact us. We will be happy to provide you with a suitable offer.