No two texts are identical. They vary in word count and with regard to their respective content. A translation therefore is a service that is rendered on an individual basis. Accordingly, the price for this service varies according to the size and the content of the document in question as well as the desired language combination. For a detailed quote for your text we need the following information:
- Text size (word count)
- Subject matter
- Language combination
- File format (source or target)
If you send us your text by e-mail, we will be happy to provide you with a detailed quote for your translation.
These terms and conditions (T&Cs) apply to all business transactions between all you can translate – Brita Fiess, M.A. (hereinafter referred to as “all you can translate”) and its clients.
By placing an order, the client acknowledges and accepts the T&Cs, which shall be valid for the entire duration of the business relationship.
1 Client’s obligation to participate, to explain and inform
The client is responsible for informing all you can translate of any special formats in which the translation is to be provided (e.g. delivery on data media, number of copies, format of the translation, exposure films, etc.). The client shall provide the background information and documents required to produce the translation (specialist terms that are known to the client in glossary form, illustrations, drawings, explanations of abbreviations, specification of the target country, etc.) to all you can translate in good time without being requested to do so.
2 Issuing of orders
The client shall issue orders to all you can translate electronically or in writing. Orders only come into effect once a confirmation (electronic or written) has been issued by all you can translate. Verbal side agreements and changes to orders only apply subject to all you can translate’s written confirmation.
3 Scope and execution of services
All you can translate commits to producing all translations with due care in accordance with prevailing professional standards. If no special instructions or documents are submitted by the client, technical terminology will be translated in accordance with generally accepted and/or standard conventions.
All you can translate shall be entitled to engage third parties in order to carry out all business transactions if it considers this appropriate and sensible. Any direct contact between the client and such third parties is subject to approval by all you can translate.
If required, all you can translate shall create a customer-specific terminology database for the client. This database is the property of all you can translate.
4 Quotes and prices
Unless otherwise regulated, all quotes and prices offered by all you can translate are subject to alteration and non-binding, unless otherwise confirmed by all you can translate in writing. Quotes can be adjusted to reflect actual circumstances and any alteration in scope upon notification.
All prices are indicated in euros unless a different currency has been agreed upon. All prices indicated in our quotes are net prices exclusive of tax. Payment terms, discounts and any other deductions shall not be granted unless they have been explicitly arranged between all you can translate and the client.
5 Delivery periods and partial deliveries
Delivery periods are indicated to the best of our knowledge and can only constitute anticipated dates of delivery. They are not binding unless explicitly agreed otherwise. The client shall be obliged to accept possible partial deliveries on the agreed terms. The client shall only be entitled to rescind the contract if the delivery period has been exceeded to an unacceptable extent and if the client has set a reasonable grace period in writing.
6 Acceptance and rejections
The acceptance of the service or delivery, including partial deliveries, is a primary obligation of the client. If the client refuses or neglects acceptance, the client shall be in default of acceptance and shall be held responsible by all you can translate for all damages arising from this default.
If the client submits no written objection without undue delay but no later than within seven working days, the translation shall be considered approved with respect to defects that are obvious. If the client makes a complaint within this seven-day period pertaining to an objective, not insignificant defect, this defect must be explained in as much detail as possible.
In the case of justified, properly submitted complaints, all you can translate is obliged to amend or exchange the translation or service whichever the client chooses. If such rectification fails, the client is entitled to reduce the price or to rescind the contract. Further claims, including damages for non-compliance, shall be subject to Clause 9 (Liability).
7 Disruptions, force majeure, network and server errors, viruses
All you can translate shall not be liable for losses which arise due to disruptions to its operations due to force majeure, for example natural disasters and transport disruptions, network and server errors, any other line or transfer failures, as well as other hindrances for which it is not responsible. If any such exceptional situation continues for more than four weeks, all you can translate and the client shall be entitled to rescind the contract in full or in part.
All you can translate’s computers are regularly checked for viruses. Nevertheless, the client shall be responsible for carrying out a final virus check of the delivered or provided data and/or text files upon delivery.
All you can translate shall be liable in accordance with statutory provisions for (i) damages to life, body or health caused by negligence or wilful misconduct, (ii) other damages caused by gross negligence or wilful misconduct, and (iii) damages caused by negligent breaches of a contractual obligation which must be fulfilled in order allow proper performance of the agreement and on fulfilment of which the other party usually relies and may rely (so-called essential obligations). However, in cases covered only by point (iii) (but not points (i) or (ii)) of the preceding sentence, all you can translate’s liability shall be limited to the typical and forseeable damage. In all other cases, the liability of all you can translate under any theory of law shall be excluded.
This clause shall also apply for the liability of potential subcontractors of all you can translate.
9 Transfer of rights
The transfer of rights under a contract by the client requires written consent by all you can translate.
10 Terms and conditions of payment
Unless otherwise agreed, all you can translate will invoice the client immediately upon completion of the translation. The respective payment shall be due immediately and shall be settled by bank transfer or PayPal. The client shall be in default of payment if it fails to settle the invoice within 30 days from receipt of the invoice. In the case of payment default, all you can translate shall be entitled to rescind contracts with respect to outstanding deliveries or pursue a claim for damages due to non-performance, following the expiry of a reasonable period of grace. We shall further be entitled to exercise the right of retention in respect of all outstanding deliveries or to request advance payment upon giving prior notice. In the case of default, all you can translate shall further be entitled to charge the statutory interest from the day of entering default.
11 Retention of title
All you can translate shall retain ownership of its translations until all respective payment claims have been settled in full. The client has a right of use only after full payment has been received. If the product is sold to a third party by the client, all you can translate retains the right to inform this third party of our outstanding claim and the resulting unlawfulness of the use of the product in question, and potentially to demand payment of all outstanding sums and resulting expenses.
12 Shipment, transmission
Shipment or electronic transmission is made at the risk of the client.
All texts shall be treated as confidential and all you can translate undertakes to maintain secrecy concerning any and all facts that may become known to it in connection with its work for the client. To the extent that the texts for translation include personal data, all you can translate will be a separate controller, and will process such data in accordance with the Regulation (EU) 2016/679 (General Data Protection Regulation).
All you can translate shall retain the copyright of all works created within the scope of the respective order.
15 Changes and amendments to these terms and conditions (T&Cs)
All you can translate is entitled to change or amend the T&Cs at any time without prior notice. By placing an order after having become aware of such a change or amendment, the client acknowledges and accepts the changed or amended T&Cs for said order and future orders.
16 Applicable law, place of performance and place of jurisdiction
The contractual relationship and other business relationships between all you can translate and the client shall be subject exclusively to the law of the Federal Republic of Germany.
The exclusive place of jurisdiction and place of performance of all disputes for both contracting parties shall be the place of business of all you can translate, Herxheim bei Landau, Federal Republic of Germany.
17 Final provisions
Collateral agreements, assurances and other agreements as well as changes and amendments to the contract are only effective if made in writing. If any of the terms of this agreement become fully or partially void or ineffective, the remaining parts of this agreement shall remain unaffected.
In case of differences between the German and the English version of the T&Cs, the German original prevails.
Herxheim, 28 December 2020
all you can translate - Brita Fiess, M.A.