Terms & Conditions

(based on recommendations of the German Association of Interpreters and Translators – BDÜ)

1. Applicability

(1)     Unless otherwise expressly agreed in writing or imperatively prescribed by law, these General Terms and Conditions apply to contracts on translation or translation-related services (hereinafter referred to as “Translations”) concluded between Brooks & Toone GbR (hereinafter referred to as “Translator”) and the Translator’s customer (hereinafter referred to as “Customer”). Where the Customer, after having been advised of the application of these Terms and Conditions and having been offered the possibility to take notice of them, orders a Translation from the Translator, these Terms and Conditions shall become part of the contract unless otherwise agreed upon in writing.

(2)     General Terms and Conditions of Business of the Customer will be binding for the Translator only if the Translator has expressly recognized them in writing.

2. Scope of a Translation Order

The Translator shall carry out the Translation conscientiously and in accordance with the accepted standards of the Translator’s profession. The Translator shall provide the Customer with the contractually agreed copy of the Translation.

3. Customer Responsibilities

(1)     The Customer shall include in his inquiry, or at the latest in his order, all information regarding the required forms of realization of a Translation (intended use, delivery on data media, number of copies, readiness for press, external form of the Translation, etc.) and the time and date of delivery desired. If a Translation is intended for printing, the customer shall provide the Translator with a galley proof in good time before going to press to enable the Translator to correct any errors. The same shall apply correspondingly to any other forms of publication requiring post-editing by the Customer, including publication on the Internet. The Customer shall cross-check names and numbers prior to printing or publishing.

(2)     On placement of an order, the Customer shall, without delay, provide the Translator with information and documents that are needed to produce the Translation (Customer terminology, glossaries, style guides, illustrations, drawings, tables, abbreviations, internal terms, etc.).

(3)     The Translator shall not be deemed liable for any defects or delays of the Translation attributable to the lacking or delayed delivery of necessary information material and instructions or the lacking or delayed delivery of answers to the Translator’s queries.

(4)     The Customer shall assume liability for the rights to a source text and shall ensure that a Translation thereof may be produced. The Customer shall relieve the Translator from applicable third-party claims.

4. Customer’s Rights in the Event of Defects

(1)     The Translator reserves the right to rectification. The Customer initially has a right to rectification only for defects that the Translation might contain.

(2)     The Customer must state defects precisely when lodging a claim for rectification.

(3)     If the Translator does not rectify defects lodged within a reasonable period or if the Translator refuses to rectify defects or if rectification of defects is to be looked upon as having failed, after hearing the Translator’s case the Customer shall have the right to have the defects rectified by another translator at the Translator’s expense or to optionally demand reduction of the payment agreed upon or to withdraw from the contract. Rectification of defects shall be deemed to have failed if the Translation continues to contain defects even after several rectification attempts.

5. Liability

(1)     The Translator shall be liable for gross negligence and willful intent. Damages caused by computer failures and disruptions affecting e-mail transmission or caused by viruses shall not be categorized as gross negligence. The Translator shall take precautions against these by using antivirus software. Liability for slight negligence shall apply exclusively to the violation of principal obligations.

(2)     The Customer’s claim against the Translator for compensation of damages caused in compliance with No. 5 (1) Clause 4 shall be limited to the amount of 5,000 EUR; express agreement of a higher compensation claim shall be possible in isolated cases.

(3)     The exclusion or limitation of liability as detailed in No. 5 (1) and (2) shall not apply to damages suffered by a consumer as a result of violation of life, the body or health.

(4)     Except in cases of fraudulent intent, Customer claims against the Translator on the grounds of Translation defects (§ 634a BGB (German Civil Code)) shall expire in one year as from acceptance of the Translation by the Customer.

(5)     Contrary to § 634a BGB, liability for consequential damages resulting from defects shall be limited to the statutory limitation period. § 202 Para. 1 BGB shall continue to apply.

6. Confidentiality

The Translator shall keep confidential any information that come to the Translator’s attention in connection with the Translator’s work for the Customer, whenever the Customer indicates the confidentiality of such information or where the nature of the information suggests its being confidential.

7. Third-Party Collaboration

(1)     The Translator shall be entitled to enlist the services of employees or competent third parties for the realization of an order.

(2)     When enlisting the services of competent third parties, the Translator shall ensure that these persons are committed to observing confidentiality in compliance with No. 6.

8. Remuneration

(1)     The Translator’s invoices shall be due and payable without deduction on the date stated on the invoice.

(2)     Where applicable, the statutory German value added tax will be charged in addition to the remuneration agreed upon and will be displayed on the invoice as a separate item.

(3)     Besides the claim to the agreed fee, the Translator shall have a claim to reimbursement of actually incurred expenses agreed with the Customer. Insofar as legally required, value added tax will be charged separately in all cases. The Translator may request a reasonable advance for sizable Translations. The Translator may agree with the Customer in advance and in writing that the delivery of the Translator’s work is dependent on the prior payment of the Translator’s full fee.

(4)     If the amount of the fee has not been agreed, the Customer shall pay a usual fee appropriate to the nature and difficulty of the text. This will not be less than the respectively applicable rates stipulated by the German Judicial Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz (JVEG)).

9. Retention of Title and Copyright

(1)     The Translation shall remain the Translator’s property until it has been paid in full. Until then, the Customer shall have no right of utilization.

(2)     The Translator reserves the right to claim any arising copyright.

1. Right of Withdrawal

Insofar as placement of a Translation order is based on the fact that the Translator has offered Translations on the Internet, the Customer shall waive the customer’s possibly existing right of revocation in the event that the Translator has begun the Translation work and has informed the Customer thereof.

1. Applicable Law, Place of Jurisdiction

(1)     For any and all claims arising from a Translation contract between the Translator and the Customer or in relation with it, German law shall apply.

(2)     Cologne, Germany, shall be the exclusive place of jurisdiction for all disputes arising out of the contractual relationship based on these Terms and Conditions.

(3)     The contractual language shall be German. The German text shall be the original text. Translations of the German text shall not evolve any legal validity and shall be provided for convenience only.

2. Severability Clause

The effectiveness of these Terms and Conditions shall not be affected by the nullity or invalidity of individual provisions. An invalid provision must be replaced by a valid provision that comes as close as possible to the economic results or the endeavored purpose.

3. Changes and Additions

Changes or additions to these General Terms and Conditions shall be valid only if agreed in writing. This also applies to amendments to this written form requirement itself.