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General Terms and Conditions of Business (as at 2.8.2019)

These General Terms and Conditions of Business specify the contents and execution of orders placed by the customer (hereinafter referred to as „Customer“, „they“ or „them“) with the language service provider (hereinafter referred to as „Contractor“, „she“ or „her“).

1. General

1.1 These General Terms and Conditions of Business are deemed to be accepted by the Customer through placing an order and apply for the entire duration of the business relation as well as for future transactions. The terms and conditions of the Customer shall be binding only in the event that the Contractor has expressly acknowledged them.
1.2 The Contractor reserves the right to change the present General Terms and Conditions of Business at any time.

2. Scope of service

2.1 The Contractor provides language services to the Customer (these include in particular translation and (consecutive) interpretation), project management as well as planning and performance of other services associated with language services or any supplementary services.
2.2 The Contractor is entitled to pass the order to qualified subcontractors; in this case, however, she remains the contracting party of the Customer.

3. Obligations of the Customer

Unless otherwise agreed, during placing the order at the latest, the Customer shall provide or specify the following to the Contractor:
3.1 (A) Contact person(s) to answer eventual questions.
3.2 The intended use of the commissioned work.
3.3 All the required information and documents composed according to the rules of the relevant language. Furthermore, written documents shall be in a legible condition. When deemed necessary for the proper fulfilment of the order, required information and documents shall include in particular, but not limited to, already existing translations, glossaries, explanations of abbreviations, visual and training aids as well as relevant publications, internet sites, parallel and background texts.
3.4 Execution form of the commissioned work.
3.5 Spelling of names and designations not written in the alphabet of the target language.
3.6 The desired terminology. If not stipulated explicitly, the Contractor decides on the special terminology at her own discretion.

4. Obligations of the Contractor 

4.1 The Contractor is obliged to fulfil all the work commissioned to her to the best of her knowledge and belief as well as according to the general rules for language service providers and in compliance with the principles of economic efficiency.
4.2 The Contractor is obliged to observe the agreed delivery deadlines.
4.3 Unless otherwise agreed, the Contractor does not assume any further obligations.

5. Prices

5.1 Unless otherwise agreed, the prices of the language service are determined according to the Contractor's rates applicable to the respective type of the language service.
5.2 The actual amount of the remuneration shall be agreed at the time of placing the order.
5.3 The prices are understood to be exclusive of the value added tax.

6. Payment

6.1 Unless otherwise agreed, the payment shall be made after invoicing which has taken place upon delivery of the commissioned work or provision of the service in cash or per bank transfer to the account specified by the Contractor, however, 14 days after the said delivery or provision at the latest.
6.2 The Contractor reserves the right to demand an advance payment or a payment in installments according to the amount of actually completed work, especially in case of large orders.
6.3 For works fulfilled at night (20:00 to 06:00), on holidays or weekends, additional 50% shall be charged, whereby this surcharge shall be agreed upon accordingly.
6.4 Delay in payment occurs, without any reminder or other prerequisites being required, 15 business days after the delivery of the commissioned work or provision of the service. In case of delay in payment, the interest for delay at the legal rate (4% annually for consumers and 9,2% over the base interest rate annually for corporate customers) as well as reasonable reminder fees shall be charged.

7. Delivery

7.1 Unless otherwise agreed, a single copy of the translation shall be delivered by the Contractor in electronic form.
7.2 The delivery deadlines shall be agreed at the time of order placement.
7.3 The delivery shall be deemed effected as soon as the commissioned work has been sent to the Customer.

8. Cancellation

After order placement, the Customer may cancel the order before its completion only for good reasons. In such a case, the Contractor is entitled to the incurred expenses and a reasonable remuneration for the effort made.

9. Liability

9.1 For the manuscripts, source texts and the like provided by the Customer, unless the said have been returned to them with the delivery, the Contractor is liable as a custodian pursuant to the Civil Code for the period of four weeks after completion of the commissioned work. There is no insurance obligation.
9.2 For defects arising from linguistic or terminological ambiguity of the source text, any liability of the Contractor is excluded.
9.3 The Customer may only use the commissioned work for the purpose they have specified. Otherwise, any liability of the Contractor in this respect is excluded.
9.4 The Contractor shall perform the delivery of the commissioned work through data transfer (such as e-mail etc.) according to the state-of-the-art technology. However, due to technical reasons, no warranty or liability may be assumed by the Contractor for the defects or impairments resulting therefrom (such as breaches of duties of non-disclosure, damage of files etc.), unless these have been caused at least by gross negligence of the Contractor.
9.5 Any complaints regarding the quality of the service must be submitted within four weeks after service provision. The alleged defects must be adequately explained and evidenced in writing by the Customer.
9.6 The Customer shall grant the Contractor a reasonable period of time and an opportunity to remedy the defects. Should they withhold these, the Contractor shall be exempted from any liability for the defects. If the defects are remedied by the Contractor within the reasonable period of time, the Customer shall not be entitled to any price reduction.
9.7 If the reasonable additional period elapses without the Contractor having remedied the defects, the Customer may cancel the order or demand reduction of the remuneration (rebate). In the event of insignificant defects, no cancellation or remuneration claims apply.
9.8 Warranty claims shall not entitle the Customer to withholding the agreed payments or offsetting them.
9.9 Stylistic improvements or adaptations to specific terminology (in particular, for company or sector-specific terminology) shall not be regarded as translation defects.
9.10 Numbers are reproduced according to the manuscript. No liability shall be assumed for the conversion of numbers, measures, currencies and the like.
9.11 Unless otherwise expressly stipulated by the force of law, all the compensation claims against the Contractor shall be limited to the (net) invoiced amount. The cases in which the damage has been caused intentionally or through gross negligence are exempt from this damage compensation limitation. No liability shall be assumed for loss of profit or consequential losses.
9.12 Claims for damages may be asserted by the Customer within six months upon discovery of the damages but not later than 12 months after the termination of the relevant services agreement; otherwise, assertion of claims shall be excluded. An extension of the collaboration does not extend this period. The Customer must adduce evidence to prove that the Contractor is culpable for the respective damage.

10. Data processing

Any data processing is performed according to the General Data Protection Regulation. For the purposes of tax, commercial (such as accounting) and contract law (such as initiation and fulfilment of orders) as well as for legal protection, the Contractor may process personal data. The Customer explicitly consents to the processing of personal data by the Contractor. Natural persons whose personal data are processed by the Contractor have the following rights: right to access, rectify, erase, restrict the processing of their personal data as well as the right to lodge a complaint with the Austrian Data Protection Authority [www.dsb.gv.at]. To exercise your rights, please contact the controller Anna Koshelets by e-mail office@anna-koshelets.atThis email address is being protected from spambots. You need JavaScript enabled to view it. or by mail at Hans Czettel-Str. 8, 2525 Guenselsdorf. Personal data which are processed for tax or commercial law purposes will be deleted after seven years from the end of the respective calendar year. Personal data which are processed for contractual law purposes will be deleted after three years, unless they are necessary for establishment, exercise or defence of legal claims.

11. Force majeure

In the event of force majeure, the parties shall, as far as possible, notify each other thereof. Force majeure entitles both the Customer and the Contractor to cancel the order. In such a case, the Contractor is entitled to the incurred expenses and a reasonable remuneration for the effort made.

12. Reservation of proprietary rights

Unless otherwise agreed, the delivered work remains the property of the Contractor until all the claims have been paid in full. Until then, the Customer has no right of use. For translations, the Contractor retains copyright of her translation work. In case of reproductions of the translation works of any kind whatsoever, the Contractor is entitled to royalties in the amount of prevailing market rates.

13. Confidentiality obligation

13.1 The Contractor is obliged to observe confidentiality. All the information disclosed during the fulfilment of the order shall be treated strictly confidentially, and no benefits shall be gained from it.
13.2 The Contractor shall be discharged from her confidentiality obligation in relation to the sub-contractors which have been engaged by her. However, she has to convey her confidentiality obligation to them.
13.3 During the period of storage of the documents provided to her, the Contractor shall be obliged to store the documents in such a way that unauthorised persons cannot gain access to them, the confidentiality obligation is not violated and the documents cannot be used illegally.

14. References

Unless otherwise agreed, after provision of the service, the Contractor is authorised to include the company name and website of the Customer, which have been publicly available at the time of service provision, into her reference list (on- and offline).

15. Severability clause

Invalidity of individual provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. Should a clause be or become invalid or unenforceable, both parties commit themselves to replace it through a legally eligible, valid and enforceable clause which comes closest to the economic intentions of the provision to be replaced.

16. Indemnity and being held harmless by the Customer

The Customer declares that they are entitled to order translations or, respectively, revisions of the text. The Customer indemnifies the Contractor and holds her harmless against any third parties' claims whatsoever arising from the lack of entitlement to the translation ordered.

17. Jurisdiction

The place of jurisdiction for all the contractual relationships governed by these Terms and Conditions is the professional location of the Contractor (market community of Guenselsdorf, Lower Austria). Austrian substantive lay applies. Contract language is German.

18. Written form

Any amendments of or supplements to these General Terms and Conditions of Business as well as other agreements between the Customer and the Contractor shall be made in writing.

19. Translations

The original text of these Terms and Conditions was written in German and subsequently translated into English, Russian and Ukrainian. For possible interpretations, German original version shall prevail.