§ 1 Scope of Application
Unless expressly agreed otherwise or required by law, the following General Terms and Conditions (GTC) shall exclusively apply to contracts concluded by ProLinguo GmbH, Im Werkhof, Schaufelder Str. 11, 30167 Hanover – hereinafter “ProLinguo” – and the customer – hereinafter: the “Client”. In addition, ProLinguo’s Terms and Conditions for Interpreting Services shall apply to interpreting assignments.
Unless expressly approved on a case-by-case basis, ProLinguo herewith expressly objects to any contradictory business terms of the Client.
§ 2 Conclusion of Contract
- ProLinguo provides translation, interpreting, localisation, subtitling and foreign language services. Where the object of the contract is to provide translations, localisation of software or websites, subtitling or other linguistic work results, the term “work” will be used below. The term “interpreting services” is used if the subject of the contract is interpretation.
- Based on the information and documents provided by the Client, ProLinguo will provide a quotation. For this purpose, the Client must provide ProLinguo with, in particular, information about the source and target language, the technical subject and purpose of the text, special requirements regarding terminology, and specifications for the execution of the work (external appearance of the work, storage on certain media, etc.) and delivery deadlines. The Client must provide ProLinguo with all information and documents required for the production of the work or provision of the interpreting service.
- The contract between the Client and ProLinguo is concluded upon acceptance of the quotation and is subject to the conditions stated in the quotation.
§ 3 Scope of Performance
- ProLinguo will produce the work or provide the interpreting service according to the agreed terms and conditions. Unless otherwise agreed, ProLinguo will create and deliver translations, software and website localisations as well as subtitling in accordance with ISO 17100, prepared by a native-speaker translator and reviewed by a second translator who is likewise qualified. Interpreting services are provided by a qualified interpreter. ProLinguo undertakes to convey the text provided by the Client correctly and in accordance with the typical, generally accepted quality standards of the translation industry. If the Client does not provide any specific terminology, technical terms will be translated, unless otherwise agreed, into the commonly used, lexicographically acceptable or generally comprehensible target version.
- If the work is to be printed or published online, the Client shall verify – prior to printing or online publication – that the final text does not contain any errors. ProLinguo offers to perform such verification (proofreading in the original layout), which may be part of the initial assignment or commissioned separately. If a Client prints or publishes the work without prior release by ProLinguo, they shall do so at their own risk and shall be fully liable for any subsequent damages.
- ProLinguo is entitled to make use of suitable, qualified third parties to provide the agreed service. A contractual relationship shall exist only between the Client and ProLinguo.
- ProLinguo shall deliver the completed work in the agreed form.
- Delivery dates shall be binding only if expressly agreed by the Parties. In the event of force majeure or circumstances beyond the control of ProLinguo, the delivery deadline shall be postponed accordingly.
§ 4 The Client’s Duties of Cooperation
- The Client shall make the text to be processed (source text) available to ProLinguo in a version that can be processed with conventional text and graphics processing programs.
- When commissioning the service, the Client shall provide ProLinguo with all information and documents that are necessary for the contract-compliant performance of the agreed services (illustrations, explanations of abbreviations, lists of company-specific technical terms, previous translations, etc.).
- With interpreting assignments, the Client is obliged to provide a full set of all relevant documents in time to ProLinguo. See also in this regard ProLinguo’s Terms and Conditions for Interpreting Services.
- Acceptance of the services or deliveries, including partial deliveries, is a cardinal obligation of the Client. If the Client fails to accept the services or deliveries, the Client shall be in default of acceptance without further notice and shall be liable for all resulting damages.
§ 5 Rights of Use
- Subject to full payment of all due and uncontested remuneration, ProLinguo shall transfer to the Client the temporally, substantively and geographically unrestricted, exclusive rights of exploitation and rights of use in the work.
- Rights of use and copyright in the interpreting services remain with the interpreter. See also in this regard ProLinguo’s Terms and Conditions for Interpreting Services.
- ProLinguo works with computer-assisted translation tools (CAT tools) based on translation memory systems and term bases. Unless the agreement expressly stipulates that translation memories or other databases compiled by ProLinguo are to be provided or are part of the delivery, those memories or databases remain the property of ProLinguo. At ProLinguo’s sole discretion, the translation memory or other databases may be provided to the Client at a subsequent stage. ProLinguo reserves the right to charge a processing fee for any necessary updates.
§ 6 Remuneration / Payment Terms
- The agreed remuneration shall apply.
- Prices cover the scope of delivery and performance stipulated in the order confirmation. Additional or special services shall be calculated separately. All prices are stated in euro and are exclusive of the applicable value-added tax.
- The agreed remuneration shall be due for immediate payment upon delivery and after invoicing, without deductions. ProLinguo shall issue an invoice to the Client for the relevant amount. The invoice is payable within 14 days.
- ProLinguo is entitled to exercise – after prior notification – a right of retention for all performances still outstanding or demand an advance payment.