The website www.leontechtrans.com is operated by me, Mayra León, Friedhofstraße 22, 67125, Dannstadt-Schauernheim, Germany, mayra@leontechtrans.com.
1. Scope of the General Terms and Conditions
(1) The general terms and conditions apply to the provision of services by Mayra León (hereinafter “the translator”) in accordance with the contract concluded between the translator and the client, unless otherwise expressly agreed or required by law.
(2) General terms and conditions of the client are binding for the translator only if she has recognised them in writing.
2. Contract Conclusion
(1) The translator creates a non-binding offer for the requested services (cost estimate) based on the texts and/or data communicated by the client. All data must be given in full, especially source and target language, subject, area of expertise, scope of the translation order, etc. If the data is not given in full, the cost estimate can be revoked at any time with regard to costs and delivery dates.
(2) With the express written acceptance of the offer, including signature by the client and confirmation by email, a contract is concluded between the client and the translator. The work only begins after receipt of the confirmation. For repeat customers, confirmation by email without signature is sufficient.
(3) For the translator, any natural or legal person who has placed an order with her may be deemed to be the client, unless this natural or legal person has expressly stated that they are acting on behalf and for the account of a third party, the name and address of which the client communicates when placing the order.
(4) The contract shall be stored and the order data shall be sent to the client via email. The client can request any orders already processed at any time by email.
3. Scope of the Translation Order
(1) The translation or service is carried out with care in accordance with the principles of proper professional practice. The client shall receive the contractually agreed copy of the translation or service at the agreed time.
(2) The translator undertakes to translate the text provided by the client properly and professionally into the agreed language, and to ensure that the translation is carried out without any omissions, additions or other changes in content.
(3) The service provided by the translator only includes translation of the text provided by the client into the target language, unless otherwise agreed. Proofreading, subsequent text design, editing, transfer of graphics and images, certifications, adaptations of foreign-language advertising texts, web and software localisation, text entry, typesetting and printing, formatting and conversion work as well as urgent deliveries are only carried out after explicit agreement with the client and are invoiced according to the time required.
(4) Translations are carried out in accordance with the generally recognised rules of the agreed target language with regard to language usage, spelling and grammar.
(5) Technical terms and special vocabulary are translated with the usual or customary meaning. Individual technical terminology introduced by the client will only be taken into account according to a corresponding agreement. In this event, the client shall provide instructions (sample texts, parallel texts, glossaries and the like). The client shall provide specialist consultation at the translator’s request.
(6) Defects in the translation that are due to poorly legible, incorrect or incomplete source texts or missing or incorrect client terminology are not the responsibility of the translator.
4. Client’s Obligation to Cooperate and Provide Information
(1) The client must inform the translator in good time about the desired embodiments of the translation (intended use, delivery on data carriers, number of copies, readiness for printing, external form of the translation, etc.). The source material must be legible and submitted to the translator at the time and in the format specified by the translator. If the translation is intended for printing, the client shall provide the translator with a proof in time for printing so that the translator can correct any errors. The client must check the names and numbers.
(2) The translator reserves the right to charge additional processing time for formatting that deviates from the formatting, format or file type of the source text.
(3) The client shall provide the translator with the information and documents necessary for the creation of the translation when placing the order (client terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.). Source texts are only returned on request and at the risk of the client. As a rule, the client must send the source texts in electronic form.
(4) Errors and delays resulting from the inadequate or delayed delivery of this information and documents are not the responsibility of the translator.
(5) The client assumes liability for the exploitation rights to a text and shall ensure that a translation may be made and does not constitute a violation of the rights of third parties. The client indemnifies the translator from all rights of third parties, especially copyrights or personal rights of third parties.
5. Premature Termination of the Contract by the Client
If the client terminates the project in whole or in part before the submission deadline, the client must pay for the work completed since the offer was accepted up to the termination.
6. Acceptance and Rights of the Client in the Event of Defects
(1) After completion of the service, the text or the agreed service shall be made available to the client in the desired format. The client must immediately check the delivered translation for defects. Obvious defects in the translation must be reported to the translator immediately in writing, stating the exact defect; hidden defects must be reported immediately after their discovery. The client is entitled to the rectification of defects contained in the translation. Defects are defined as terminological errors, grammatical errors, linguistic errors, content errors and omissions/additions deviating from the source text.
(2) If a written complaint is not made within 14 days at the latest, the translation or the agreed service is deemed to have been provided and accepted in accordance with the contract. The client is liable for defects in the source text provided.
(3) Insofar as the translation deviates from the respectively agreed requirements, the client shall set the translator a deadline for rectification appropriate to the respective case. Rectification is excluded if the deviations were caused by the client themselves, for example due to incorrect or incomplete information or incorrect source texts. The statutory warranty regulations apply in addition. In the event of justified, properly complained of defects, the translator has the right to correct the translation at least twice or to produce a new one at her own discretion. The client remains obliged to accept the service rendered and to provide payment.
(4) The translator reserves the right if necessary to charge for the time required if the client requests changes to translations that are already free of defects (e.g. stylistic changes, specific terminology, formatting not agreed upon when placing the order). Defects according to no. 6 (1) are not affected by this.
7. Liability
(1) The translator is only liable for gross negligence or wilful misconduct. Damage caused by computer failures or transmission errors when sending emails or by viruses cannot be classified as gross negligence. The translator shall take precautions against this with anti-virus software. Liability in the event of slight negligence only applies in the event of a breach of essential contractual obligations.
(2) Claims for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is liability for injury to life, limb or health. Contract-typical, foreseeable damages are those that are subject to the protective purpose of the respective breached contractual or legal norm. The translator is liable to the same extent for the fault of vicarious agents and representatives.
(3) The assessment of the question of whether the use of a text to be translated or edited by the translator or the translation/edited version provided by the translator carries the risk of bodily harm shall be made at the expense and risk of the client.
(4) The above regulations are not associated with a change in the burden of proof to the detriment of the client.
(5) The translator is not liable for damage to or loss of documents, data or data carriers that the client has made available in order to facilitate the fulfilment of the contract. Furthermore, the translator is not liable for costs and/or damage caused by (a) the use of information technology and telecommunications equipment, (b) the transport or dispatch of data or data carriers, or (c) any computer viruses in the files or data carriers supplied by the translator.
(6) Insofar as the client is an entrepreneur, claims of the client against the translator due to deficiencies in the translation (§ 634a Bürgerliches Gesetzbuch (BGB) [German Civil Code]) become statute-barred one year after the translation was accepted unless malice is present.
8. Delivery Dates and Delays
(1) Unless otherwise expressly agreed in writing, all delivery dates are provisional. The translator shall inform the client immediately if she finds that a delivery deadline cannot be met.
(2) However, the translator is not in default as long as the service delay is not due to a circumstance for which she is responsible. If the failure to meet a delivery date is due to force majeure, the translator is entitled to withdraw from the contract or to request a reasonable grace period from the client. If the subject of the order changes, the delivery dates and fees must be renegotiated.
(3) Should the translator not be able to meet a certain delivery date agreed in writing for reasons other than those beyond her control and if the client cannot accept a delay within a reasonable timeframe, the client is entitled to withdraw from the order. In this case, however, the translator is not obliged to pay compensation for damages, and the client is not released from the payment of translation work that has already been completed in part.
(4) Delivery is deemed to have been carried out at the time of dispatch by post, fax, telex, courier, modem, internet, etc.
(5) The delivery of data by email is deemed to have taken place at the time of the reported sent confirmation by the medium.
9. Professional Confidentiality
The translator undertakes to maintain confidentiality about all facts that become known to her in connection with a job for the client.
10. Participation of Third Parties
(1) The translator is entitled to use employees or professional third parties to carry out the order.
(2) If professional third parties are used, the translator must ensure that they undertake to maintain confidentiality in accordance with no. 9.
11. Remuneration and Terms of Payment
(1) Full payment in advance is required for all translations of personal documents.
(2) Projects with new customers (legal entities) require an advance payment of 50%.
(3) The agreed remuneration is due for payment without deduction within 14 days upon delivery of the translation or the services agreed in accordance with § 3 and after invoicing. The translator shall invoice the client accordingly. In the event of late payment, the translator is entitled to claim default damages caused by the delay. In the event of late payment, the translator is entitled to interest on arrears in the amount of 8% p.a. above the respective base rate of the European Central Bank for entrepreneurs and 5% for consumers. If the translator is able to prove higher damages caused by the late payment, she is entitled to claim them. The translator can commission a collection agency to pursue the payment. The client shall bear any additional costs for this.
(4) In addition to the agreed remuneration, the translator is entitled to reimbursement of the expenses actually incurred and agreed with the client. In all cases, the value-added tax (VAT) will be additionally charged as far as legally necessary. The translator may request an appropriate advance on her remuneration for extensive translations or services.
(5) Translations are generally calculated according to the number of words in the source language and taking into account the language combination, the difficulty, the agreed delivery date, the file format of the source text and the specialisation area of the translation, unless a flat fee is agreed in advance for an order. A minimum rate shall be invoiced if the agreed word price multiplied by the number of words does not exceed the minimum rate.
(6) If the amount of the remuneration has not been agreed, appropriate and customary remuneration is due according to the type and difficulty. This shall not fall below the applicable rates of the German Judicial Remuneration and Compensation Act (JVEG).
(7) Special and additionally agreed services incur a surcharge or are invoiced at cost. For urgent orders (completion in 24 hours, over the weekend or on Sundays and public holidays), a price surcharge of up to 50% may be charged and invoiced.
(8) The rights resulting from the translation or the service belong exclusively to the translator until remuneration has been paid in full.
12. Rights of Use
(1) The translator transfers to the client – exclusively subject to full payment of the due and undisputed remuneration – the exclusive rights of use and exploitation of the translation, which are unlimited in terms of time, content and location, as well as any other property rights to the translation within the scope of the contractually intended purpose. For this purpose, the client may transfer these rights to third parties without notifying the translator in advance and without the need for approval. The client is also entitled to edit or change the translation within the scope of the contractually intended purpose. Any use of the translator’s translation beyond the contractually intended purpose requires the translator’s express consent.
(2) The translator reserves any moral rights of the author that may have arisen.
13. Privacy Regulations
The information on data protection is an integral part of this contract and can be found on the website under “Information on Data Protection for the Initiation and Processing of Client Contracts”.
14. Change and Cancellation of Orders
(1) If the client makes significant changes to the order after the contract has been concluded, the translator is entitled to either change the stated price and/or the delivery date or to subsequently decline the execution of the order. In the latter case, the client shall pay for the translation work already carried out and paragraph (3) applies.
(2) If the client cancels an order, the translator is entitled to request payment for translation work that has already been carried out as part of this order, as well as compensation on an hourly basis for the research done for the rest of the order. The translator shall provide the client with the translation work that has already been carried out on request, but does not guarantee the quality of the translation.
(3) If the translator has scheduled time for the execution of the order, she may invoice the client 50% of the stated price for the part of the translation work that has not been carried out.
15. Termination of Contract for Good Cause
The client may only terminate the contract for good cause up until the completion of the translation work. The termination is effective only if it has been declared to the translator in writing. In this event, the translator is entitled to compensation for lost profits in the amount of the order value.
16. Total Contract
These general terms and conditions in connection with the privacy policy and the project offer and/or relevant emails constitute the total contract between the client and the translator and replace all previous agreements and arrangements, oral or written.
17. Contract Language
The contract is drawn up in German. The further performance of the contractual relationship takes place in German.
18. Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies to the legal relationship between the translator and the customer/client unless this violates the mandatory domestic law of the client.
(2) The exclusive place of jurisdiction for all current and future claims arising from a contract based on these general terms and conditions, with business persons, legal entities under public law or special funds under public law, including bills of exchange and checks, is the translator’s registered office. The same place of jurisdiction applies if the client does not have a general place of jurisdiction in Germany, relocates their domicile or usual place of residence outside of Germany after the conclusion of the contract or their domicile or usual place of residence is not known at the time the claim is filed. Aside from this, the domicile of the client is regarded as the place of jurisdiction for the translator’s claims against the client.
19. Severability Clause
Should a provision of this contract be or become invalid or the contract contain a loophole, the legal validity of the remaining provisions remains unaffected thereby. The legal regulations apply in place of the invalid provision.