All estimates, quotations
and services supplied or agreed to be supplied by or to Ute Decker,
German
Translation & Interpreting Services are
subject to the following Terms and Conditions.
TERMS & CONDITIONS
FOR THE PROVISION OF
TRANSLATION SERVICES BY
GERMAN
TRANSLATION & INTERPRETING SERVICES
TERMS & CONDITIONS
FOR THE PROVISION OF
INTERPRETING SERVICES
BY
GERMAN
TRANSLATION & INTERPRETING SERVICES
TERMS & CONDITIONS FOR
THE PROVISION OF
INTERPRETING & TRANSLATION
SERVICES TO
GERMAN TRANSLATION & INTERPRETING
SERVICES.
TERMS & CONDITIONS FOR THE PROVISION OF TRANSLATION SERVICES
BY GERMAN TRANSLATION & INTERPRETING SERVICES 1.
Acceptance of terms and conditions
(a) The headings in these terms and conditions are for convenience only and shall
not affect their interpretation.
(b) All Contracts and transactions for the
provision of interpreting services between German
Translation & Interpreting Services and its Clients whether verbally or in writing are subject to
these terms and conditions which shall be deemed to be incorporated
in any Contract between German
Translation & Interpreting Services
and all or any Clients of German
Translation & Interpreting Services
.
(c) These terms and conditions (together, if
applicable, with any written Contract) shall constitute the whole
agreement between German
Translation & Interpreting Services
and any of its Clients and may not be modified or varied unless
specifically accepted by German
Translation & Interpreting Services
in writing. (German
Translation & Interpreting Services'
obligation shall extend only to the Services specified or referred
to in the Contract with the Client.)
(d) In the event of any conflict between these
terms and conditions and the terms and conditions, if any, in
any communication from the Client these terms and conditions
shall prevail.
Confidentiality
The nature of the work performed and any information transmitted
to German
Translation & Interpreting Services by Clients is confidential. German
Translation & Interpreting Services
will not divulge or otherwise disclose such information to
any person or third party other than authorized employees or
authorized subcontractors of German
Translation & Interpreting Services whose job performance
requires such acts, without the prior written consent of the
Client. This provision will not apply to the extent German
Translation & Interpreting Services is required by law to divulge such information or
to the extent such information is or becomes a matter of public
knowledge other than by disclosure by German
Translation & Interpreting Services.
Payment Method
Payment methods are by either of the following methods. A.)
by direct bank transfer into our German or English accounts
B.)
by cheque made out in pound sterling and in the name of Ute
Decker. The Client will make payments to German
Translation & Interpreting Services
for all agreed
services on receipt of a valid invoice from German
Translation & Interpreting Services
within 14 of receipt of this invoice. All late payments will
be charged
interest at the rate in accordance with the provisions of the
Late Payment of Commercial Debts (Interest) Act 1998. The Client
shall further be liable for all costs, including legal fees,
incurred by German
Translation & Interpreting Services in collecting overdue payments.
Service Agreement
These Terms and Conditions constitute a legally binding agreement
between the Client and German
Translation & Interpreting Services regarding services rendered
or to be rendered by German
Translation & Interpreting Services. In the event of conflict
with any communications, proposals, contracts, marketing materials,
or agreements, these Terms and Conditions will control. Submission
of source materials (as defined below) constitutes acceptance
of all these terms and conditions.
Pricing and Delivery
German
Translation & Interpreting Services reserves the right to adjust pricing and/or delivery
estimates upon receipt and evaluation of the final source materials
to be translated. Clients are advised by German
Translation & Interpreting Services of the
estimate of additional charges or change of delivery date before
beginning billable work. No fixed quotation shall be deemed given
by German
Translation & Interpreting Services until German
Translation & Interpreting Services has seen all the source
material and has received firm instructions from the Client.
An estimate shall not be considered contractually binding, but
given for guidance or information only.
Any fee agreed for a translation which is found to present latent
special difficulties of which neither party could be reasonably
aware at the time of offer and acceptance shall be renegotiated,
always provided that the circumstances are made known to the
other party as soon as reasonably practical after they become
apparent.
Client Specifications/Assistance
German
Translation & Interpreting Services will translate specialized terms by their usual
and conventional meanings or according to specific client instructions,
and otherwise make decisions based on German Service’s
quality assurance process. All Source Materials will be legible
and will be delivered to German
Translation & Interpreting Services in such format(s) and
such time as German
Translation & Interpreting Services will specify. German
Translation & Interpreting Services will
not be responsible for delay in delivery due to failure to deliver
any Source Materials in a timely manner or proper format.
Modifications/Additions to Source
Materials
All modifications or additions to the Source Materials
will be submitted to German
Translation & Interpreting Services, clearly indicating
changes and
where they occur in relation to the previously submitted copy.
Pricing and scheduling for incorporation of Source Material
modifications or additions into the target language translation(s)
in progress
are determined based on extent and implication of changes and
percentage of work already completed. Client will be advised
by German
Translation & Interpreting Services of the estimate of additional charges before
the changes or additions are made by German
Translation & Interpreting Services.
Corrections
German
Translation & Interpreting Services will correct the following errors free
of charge: Outright mistranslation, omission, typo,
grammatical mistake,
non-adherence to any approved glossary. German Service’s
sole obligation with respect to errors is the obligation
to correct the Deliverable at no cost to Client.
On-Site Services
German
Translation & Interpreting Services cannot remit on-site fees or be liable
for damages due to circumstances beyond our reasonable
control
such as, but
not limited to, fire, theft, strike, terrorism, delay of
aircraft or freight, illness, equipment, malfunction or
act of God.
Limitation of Liability
German
Translation & Interpreting Services will not be liable for any incidental,
special, or consequential damages or loss of any nature
whatsoever,
nor for any claim against Client by any other person
or entity, arising
from or relating to services rendered by German
Translation & Interpreting Services,
regardless of the nature of the claim or the form of
the cause of action,
whether in contract or in tort, or otherwise, and even
if German
Translation & Interpreting Services has been advised of the possibility
of such
damages,
anything contained in related proposals and other documentation
notwithstanding. German
Translation & Interpreting Services will not be responsible
for any loss or damage to, nor the return of, any Source
Materials.
German
Translation & Interpreting Services will equally not be responsible for any
loss or damage to, nor the late delivery of any translated
or
proofed documents, especially, but not limited to technical
failures
relating to delivery by email.
Representations and Warranties
German
Translation & Interpreting Services represents and warrants that it will
perform all work in a manner consistent with its standard
production
procedures. Client represents and warrants (i) that
it owns or is licensee of the Source Materials and
all components
thereof, and (ii) that translation of the Source Material
and publication,
distribution, sale or other use of the Deliverable
will not
infringe
upon any copyright, trademark, patent, or other right
of any third party.
Disclaimer of Warranty
The foregoing warranties of German
Translation & Interpreting Services are in
lieu of all other warranties, express or implied,
including any implied
warranty
of merchantability or fitness for a particular purpose.
German
Translation & Interpreting Services makes no warranty that use of the
Deliverables or
use of any information relating thereto or contained
therein will
not infringe any patent, copyright, or trade secret
or
any other proprietary right of any third party.
Termination
In the event that Client breaches this Agreement,
German
Translation & Interpreting Services will have the right to terminate
whereupon
Client will pay
the full purchase price provided hereunder for
the services completed
and for all work in progress. In the event that
German
Translation & Interpreting Services breaches this Agreement, Client will
have
the right to terminate
whereupon German
Translation & Interpreting Services will return to Client
all Source Materials and data supplied by Client
together
with all
translated product
that exists as of the date of termination. Neither
party is deemed to be in breach or default of any
provision of this
Agreement
by reason of a delay or failure in performance
due to
any causes beyond its control.
Title and Ownership
All right, title and interest in and to the Source
Materials and, except as hereunder provided,
the Deliverables, and any and all patent rights,
copyright,
know-how,
and
trade
secrets
therein are and remain the sole and exclusive
property of Client. Notwithstanding the above, Client
acknowledges
that
German
Translation & Interpreting Services is the sole and exclusive owner of all
right, title, and interest
in and to all (i) methodology, information, software,
and databases used in translating the Source
Materials, and
(ii) inventions,
methodology, innovations, know-how, and databases
developed by German
Translation & Interpreting Services in the course of
translating the
Source Materials,
including any and all patent rights, copyrights,
know-how, and trade secrets therein. Provided
that the Deliverables
and copyright,
know-how and trade secrets therein will remain
the property (but not the risk) of German
Translation & Interpreting Services
until
German
Translation & Interpreting Services
will have
been paid in full for such Deliverables.
Indemnification
Client shall indemnify, defend, and hold harmless
German
Translation & Interpreting Services, its owners, directors, officers,
employees,
representatives, agents, successors and assigns
from and against any and
all losses, damages, costs and expenses, including
reasonable legal
fees,
resulting from, arising out of or incident
to any suit, claim
or demand based on (i) the performance of this
Agreement by either party, (ii) Client's breach
of the covenants,
representations and warranties made by it herein,
(iii) the manufacture,
advertisement,
promotion, sale or distribution of any items
by Client, (iv) any taxes and from any duties,
levies,
tariffs,
or like fees
that may be imposed by any government or collective
authority upon manufacture, advertisement,
promotion, use, import,
licensing or distribution of items by Client,
or (v) any claim that any
element of the Deliverable infringes any copyright,
trademark, patent, or other proprietary right.
Non Waiver
No waiver of any breach of any condition
in this document shall be considered as
a waiver
of any
subsequent breach
of the same
or any other provision.
Applicable Law and Jurisdiction
If a dispute cannot be resolved amicably between the parties,
or if either party refuses to accept arbitration, the parties
shall be subject to the jurisdiction of the Courts of England
and Wales. In any event these terms shall be construed in accordance
with English law.
TERMS & CONDITIONS
FOR THE PROVISION OF INTERPRETING SERVICES BY GERMAN TRANSLATION
& INTERPRETING SERVICES
1. Acceptance of terms and conditions
(a) The headings in these terms and conditions are for convenience
only and shall not affect their interpretation.
(b) All Contracts and transactions for the
provision of interpreting services between German
Translation & Interpreting Services and
its Clients whether verbally or in writing are subject to these terms
and conditions which shall be deemed to be incorporated in any Contract
between German
Translation & Interpreting Services and all or
any Clients of German
Translation & Interpreting Services .
(c) These terms and conditions (together,
if applicable, with any written Contract) shall constitute the
whole agreement between German
Translation & Interpreting Services and any of its Clients
and may not be modified or varied unless specifically accepted
by German
Translation & Interpreting Services in writing. (German
Translation & Interpreting Services' obligation shall
extend only to the Services specified or referred to in the Contract
with the Client.)
(d) In the event of any conflict between these terms and conditions
and the terms and conditions, if any, in any communication from the
Client these terms and conditions shall prevail.
(e) In these Conditions:
"
the Client" means any individual company, firm, organisation
or other legal person who shall place an order for the Services
with German
Translation & Interpreting Services.
"
the Contract" means an order for the supply of the
Services being made by the Client and accepted by German
Translation & Interpreting Services .
"the Services” means
all interpreting services provided by German
Translation & Interpreting Services and its subcontractors to the Client.
"German
Translation & Interpreting Services ” means
Ute Decker trading as German
Translation & Interpreting Services , 6 b Canonbury
Road, London N1 2HS, UK
2. Expenses
(a) Where transport is not provided by the Client, the Client will
be responsible for all travelling, overnight and subsistence expenses
reasonably incurred by the interpreter(s) and any necessary support
staff.
(b) Where travelling, overnight accommodation
and subsistence expenses are to be outlayed by an interpreter German
Translation & Interpreting Services reserves the right to require advance payment of such expenses
from the Client as a condition of providing the Services.
(c) Time engaged in travelling locally if exceeding 1 hour will
be chargeable pro rata at the rate of 50% of the hourly fee for the
Services.
3. Fee
(a) The Fee is based on information available to German
Translation & Interpreting Services at the date of signing
the Contract. If between the date hereof and the date of or during
performing the Services there
shall be any variation in the Service required or in the cost of
materials, labour or otherwise to German
Translation & Interpreting Services , the Fee may, in
the absolute discretion of German
Translation & Interpreting Services , be adjusted to
take account of such variation. German
Translation & Interpreting Services shall use its best
endeavours to minimise any additional cost to the Client and shall
reasonably
keep the Client informed in advance of such additional costs being
incurred by the Client.
(b) If not agreed otherwise with the Client, standard fees are as
follows:
(i) Standard fees are applicable Monday through Friday, from 8:00
a.m. to 6:00 p.m for an 8 hour working day, part of these 8 hours
shall be at least a 1 hour break after 4 hours, with additional breaks
appropriate for simultaneous or consecutive interpreting.
(ii) Evening surcharge of 50% above standard rates will apply for
any portion of work from 6:00 p.m. to 10:00 p.m.
(iii) Overnight surcharge of 100% above standard rates will apply
for any portion of work from 10:00 p.m. to 8:00 a.m.
(iii) Weekend surcharge of 75% above standard and or evening/overnight
fees, if applicable based on time of assignment, will apply for work
done on Saturdays, Sundays or Bank Holidays.
(c) Unless otherwise agreed, payment is due
within 14 days at the time of issue of the invoice to the Client
and is to be made to Ute
Decker, German
Translation & Interpreting Services . Where payment
is made by cheque, cheques should be made payable to “Ute Decker”.
Time of payment shall be a material condition and of the essence
of the Contract and unless otherwise agreed in writing between German
Translation & Interpreting Services and the Client,
interest at the rate of 6% per month over the base lending rate
of the Bank
of England or such other rate as may be intimated in writing by German
Translation & Interpreting Services from time to time
will be payable by the Client on all sums remaining unpaid after
the due
date for payment.
(d) The Client shall not be entitled to withhold
payment of any amount payable under the Contract to German
Translation & Interpreting Services because of any disputed
claim of the Client in respect of the Services provided or any
other alleged breach of the Contract,
nor shall the Client be entitled to set off any amount payable under
the Contract to German
Translation & Interpreting Services against
any monies which are not then presently payable by German
Translation & Interpreting Services or for which
German
Translation & Interpreting Services disputes liability.
(e) German
Translation & Interpreting Services reserves the
right to require payment of a non-returnable deposit of 50% of the
Fee at the time of booking in the case of interpreting Contracts
for sums in excess of £500. The Client and German
Translation & Interpreting Services agree that this
represents a reasonable pre estimate of the minimum costs which
would be incurred by German
Translation & Interpreting Services if the Contract
were cancelled after booking but before performance. Payment of
such deposit is without prejudice to all
other rights German
Translation & Interpreting Services
may have in respect of such termination including but not limited
to German
Translation & Interpreting Services’s right
to claim damages in respect of breach of Contract to the extent that
such damages
exceed such deposit.
(f) The Client shall be liable for and shall
indemnify German
Translation & Interpreting Services against all costs and expenses incurred by German
Translation & Interpreting Services in respect of any steps, actions or proceedings made or
brought against the Client by German
Translation & Interpreting Services to obtain payment of outstanding fees and interest.
4. Performance
(a) German
Translation & Interpreting Services is not obliged
to provide a native speaker unless this is specifically agreed
at least one month in advance of the event.
(b) The Client shall be responsible for the provision of all necessary
hardware (such as booths, headphones, and microphones) together with
technical support staff required for provision of the Services.
(c) The period during which the Services
are required shall be as stipulated in the Contract. Unless otherwise
agreed with German
Translation & Interpreting Services, no simultaneous interpreter shall be required to work for
more than 20 minutes in any one period of 40 minutes. Where the Client
requires a simultaneous interpreting service to be available for
an uninterrupted period of more than 20 minutes, an additional interpreter
whose services will be charged in addition and on a corresponding
basis shall be necessary. Where the interpreter is required to work
for any additional periods, German
Translation & Interpreting Services shall have the right to adjust the Fee to take account of
such additional periods.
(d) The Client will state the general subject
matter to be interpreted on booking the Services. All available
supporting documentation will
be supplied by the Client to the interpreter as far in advance as
possible and in any event not less than 7 days in advance of the
interpreting session. If the Client fails or delays to produce such
documentation, German
Translation & Interpreting Services may
either produce such Services as may be reasonably secured in the
circumstances or decline to proceed, in which case a cancellation
fee will be charged.
(e) The Client shall at its own expense retain
duplicate copies of all material provided to German
Translation & Interpreting Services and insure against its accidental loss or damage. German
Translation & Interpreting Services shall have no liability for
any such loss or damage however caused. All provided material shall
be at the sole risk of the Client from the time of delivery to or
to the order of the Client.
(f) The interpreter has the right to withdraw his or her services
if an assignment is substantially different from that described at
the time of booking and if to continue to work would be detrimental
to his or her own well being and professional standing or if he or
she feels that to continue working would not be in the best interests
of the Client.
(g) In order to comply with health and safety regulations, simultaneous
interpreters need a 15 minute break every 20 minutes. Most meetings
that are more than one and a half hours long would need two simultaneous
interpreters. Consecutive interpreters require a 10 minute break
every hour and a 1 hour break for lunch within an 8 hour assignment.
(h) German
Translation & Interpreting Services reserves the right to require a preparatory session with
the Client, chargeable
at the rate specified for such services. An additional charge, at
the same rate will also be made where additional preparation is required.
(i) Overnight accommodation for the interpreter shall be provided
where:-
(i) the interpreter would be unable to return
to his/her home by 10.00pm after completion of that day’s
Services; and
(ii) the Services are required on the following day.
(iii) The cost of such overnight accommodation, together with subsistence
and travelling expenses, shall be met by the Client.
(j) If the performance of the Contract shall
be delayed due to circumstances or conditions beyond the control
of German
Translation & Interpreting Services, the obligations of German
Translation & Interpreting Services shall be suspended for as long as such circumstances prevail.
5. Cancellation and Extra Costs
(a) Subject to Clause 5(c) hereof, should the Contract be cancelled
German
Translation & Interpreting Services reserves the right
to charge the Client the amount of any loss or expense incurred
or cost of material used and a reasonable amount of overhead charges
and profits. In the event of a delay in or suspension of the work
by the Client's instructions or lack of instructions from the Client
or any cause beyond German
Translation & Interpreting Services
's control, the Fee shall be increased to cover and the Client
shall be liable to German
Translation & Interpreting Services
for any extra expense thereby incurred by German
Translation & Interpreting Services including without prejudice to the generality of the foregoing,
the cost of Booth hire, headsets, microphones and technical support – if
arranged by German
Translation & Interpreting Services.
(b) Subject to Clause 5(c) hereof, cancellation at any time after
the date hereof shall incur a cancellation fee calculated according
to the following scale:-
(i) cancellation at any time during the period commencing upon
conclusion of the Contract and ending six weeks before the date
set for commencement of the Services but excluding cancellation
upon the last mentioned date which is governed by 5(b)(ii) hereof
- 25% of the Fee;
(ii) cancellation at any time during the period commencing six weeks
before and ending three weeks before the date set for commencement
of the Services but excluding cancellation on the last mentioned
date which is governed by 5(b)(iii) hereof - 75% of the Fee;
(iii) cancellation within three weeks before the date set for commencement
of the Services - 100% of the Fee.
In addition, a pro-rata charge will be made for any Services rendered before
cancellation.
(c) The non-returnable deposit referred to in Clause 3(e) hereof shall be applied
in respect of any and all fees and/or charges due and outstanding to German
Translation & Interpreting Services in terms of Clauses 5(a) and 5(b) hereof
and the amount payable by the Client to German
Translation & Interpreting Services in terms of said Clauses 5(a) and 5(b) shall be calculated under deduction
of said non-returnable deposit.
6. Non-solicitation
(a) The Client or service user shall not approach, to work with them
directly; any German
Translation & Interpreting Services freelancer,
employee or subcontractor that has been introduced to them through
German
Translation & Interpreting Services. This will last
for twelve months after the booking period has finished.
(b) In the event of a breach of clause (i) above the Client shall
pay to German
Translation & Interpreting Services liquidated
damages of 100% of the gross agency fee for the duration of the work
or twelve months, whichever is the shorter. Or 30% of their gross
annual salary if it is an employee involved.
(c) The parties acknowledge and agree that the
above clauses are a reasonable estimation of the loss which would
be incurred by the
loss of the person so employed or engaged.
7. Intellectual Property
The Client shall indemnify German
Translation & Interpreting Services against
all damages, penalties, costs and expenses to which German
Translation & Interpreting Services may become liable as a result of work done in accordance with the
Client's specifications which involves the infringement of any copyright, patent,
registered design or other intellectual property rights.
8. Indemnity
(a) No warranty is given by German
Translation & Interpreting Services
in relation to the Services or in relation to any other information whatsoever
which may result from the Services which may be provided to the Client by German
Translation & Interpreting Services or the use(s) to which any of the foregoing
may be put by the Client or their fitness or suitability for any particular
purpose or under any special conditions notwithstanding that any such purpose
or conditions may have been made known to German
Translation & Interpreting Services and the Client will be deemed to have satisfied itself in this regard.
(b) Where the Services are to be performed
at a venue provided by the Client, German
Translation & Interpreting Services shall have no liability for any loss or damage caused
to the premises beyond
the limits stipulated in Clause 10 hereof. For the avoidance of doubt,
the Client shall be responsible for any public liability arising
from occupation of the premises.
(c) The Client shall and hereby agrees to
indemnify German
Translation & Interpreting Services in respect of any loss, liability or damage (including but
not limited to liability for death or injury) that German
Translation & Interpreting Services may suffer directly or indirectly as a result of or in connection
with the performance of the Services. The Client hereby warrants
and undertakes to German
Translation & Interpreting Services
that it:-
(i) has, at the date hereof, effected insurance in respect of such
liability;
(ii) shall at all times maintain such insurance
on such terms and conditions as German
Translation & Interpreting Services may require for the duration of the Contract; and
(iii) shall produce to German
Translation & Interpreting Services when required to do so, proof that any such insurance
is in force.
(d) The Client agrees that in the event that it is notified by any
third party of any claim or potential claim arising from or in connection
with the Services or the use of their results then the Client shall:-
(i) forthwith inform German
Translation & Interpreting Services
of such claim or potential claim;
(ii) take all reasonable steps to prevent judgment
by default being granted in favour or any such third party;
(iii) shall ensure that German
Translation & Interpreting Services
is given the right to conduct proper consultations with the party
concerned and (where appropriate) the defence (including without
limitation settlement, litigation or appeal) of any such claim. If
reasonably requested by German
Translation & Interpreting Services
such defence shall be jointly conducted by German
Translation & Interpreting Services and the Client.
9. Confidentiality
Where the Client stipulates that the Services should be confidential,
German
Translation & Interpreting Services shall, as far as
reasonably practicable ensure that any information received in
the course of performance of the Services
remains secret and confidential and shall use reasonable endeavours not to
use or divulge such information without the written consent of the Client.
10. Liabilities
(a) German
Translation & Interpreting Services shall not be liable for
any indirect or consequential loss suffered by the Client. The liability of
German
Translation & Interpreting Services in respect of direct loss suffered
by the Client as a result of negligent acts or omissions by German
Translation & Interpreting Services shall be restricted to a multiple of two times the invoice total (net
outlays) of the Services in respect of which the negligent act or omission
arose, save for liability which statute deems cannot be excluded. For the avoidance
of doubt, German
Translation & Interpreting Services is entitled to rely
on representation made by its interpreters as to the Interpreter's language
skills, qualifications and experience.
(b) In the event of an interpreter being
unable to attend an interpreting session because of illness or
some other unavoidable cause, German
Translation & Interpreting Services shall use reasonable endeavours
to provide a replacement interpreter. In the event of German
Translation & Interpreting Services being unable to provide such a replacement, German
Translation & Interpreting Services shall only be liable to reimburse the Client for any advance
payment in respect of that session.
11. Variation in Conditions
The Client acknowledges that German
Translation & Interpreting Services may alter from time to time the terms and conditions upon
which it offers interpreting
Services. No interpreter is authorised to vary the standard applicable conditions.
12. Termination
(a) German
Translation & Interpreting Services shall be entitled without
prejudice to its other rights and remedies either to terminate wholly or in
part any Contract between itself and the Client or to suspend any further performances
under any or every such Contract in any of the following events:-
(i) the non-payment of any debt due by the Client to German
Translation & Interpreting Services on the due date thereof;
(ii) the failure by the Client to provide any prepayment, Bill of
Exchange or other security required by the Contract, provided that
in such event the aforesaid rights of termination or suspension shall
apply only in regard to the particular Contract in respect of which
the Client shall have so failed;
(iii) the failure by the Client to accept
performance of any of the Services under Contract between the Client
and German
Translation & Interpreting Services otherwise than in accordance with the Client's Contractual
rights;
(iv) the Client becoming apparently insolvent or compounding with
its creditors or the appointment of a Liquidator, Receiver or Administrator
over all or any of its assets or carrying out or undergoing any analogous
act or proceeding under foreign law; and
(v) the Client threatening to cease trading on the sale of the whole
or any part of the business or assets or in the event of change of
beneficial ownership.
(b) German
Translation & Interpreting Services shall be entitled
to exercise its aforesaid rights of termination or suspension by
notice in writing to the Client at any time during the continuance
of the event or default giving rise thereto and in the event of
any such suspension German
Translation & Interpreting Services
shall be entitled as a condition of resuming performance of any
Contract between it and the Client to require prepayment or such
security as it may require for the payment of the price of any
further performance.
13. Notices
Any notice required under a Contract on these terms and conditions may be delivered
personally or sent by first class recorded delivery post or airmail or transmitted
by facsimile transmission, in each case to the registered office or business
address of the party to whom the notice is addressed and any such notice shall
be deemed to have been validly served if sent by post on the expiry of 48 hours
from the time of posting and if delivered personally or transmitted by telex
or facsimile transmission at the time of delivery or transmission provided
that any such telex or facsimile transmission is confirmed by letter sent within
24 hours of transmission.
14. Applicable Law
The Contract shall be governed by and interpreted according to the Law of England
and Wales.
15. Assignation
The Client shall not be entitled to assign the Contract or any benefit thereunder.
German
Translation & Interpreting Services shall be entitled to subcontract
the performance of any part of the Contract but shall remain primarily responsible
to the Client.
END
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TERMS & CONDITIONS
FOR THE PROVISION OF INTERPRETING & TRANSLATION SERVICES TO German
Translation & Interpreting Services
Any person agreeing to undertake a Commission
of a linguistic nature (hereinafter referred to as a 'Linguist')
on behalf of any individual
or corporate body (hereinafter referred to as the 'Client') through
Ute Decker, German
Translation & Interpreting Services enters
into a binding Agreement with
German
Translation & Interpreting Services, said Agreement being covered by the following terms
and conditions:
1. The terms of this Agreement shall apply to
all linguistic work undertaken by the Linguist.
2. All written or oral information relating to
the linguistic work supplied to the Linguist or to which the Linguist
is allowed access
shall be regarded as confidential and accordingly shall not,
without the Client's prior written approval, be disclosed to any
third
party. 3. The Linguist
shall indemnify, protect, defend and hold German
Translation & Interpreting Services harmless
from and against any and all loss, expenses (including legal
fees), injury, damage, liability, action, litigation, proceeding
or claim arising in connection with any breach by the Linguist
of his/her obligations under this Agreement. Nothing contained
herein shall be construed as prohibiting German
Translation & Interpreting Services from
pursuing any other remedies available to it, either at law
or in equity, for such breach or any threatened breach, including
specific performance and the recovery of monetary damages.
4. The Linguist is in possession of professional
indemnity insurance cover.
5. None of the confidential information
shall be used by the Linguist for any purpose other than in
connection with the linguistic services
for German
Translation & Interpreting Services.
6. The Linguist will keep any information
in an appropriate manner to safeguard the confidentiality of
this information. On completion
of the translation or interpreting services the Linguist shall,
upon request, return to German
Translation & Interpreting Services, or destroy, all confidential
information received by German
Translation & Interpreting Services or the Client without making
or retaining any copies thereof.
7. The Linguist will refuse work which he
/ she knows to be beyond his / her competence, either linguistically
or because of lack
of specialised knowledge.
8. Upon receipt the Linguist shall clarify
any obscurities or queries in a commission by contacting German
Translation & Interpreting Services for verification immediately.
9. A Linguist shall only work into his or
her mother-tongue unless agreed otherwise.
10. A Linguist shall in all cases act in
accordance with appropriate professional standards and shall
exercise skill and care in undertaking
a commission.
11. Quality, accuracy and adherence to agreed
deadlines are of the essence of any work by the Linguist. The
Linguist shall immediately
inspect all material supplied in connection with the commission
upon
receipt and clarify any obscurities in a commission by contacting
German
Translation & Interpreting Services for verification without delay. Fees and deadlines
once agreed are binding and may only be subject to amendment in
the light of any changes in the requirements made subsequently
by the
Client.
12. The Linguist shall thoroughly proof–read
any written work completed and ensure that it is fit for immediate
delivery to the
Client.
13. A Linguist shall carry out at no extra
cost to German
Translation & Interpreting Services any changes to a written commission,
including redrafting or editing,
if these changes are required as a result of defective or unsatisfactory
translation.
14. German
Translation & Interpreting Services reserves the right to
reduce or withhold payment for written assignments which are
supplied by the Linguist
with
omissions or serious errors. German
Translation & Interpreting Services also reserves
the right to make
deductions from the sum invoiced by the Linguist in respect
of late delivery or very poor presentation or formatting of
the
text.
15. A commission shall not be sub-contracted
or sub-commissioned by a Linguist without the prior knowledge
and written agreement
of German
Translation & Interpreting Services.
16. The Linguist shall not contact any Client
to solicit work for 12 month after an assignment for / on behalf
of
this Client
without
prior written approval by German
Translation & Interpreting Services.
17. Evidence of a Linguist's linguistic
competence and technical expertise shall be given to German
Translation & Interpreting Services,
if required,
by the provision of samples of work undertaken and names
and addresses
of bona fide referees.
18. The Linguist hereby assigns to German
Translation & Interpreting Services all copyright and other intellectual and industrial
property
rights that
exist in the work commissioned from the Linguist.
19. In the event of a Force Majeure, the
Linguist shall notify German
Translation & Interpreting Services without delay, indicating
the
circumstances. Force Majeure
shall entitle the Linguist and German
Translation & Interpreting Services to
withdraw from the Agreement, but in any event German
Translation & Interpreting Services
undertakes to
pay the
Linguist for work already completed. 20.
Force Majeure shall be Strike, Lockout, Industrial
Dispute, Civil Commotion, Natural Disaster, Acts
of War and any other situation
beyond the control of the Linguist which can be shown to have materially
affected his or her ability to deal with the Commission as agreed.
21. Payment in full to the Linguist
shall be effected within 30 days of receipt of
an invoice.
22. These general Terms and
Conditions shall be construed and enforced in accordance
with the Law of England and Wales. London shall
be the venue for any legal disputes.
END
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