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General Terms and Conditions

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»The true art of language exists in being understood.«
Confucius
§ 1 Scope

These General Terms and Conditions (GTC) apply for the collective business transactions between the translation agency ProLinguo GmbH, Fliederstr. 3, 30167 Hanover – hereinafter referred to as "ProLinguo" – and the customer, hereinafter referred to as the "Client". The General Terms and Conditions are deemed to have been accepted by the Client with the placing of the order. They shall apply for the entire business relationship, thus also for future orders.

§ 2 Services to be provided

ProLinguo will perform translation services for the Client. The object, scope and period will be determined between the Client and ProLinguo before commencement of the execution of an order.

§ 3 Order placement, duty of the Client to cooperate

(1) The Client may place orders via email, fax, post or telephone. Defects in performance or delays which result from the unclear, incorrect or incomplete placement of an order are the responsibility of the Client.
(2) In placing the order, the Client must indicate the target language, subject area and the purpose of use of the text, special terminology preferences as well as special wishes in respect to the form of the layout (external appearance of the translation, saving on specific storage media and the like) and the time of performance.
(3) If the translation is intended for print, the Client must deliver a proof to ProLinguo in sufficient time before printing so that ProLinguo can correct potential defects. Names and numbers must be checked by the Client.
(4) Accompanying informational material and documents that are necessary for producing the translation must be delivered by the Client to ProLinguo upon placement of the order, without being requested to do so. If the delivered informational material is not sufficient, ProLinguo can request additional informational material on the topic from the Client.
(5) Errors and delays that result from non-compliance with these duties are the responsibility of the Client.

§ 4 Execution of the order

(1) The translation will be produced in complete form, in accordance with grammatical rules, as well as in agreement with the meaning of the text and the purpose of use of the translation, in accordance with the best knowledge and conscience for purposes of information. To the extent that informational accompanying material or special instructions have not been transmitted by the Client, technical terms will be translated in the commonly accepted and generally understandable form. Stylistic revision is not the subject of this contract. The Client shall receive the translation in the agreed form.
(2) If the specific meaning of a word that has multiple meanings only arises from interrelationships within the content and internal context of the text, errors in translation are the responsibility of the Client, to the extent that he has not provided the necessary accompanying informational material to ProLinguo for the preparation of the translation.
(3) ProLinguo may use the services of third parties for fulfilment of the contract.
(4) Delivery deadlines will be specified on the basis of the best knowledge and belief and can always only be estimated deadlines that are not guaranteed with binding effect.
(5) The translation shall be sent via email, fax or post in accordance with the wishes of the Client. ProLinguo shall not be liable for damages occurring during transport. The Client is obligated to notify ProLinguo of the receipt of the translation with a brief message.

§ 5 Remuneration, terms of payment

(1) To the extent that no deviating agreements exist in individual cases, remuneration shall be calculated on the basis of the standardized lines (standard lines) of the text. A standard line has 55 characters (including spaces).
(2) Remuneration is to be settled within 14 days after receipt of the invoice. Offsetting with contested receivables is excluded in this respect.
(3) If the customer is in arrears with payment, he shall receive a first written reminder and an additional seven days to settle the invoice. If payment is still not received, ProLinguo shall send a second written reminder, which shall give an additional seven days for payment of the open invoices. When this term has expired, a chamber of solicitors or debt collector shall be commissioned to execute the demand note.

§ 6 Rectification of defects, liability

(1) All translations will be produced to the best possible standard.
(2) If, contrary to expectations, one of the translations should have a flaw, this must be reported to ProLinguo immediately after its discovery. The communication must be made in writing by the Client no later than two weeks after delivery, otherwise the translation shall be deemed to be free of defects. The indicated flaw must be precisely identified.
(3) ProLinguo is entitled and obligated to rectify flaws indicated in due form in the translation. Further claims are excluded to the extent that ProLinguo is not granted an opportunity for the rectification of defects of the translation within a reasonable period of time. Corrections by third parties release ProLinguo from liability and may not be billed to ProLinguo. Claims under this contract become time-barred within one year after the date of delivery. Liability for consequential damages is excluded, unless ProLinguo or its vicarious agents are guilty of a deliberate act or gross negligence.
(4) There shall be no liability for defects arising from the breach of duties of cooperation of the Client or which are caused by erroneous, incomplete, terminologically incorrect or poorly legible translation documents.
(5) ProLinguo shall be liable for deliberate acts or gross negligence.
(6) ProLinguo shall only be liable for slight negligence if an encroachment of material obligations (cardinal obligations) is present. The liability of ProLinguo in this case is limited to the amount of the limit of indemnity of its pecuniary damage liability insurance (EUR 100,000). If the insurance is not obligated to pay in part on the basis of an agreed excess or similar provisions, ProLinguo shall enlist its own indemnification.

§ 7 Third party liability

(1) ProLinguo shall not be liable for defects and damages caused by third parties. If ProLinguo makes use of third parties for fulfilment of the contract, it shall only be liable for their careful selection.

(2) Any recourse of the Client to ProLinguo for the assertion of damage claims of third parties (non-parties to the contract) is barred.

§ 8 Force majeure

ProLinguo shall not be liable for damages that arise from force majeure (natural disasters, computer viruses not detectable through regular anti-viral checks, traffic congestion, among others). In this case, ProLinguo has the right to withdraw from the contract or to request a reasonable grace period from the Client for the performance of the contractual service. Damage claims in this case are rejected.

§ 9 Termination

The Client may terminate the contract up to the initiation of the translation for good cause only. Termination must be made in writing in order to be valid.

§ 10 Reservation of title

(1) The translation shall remain the property of ProLinguo until remuneration has been paid in full.
(2) The Client shall acquire the right of use to the translation upon payment of the remuneration in full.

§ 11 Copyright

(1) ProLinguo is owner of the copyright to the translation.
(2) The Client shall release ProLinguo from copyright claims that could be asserted against ProLinguo on the basis of the translation, even by third parties.

§ 12 Confidentiality

ProLinguo agrees to maintain confidentiality in regards to the content of the documents to be translated, in regards to the informational material provided to it on the occasion of the performance of the contract as well as in regards to all facts disclosed in connection with the business relationship. Collaboration with co-workers likewise subject to the duty of non-disclosure does not represent a breach of this obligation.

§ 13 Final provisions

(1) Amendments and supplements to this agreement must be made in writing to be valid.
(2) There are no verbal subsidiary agreements.
(3) If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected. In this case, the parties to the contract will replace the invalid provision in a permissible manner by one which most closely approximates the economic purpose of the eliminated regulation.
(4) The law of the Federal Republic of Germany shall apply for the contractual relationship as well as all rights and obligations arising therefrom.
(5) The court of jurisdiction for both parties to the contract is Hanover, Germany.
(6) This present wording is only intended as an equivalent translation. There is no liability due to a lack of accordance with the original wording. The original German wording is the only version valid in a court of law.


Version 01/06/2010 



ProLinguo GmbH
Fliederstr. 3 • D-30167 Hannover
Tel. +49 (0) 511 169 50 48
E-Mail info(at)prolinguo.com