Terms & Conditions | language service

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General Terms and Conditions (GTC)

General information

These General Terms and Conditions apply to all our business transactions with our clients. We hereby expressly reject the application of any and all contrary terms and conditions of purchasing and/or delivery that the client may seek to impose, unless we have explicitly acknowledged such terms and conditions in the individual case. These General Terms and Conditions are accepted by our clients through order placement and apply for the full duration of the business relationship, even if we do not expressly refer hereto when accepting individual orders placed. They also apply to future business transactions. Clients include both legal and natural persons.

1. Orders

Regardless of the type of order, the purpose of the order must be absolutely clear. Additional verbal agreements and amendments to orders are subject to our express written consent. We are not liable for delays or deficiencies resulting from the client supplying incorrect, incomplete, ambiguous or illegible information, including in the text to be translated. We are entitled to rescind the agreement even after confirming an order without restrictions in the event that we subsequently receive any information concerning the client that we believe will be detrimental to our business relationship.

1.1 Special provisions for translations

The Principal undertakes to provide notification of the purpose of the translation, e.g. whether it is for

information only,
publication and advertising,
for legal purposes or patent procedures or
any another purpose, for which a particular translation of the texts by the commissioned translator is important.

If the Principal uses the translation for a different purpose than that for which it was commissioned and delivered, the Principal has no rights to compensation from language service, referred to as “The Agent” hereinafter.

We are not liable for delays or deficiencies in execution which arise due to incorrect, incomplete, misleading and illegible information provided by the Principal, also those arising in the translation specifications.

1.2 Special provisions for interpreting

The object of the contract is the provision of individual interpreters or teams of interpreters for simultaneous, consecutive, whispered and liaison interpreting assignments, including the entire preparation for the assignment and any post-processing work for the order for the Principal’s event on the basis of the requirements agreed in writing in the order and notified by the Principal.

On request, this also includes the provision by language service of interpreting and sound technology with external interpreting technology suppliers.

1.3 Special provisions for language training

The contractual relationship takes effect upon the registration of the participant and our acceptance. The duration of instruction is as per the type of instruction or course agreed upon. We reserve the right to modify the content of the instruction in exceptional cases and to reschedule or cancel courses for organisational or similar reasons.

2. Offers and prices

All prices listed in our offers are net prices, excluding taxes. All offers and prices are subject to change. They can be adjusted to reflect actual circumstances and altered scope without express notification. Unless otherwise agreed, prices are listed in euros. Credit up to certain payment terms, cash discounts and other deductions shall not be granted unless we have expressly agreed to such arrangements. Special services are subject to surcharge or are billed on the basis of time spent.

2.1 Special provisions for translations

Unless otherwise agreed in writing, the prices offered for translation services shall be understood as prices per word. A minimum charge will be assessed if the number of words does not exceed the minimum charge.

Translation prices are determined according to language service rates which must be applied to the respective particular type of translation. Unless otherwise agreed, the target text (result of the translation activities) forms the basis for calculation.

A cost estimate shall only be considered binding if it has been drafted in writing and following submission of all documentation to be translated. Other cost estimates (e.g. on the basis of text extracts) are only ever considered a completely non-binding guideline. The cost estimate is drafted to the best of our specialist knowledge. However, no guarantee can be accepted for its accuracy.

If, following commissioning of the order, cost increases in excess of 15% result, language service shall notify the Principal thereof in writing without delay. If inevitable cost excesses of up to 15% are involved, separate notification is not necessary and these costs can be duly invoiced.

Unless agreed otherwise, amendments to the order or additional orders can be invoiced at appropriate rates. Services which exceed the scope of simple text processing in expense are invoiced by agreement (e.g. documents submitted are supplied in special file formats; a special graphic form which requires dedicated software is required by the Principal).Value retention of the claim and secondary claims shall apply. The consumer price index which is announced on a monthly basis by the Austrian Central Statistical Office or an index acting in its place shall form a gauge for calculating value retention. The index number calculated for the month of contract signature shall act as a reference value. Upward / downward fluctuations in the index number up to and including 2.5% are not taken into account. This margin must be recalculated after every instance of upward or downward exceedance, whereby the first index number outside of the margin which is applicable in each instance must always form the basis for both the new version of the amount demanded and also for the calculation of the new margin.

Certifications, adaptations of foreign-language advertising texts, website and software localisation, text capture, typesetting and printing work, formatting and conversion work, proofreading, express surcharges, and the creation and expansion of a terminology list or a glossary are billed separately on the basis of time spent or as agreed upon.

2.2 Special provisions for interpreting

The fee invoiced for interpreting services is solely determined according to language service’s rates or according to its written cost estimates based on the guidelines recommended by Universitas Austria, the professional association for interpreters and translators.

Cost estimates shall only be considered if they are made in writing. Other cost estimates only apply as non-binding guidelines.

Interpreting rates are generally calculated by half or full days, whereby the timeframe in which the assignment takes place is decisive for determination.

Timeframe:

8:00 am – 1:00 pm = Half day

12:00 pm – 7:00 pm = Half day

11:00 am – 4:00 pm = Whole day

Half day rate = maximum presence of the interpreter at the assignment location of four consecutive hours within the above timeframe.

Whole day rate = either the interpreter is present at the assignment location for eight hours or, if the assignment is suspended for long breaks set out in the programme of more than three hours in duration at a time, actual working time of six hours.

The whole or half-day rates and the overtime are calculated from the time at which the interpreter is expected at the assignment location, as notified in writing by the Principal. Later commencement of the assignment is disregarded. Alternatively, flat rates can also be calculated for times which are precisely specified in the contract. In this case, overtime is calculated from expiry of the specified time.

Organisation: Unless agreed otherwise in writing, no costs are invoiced for organisation.

Overtime: Assignment times exceeding the scope of the agreed timeframe shall be invoiced per interpreter and hour. Commenced hours are calculated as whole hours. Notwithstanding a different agreement, overtime shall be remunerated with a price supplement of thirty per cent.

Non-working days on assignment: If the entire interpreting assignment takes place on non-consecutive days and if it is not possible for the interpreter to return to his professional base, the resulting non-working days shall thus be invoiced at the agreed daily rates.

Compensation for travelling time: The time required by the interpreter to travel to the interpreting location and back is remunerated with the hourly rate estimated for the interpreting service in addition to the interpreting and presence time.

Travel expenses: The travel time required by the interpreter to travel to the interpreting location and back shall be billed as per the estimated hourly rate for interpreting services in addition to the interpreting and attendance time. Expenses incurred (travel, hotel and catering costs, etc.) shall be borne by the client. The location of language service office will be taken as the start and end of the journey unless otherwise agreed.

2.3 Special provisions for language training

Unless otherwise agreed in writing, the prices offered for language course services shall be understood as prices per language course unit. A minimum amount of language course units will be charged Course materials, examinations, certifications and other additional services will be invoiced separately at cost or as agreed upon. Unless agreed otherwise, in the case of language training outside of our branch offices, the time required for the language teacher to travel to the location of the language course and back shall be compensated at cost. Expenses incurred (travel, hotel and catering costs, etc.) shall be borne by the client. The location of the respective branch office that processes the order will be taken as the start and end of the journey unless otherwise agreed.

3. Services

We shall perform the services commissioned and accepted by us according to the order and these General Terms and Conditions. We do not owe any services beyond the scope of the order. If an order is cancelled, we are entitled to charge the client cancellation fees and charges up to one hundred percent of the agreed fee.

3.1. Special provisions for translations

Unless otherwise agreed in writing, the translations we deliver are working translations. If certification, publication, creation and/or adaptation of foreign language advertising texts, website and software localization, text formatting, typesetting and printing work, formatting and conversion, proofreading, rush projects, and/or establishment, updating, and/or use of terminology lists or glossaries are required, the client must notify us of such requirement promptly upon order placement so that we can allocate the necessary resources. We are not liable for inaccurate, unclear, incomplete, erroneous and false information or terms within the source texts, templates, information and compilations of words provided by the client or in the formulation of the order. In the case of express orders that necessitate that our services be performed by multiple team members, we assume no responsibility for consistent terminology.. We expressly disclaim any liability for damages, and reduction in payment of the amounts billed is ruled out. We will establish a terminology list or a glossary only after express agreement. It is a prerequisite for the above point that sufficient documents, such as terminology databases, prior translations, word lists or glossaries, shall be provided to us upon placement of an order.

3.2 Special provisions for interpreting

In the case of interpreting orders, the client is obligated to inform language service promptly of the type of interpreting (liaison interpreting, simultaneous interpreting, consecutive interpreting, etc.) required, any interpreting and conference equipment required, the exact location, date and time of the event, and the contact person. The client agrees to provide us promptly, but by no later than one to two weeks prior to the beginning of the event, with appropriate background materials, and insofar as necessary, to accommodate our interpreters in an appropriate hotel close to the site of the event.

All documents required for preparation must be sent to language service by email (file format where possible in MS-Word, but not in programmes other than MS Office under any circumstances).

If it is not possible to submit the preparatory material electronically, all materials must thus be submitted to language service in a sufficient quantity which corresponds to the number of interpreters commissioned plus a copy for language service by courier / traditional mail, whereby this must be received by language service five working days before the start of the event at the latest.

If completed texts are read out at the event, the Principal shall ensure that one copy per interpreter is provided to language service or the interpreting team manager used by language service at the latest one day in advance.

If the Principal fails to provide documentation altogether or fails to provide documentation in a timely manner or in a sufficient quantity, language service shall be released from any liability regarding the quality of the interpreting service provided.

Consecutive / whispered / liaison interpreting: In the case of discussions / meetings / negotiations, the interpreter must also be inducted in the previous history of negotiations prior to the interpreting assignment. Errors resulting from non-compliance with this obligation shall be borne by the Principal.

Scheduled pre-discussions desired by the event organiser and outside of the agreed assignment times are invoiced separately to the professional fee rates and conditions customary for interpreting.

3.3 Special provisions for language training

Unless otherwise agreed, the client shall conclude a contract with us comprising at least 10 instruction units of 45 minutes each, which are offered in the period specified in the application. In the case of tutoring and language courses for children, one unit lasts 60 minutes. These courses may be booked for at least 5 teaching units of 60 minutes each. One appointment for instruction consists of not less than two 45 minute/ units, or one 60 minute unit for children. Group courses shall only take place if at least four participants are registered. Teaching may still take place in groups of two or three by arrangement, in exchange for an increase in the course fees or a reduction in the total number of instruction units. The client undertakes to take the placement test and inform us of the result promptly, but by no later than one to two weeks before the course begins.

We make every effort to employ the same teachers for the contract duration of the instruction. However, should there be a change of teacher for any reason, the participant shall receive no reimbursement or deduction from advance payments of the course fees.

4. Delivery periods

With regard to the delivery period of the translation, the respective written agreement between the Principal and language service is decisive. Unless agreed otherwise, delivery shall take place by email. If the delivery date is a crucial component of the order accepted by language service and if the Principal cannot tolerate delayed delivery, the Principal must explicitly provide notification thereof in advance.

A pre-requisite for adherence to the delivery period and the delivery date is the timely receipt of all documentation to be supplied by the Principal in the case of a fixed date order (e.g. source texts and all necessary background information) and adherence to the agreed payment conditions and other obligations. If these pre-requisites are not fulfilled in a timely manner, the delivery period shall be extended accordingly by the amount of delay with which the necessary documentation was provided to language service.

In the case of a fixed date order, it is incumbent on language service to assess whether the agreed delivery period can still be adhered to in the case of delayed provision of the documentation by the Principal.

Unless agreed otherwise, the documentation provided by the Principal to language service shall remain with language service after completion of the translation order. language service must ensure that these documents are stored carefully so that unauthorised parties have no access thereto, the confidentiality obligation is not violated and the documentation is not used for a purpose otherwise than in accordance with the contract.

5. Payment terms

5.1 Special provisions for translations

Unless otherwise agreed, we require payment upon receipt of the invoice, for all business transactions with our clients.

language service is entitled to demand an appropriate payment on account. Prepayment of the full order total can be demanded from private persons and foreign Principals.

In the case of delayed payment, late payment interest of 8% shall be levied.

In the case of non-adherence to the payment conditions agreed between the Principal and language service (e.g. payment on account), language service is entitled to stop work on orders underway following prior notification until the Principal fulfils his payment obligations. This also applies to orders accepted as fixed date orders.

On the one hand, no legal claims shall arise for the Principal due to the associated work stoppage. On the other hand, this work stoppage shall not affect the statutory rights of language service in any way whatsoever.

The party placing the order is the party liable for payment in each case. If the client is insolvent, unwilling to pay or if there are well-founded doubts as to the client’s ability or willingness to pay, we may require immediate payment of all open invoices. In this case, we are also entitled to withhold all open deliveries or goods and release them only upon simultaneous and commensurate payment, or to rescind the contract, at our option. Invoices for work billed on an hourly basis are payable net in cash upon receipt of the invoice. Unless otherwise agreed, we are entitled to demand that an advance cash deposit be rendered in the amount of the actual sum billed or our estimate thereof.

5.2 Special provisions for interpreting

Unless agreed otherwise, payment must be made directly after rendering of the interpreting service. language service is entitled to demand an appropriate payment on account. Prepayment of the full order total can be demanded from private persons and foreign Principals.

In the case of delayed payment, late payment interest of 8% shall be levied. Furthermore, debt collection and solicitors’ fees must be paid.

5.3 Special provisions for language training

Unless otherwise agreed, all fees for all forms of courses must be paid in advance, upon registration, without any deductions, withholding or setoff. Instructional materials are not included in the course fees.

6. Execution by third parties

We reserve the right to commission third parties for the execution of any business if we deem such to be effective and beneficial. We are only liable for the careful selection of third parties. Except in connection with interpreting projects and language instruction, communication between the client and our commissioned third party requires authorisation by us.

7. Disruptions, force majeure, suspension and restriction of operations, network and server errors, viruses

We are not liable for damages caused by disruptions affecting our operations, in particular those caused by force majeure, such as natural disasters, strikes, traffic disruptions, delays due to traffic, network and server errors, connection and transmission errors beyond our control, or any other such disruption or the absence of instructors or interpreters. In such cases, we are entitled to rescind the respective agreement in whole or in part. The same applies if we must wholly or partially halt or restrict operations for good cause, in particular the online service, either on individual days or for a specified period.

7.1. Special provisions for translations

We moreover accept no liability for damage relating to viruses, trojans, auto-dialers, spam mail or comparable data-related damage. Our IT systems (network, workstations, programs, files, etc.) are checked for viruses and data of the foregoing types on a regular basis. Where data is delivered via the Internet, e-mail, or other mode of remote data transfer, the client is responsible for conducting a final virus and data check on the transferred data and text files. We will not acknowledge any claims for damages. The electronic transmission takes place at the risk of the client. We are not liable for text or data damaged, rendered incomplete, or lost as a result of electronic transmission.

7.2 Special provisions for interpreting

In the case of force majeure, language service is obliged to notify the Principal without delay. Force majeure entitles both language service and the Principal to withdraw from the contract. However, the Principal must compensate language service for expenses or services already effected.

The following are considered cases of force majeure: Labour conflicts, acts of war, civil war, coincidence, illness, accident, death and occurrence of unforeseeable events which demonstrably impair the capability of language service to complete the order according to the agreement.

7.3 Special provisions for language training

If, after a contract has been entered into, an instructor is absent and no instruction takes place as a result of such absence, we may reimburse the registrant on a proportional basis for advance payments already remitted, provided that we do not offer any substitute services within a time limit of six months. If we offer substitute services and the participant does not accept them, the participant has no claim to reimbursement of course fees already remitted.

8. Complaints

8.1 Special provisions for translations

All complaints regarding translation quality must always be asserted within four weeks of receipt of the completed translations (sending by email or handover to the Post Office). Defects must be explained in writing by the Principal in adequate form and proven (error report).

The Principal must grant language service an appropriate timeframe and opportunity for making good for the purpose of defect rectification. Should he fail to agree to this, language service is thus released from liability for defects. If the defects are rectified by language service within the appropriate timeframe, the Principal thus has no claim to price reduction.

If language service allows the appropriate timeframe to elapse without rectifying the defect, the Principal can withdraw from the contract or demand a reduction in remuneration (discount). No right of withdrawal exists in the case of slight defects.

Warranty claims do not entitle the Principal to retain the entire invoice amount, but only an appropriate proportion. The Principal is not entitled to impute counterclaims against fee demands of the Agent, regardless of the reason.

No defect liability shall exist for the translation of poorly legible, illegible or incomprehensible originals. This also applies to the revision of translations.

Stylistic improvements or the coordination of specific terminology (in particular of branch-specific or company-specific terms) etc. shall not be recognised as translation defects.

No liability for defects shall exist for order-specific abbreviations which were not specified or clarified by the Principal on order commissioning.

language service shall accept no liability for the correct reproduction of names and addresses in the case of originals which are not in Latin characters. In such cases, it is recommended that the Principal proceed with the spelling of names and appellations on a special sheet in Latin block capitals.

Numbers are reproduced solely according to the source text. The Principal is responsible for the conversion of numbers, measurements, currencies and similar.

For source texts, originals and similar provided by the Principal, language service shall be liable, insofar as they are not returned to the Principal with the delivery, as a custodian under the terms of the General Civil Law Code for a four-week period following completion of the order.

8.2 Special provisions for interpreting

In the case of any complaints by the Principal with regard to the quality of the interpreting service, he is obliged to make contact with language service office by telephone on mobile number +43 676 6054889, with a specific description of the defects which are the cause of complaint and with reference to the interpreter concerned.

Complaints which are only expressed after the end of the respective event cannot be taken into account. A liability claim in the case of low-quality interpreting services is limited as a maximum to the order value of the language combination which is the subject of the complaint.

language service shall accept no liability for the correctness and completeness of the interpreting service if the speaker has a significant speech impediment, the speaker speaks in dialect, the speaker uses a language which is not his mother tongue, the speaker reads from a sheet, without written documentation being available, the speaker does not speak into the microphone, auditory comprehension is impaired by disruptive noises and similar.

Persons outside of the team: Persons outside of the team may not be used as interpreters without the consent of the interpreting team manager or speak in another capacity on the interpreting channels of the simultaneous facility. language service shall accept no liability for the quality of the service provided by these people outside of the team.

8.3. Special provisions for language training

Complaints with respect to the training services rendered by the instructor must be reported over the course of a language course. We must receive written notice thereof as early as possible during the course, with a precise description of the deficiency. No complaints regarding deficiencies will be accepted if submitted after the conclusion of a language course. In the case of complaints that have merit, we are entitled to change instructors up to two times. The client remains obligated to accept the service performed and to render payment in consideration thereof.

9. Compensation

All compensation claims against language service are limited to the amount of the invoice amount (net), unless mandatorily legally prescribed otherwise.

Compensation claims based on slight negligence are generally precluded.

Cases in which damage was caused by gross negligence or intent or personal injury are precluded from this compensation restriction. Liability for lost profit or consequential damages shall not exist.

10. Withdrawal

The Customer is only entitled to withdraw from the contract in cases of payment delay and impossibility for which language service is liable if the delivery period has been exceeded by an inappropriately long timeframe and a grace period has been set in electronic or written form.

The setting of a timeframe can be dispensed with if the Customer has already notified language service in writing on commissioning of the order that performance of the contractual service is insignificant for him after expiry of the agreed delivery period.

language service shall only be liable in the case of intent and gross negligence. Liability is limited to the invoice value of the detrimental supply or service, but to a maximum of Euro 10,000 in any case.

The liability limit is reduced to one third in commercial dealings if the Customer is insured against the damage caused. If the Customer provides no specification in the order form, especially if the intended purpose is publication or advertising, he thus cannot claim compensation for the damage arising as a result of the text proving unsuitable for purpose or that, as a result of erroneous adaptation, the publication or advertisement needs to be repeated or leads to damage to reputation or a loss of image for the company.

If the Customer does not specify that the translation is not intended for printing and if he does not send a proof to language service prior to printing and prints without prior explicit written approval, language service shall accept no liability for resulting damages.

10.2 Special provisions for language interpreting

If the Principal withdraws from the contract prior to the start of the assignment, upon withdrawal he must pay the following percentages of the contractual sum agreed in the contract, plus 20 % value-added tax.

up to one month prior to commencement of the assignment 30%,
between one month and one week prior to commencement of the assignment 50%
at a later date 100%

Costs arising for third-party services (e.g. already booked flight tickets of the interpreter, hotel reservations) must be paid in addition.

Administrative costs arising (e.g. for interpreter bookings which have already been made, briefings, etc.) must be paid in full in addition.

Should language service be prevented from fulfilment of the contract through no fault of its own, the Principal shall be directly notified thereof. Should language service ensure equivalent quality substitute order fulfilment, the Principal shall refrain from any claims for compensation in respect of language service.

10.3 Special provisions for language training

In the event of rescission of contract, we reserve the right to bill the client cancellation fees as follows to defray our processing costs: 25% of the overall course fees if the client rescinds prior to the beginning of the course, 50% if the client attends fewer than one half of the instruction units booked, and 100% if the client attends half or more of the instruction units booked. Course fees will not be reimbursed if the student fails to attend class or leaves early.

11. Assignment

The assignment of contract rights by the client requires our written authorisation.

12. Reservation of ownership

We reserve ownership of all property and/or services, along with all rights pertaining thereto, until such time as full payment has been made, including payment of other receivables that may exist vis-à-vis the client. If the reserved property is combined or processed with other property, we will be granted co-ownership of the new property in proportion to the value of the reserved property in relation to the other property.

We reserve all rights to results of work, if any, of certain ancillary services, such as the creation of subject-specific terminology, a compilation of words or a glossary. Insofar as the rights of ownership of such services are assigned to the client, the client grants us a non-exclusive, transferable licence with respect to such work results. We are entitled to reproduce, translate and process the individually created work results and to report on them publicly. These rights are granted for an unlimited term and can be cancelled only for good cause.

Utilisation or modification of any of our services by third parties requires our prior consent.

13. Rights of third parties

The client is obligated to ensure that no rights of third parties to the information, documents and other items transmitted to us stand in the way of our processing, utilisation, reproduction and/or publication of the results of processing thereof. The client releases and indemnifies us and our subcontractors from any and all liability for claims of third parties based on use, processing, utilisation or reproduction of such information, documents and other items or the processing thereof.

14. Nondisclosure

We commit to maintaining secrecy regarding the information that is provided to us by the client in the context of our cooperation with each other and labelled as confidential and to take appropriate measures to prevent unauthorised third parties from accessing and/or becoming able to utilise such information and documents. This obligation to maintain confidentiality will terminate as soon as the confidential information becomes public knowledge, or insofar as the information was already known to us at the time of disclosure. As a basic principle, we will not disclose the client’s confidential information to unauthorised third parties, but we may employ third parties to perform the services insofar as such third parties are under an obligation to maintain confidentiality. The nondisclosure protection will terminate three years after the information or documents have been transmitted to us.

In the event of electronic transfer of texts and data between the client and us, we cannot guarantee absolute protection of confidentiality due to opportunities for external access. If and insofar as more-stringent nondisclosure obligations must be complied with in respect of certain documents, the client is obligated to provide us with detailed written notice of such conditions when placing the order and to provide us with the programs, codes and passwords that are to be used insofar as necessary.

15. Prohibition on enticement of employees and contractors

None of our permanent employees and freelance team members are permitted, without our consent, to be employed or to accept orders, whether directly or indirectly, from the client for a term of twenty-four months after the conclusion of the last order placed by the client with us. The client is also not permitted to present any such team members with any offer, whether orally, in writing or in any other fashion, or to engage in such employment or activities.

16. Data protection

The client hereby agrees to their data being stored in accordance with the provisions of the Austrian Data Protection Act (Datenschutzgesetz).

17. Applicable law and place of jurisdiction

The place of performance for obligations in relation to language service and our clients is the location of the language service office that processes the respective order; for monetary debts on the part of the client, the company headquarters in Keutschach, Austria is the place of performance. The sole place of jurisdiction is Klagenfurt, Austria.

The law of the Federal Republic of Austria applies to all legal relationships between the client and us, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18. Validity

Any current or later invalidity of one or more provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. In such a case, a valid arrangement most closely approaching the legal and business purpose shall be deemed agreed. The authoritative version of these General Terms and Conditions is the current German language version.

19. Amendments to the General Terms and Conditions

The General Terms and Conditions may be subject to change without notice. Please contact us if you wish to receive an updated version of these General Terms and Conditions.