GENERAL TERMS AND CONDITIONS (GTC) OF SPRACHEN KOLL GMBH FOR TRANSLATION AND INTERPRETING SERVICES, INCLUDING DIALOG INTERPRETING SERVICES (TELE- AND VIDEO INTERPRETING)

I. GENERAL

The use of the masculine form is for simplification purposes and also applies to all other gender expressions.

Unless otherwise agreed in writing, all existing and future legal transactions between Sprachen Koll GmbH (hereinafter referred to as “Sprachen Koll” or “Sprachen Koll GmbH”), headquartered at Marktstrasse 35, 4201 Gramastetten, Austria, and the Client shall be governed exclusively by the following General Terms and Conditions (GTC). These are recognised by the Client when the order is placed and apply for the entire duration of order processing. Any deviating agreement requires the written, company-signed confirmation of Sprachen Koll GmbH. The Client expressly waives the right to assert its own general terms and conditions.

II. SCOPE OF SERVICE – INTERPRETING (ON-SITE AND VIDEOCALL INTERPRETING)

Subject of the agreement

Depending on the assessment of Sprachen Koll, one interpreter or a team of at least two interpreters is used. If necessary, an additional coordination fee or organisation fee will be charged for the organisation of the interpreting team. The composition of the team is the responsibility of Sprachen Koll GmbH. The subject matter of the contract is the organisation of interpreting services, including the entire preparation of the assignment, the provision of the interpreter(s) and any follow-up work for the Client’s event based on the requirements announced by the Client and agreed upon in writing in the order. This also includes interpreting via video call by Sprachen Koll GmbH.

Dialogue interpreting services (including tele- and video interpreting) relate to interpreting assignments in social, legal and medical scenarios, regulate the rights and obligations of both parties and contain important information for you as the Client. Sprachen Koll GmbH fulfils the order but expressly points out that we may also work with subcontractors (interpreters).

Recording the requirements profile - changes

The Client is obliged to inform Sprachen Koll in writing of the exact requirements regarding the desired language combinations, casting modalities, and the form of the event or any special requirements that go beyond the usual specialist knowledge of experienced interpreters when the contract is concluded. Any amendments at a later date shall only apply if confirmed in writing by Sprachen Koll and signed by the company and may be subject to additional charges.

Remuneration The provisional amount of remuneration for interpreting appointments is set out in the order confirmation for the selected service. The final invoice will be issued after the service has been provided. Unless explicitly stated otherwise, prices are quoted in EURO and exclude VAT and other charges.

In the case of online interpreting assignments, the chargeable time measurement begins from the point at which both parties have started the video call. Billing is on an hourly basis. The agreed hourly rate is charged per hour or part thereof. The time measurement is stopped as soon as all parties have left the video call or the interpreting services are explicitly ended.

In the case of on-site interpreting assignments, the time measurement begins at the time when the interpreter’s presence is required. It, therefore, also includes any preliminary discussions, speech tests, technical tests or other measures required before the actual start of the interpreting service.

Sprachen Koll shall be entitled to remuneration as soon as the service has been provided or a chargeable cancellation has been made.

Sound or video recordings No film or sound recordings may be made without our prior explicit consent. We reserve the right to charge a higher fee for recordings that are to be broadcast via the Internet, television or radio (see “Fees” below). Recordings of the interpretation, live streaming for broadcasting via the Internet, TV, radio, podcasts, etc., will be charged additionally, even if no separate agreements have been made in this regard, regardless of whether the technical realisation is successful or the recordings are actually used. Any waiver of such additional offsetting shall only apply if both contracting parties have made it in writing and signed.

Preparation materials The Client is obliged to provide Sprachen Koll GmbH with sufficient information material and documents for each interpreter in the team, as the quality of the interpreting depends largely on the preparation of the interpreters and thus on the information documents provided by the Client (lecture manuscripts, programs, invitations, agendas, reference materials from previous events, a list of websites relevant to the events such as general websites on the topic, websites of the participating companies/institutions/associations, glossaries, film scripts or videos, etc.). This applies, in particular, to texts read out or videos/films shown during the event. All preparatory documents must be sent to Sprachen Koll by e-mail to office@sprachen-koll.at or any other e-mail address provided by Sprachen Koll in individual cases, if possible in MS Word, at least three (3) days before the start of the event. Videos or films shown during the event will only be interpreted if the verbatim scripts have been submitted at least five (5) working days in advance. If documents are only available in a format other than those specified, the corresponding program must be supplied, and the Client is responsible for providing the necessary user licenses for all interpreters and the Sprachen Koll office. The same applies to video or audio recordings shown during the event. If it is not possible to send the preparatory materials electronically, Sprachen Koll GmbH must be sent all materials in the number of interpreters to be used plus one copy for Sprachen Koll by courier/post, whereby these must arrive at Sprachen Koll no later than five (5) working days before the start of the event. The documents are then forwarded by Sprachen Koll to the individual team members, whereby the costs for this are invoiced by the Client as part of the final invoice. If Sprachen Koll is not provided with a sufficient quantity of reference material, Sprachen Koll is entitled to reproduce it itself and to charge the Client for the costs of doing so. If the Client fails to provide documents as agreed, in good time or in sufficient quantity, Sprachen Koll shall be released from any liability with regard to the quality of the interpreting provided or shall be entitled to cancel the order without the Client being entitled to compensation or reimbursement. Preliminary meetings requested by the organiser and scheduled outside the agreed event times will be invoiced separately at the usual rates and conditions for interpreting services.

The following section does not apply to video call interpreting.

Expenses For events outside Gramastetten or for events within Gramastetten in the event of the need to deploy interpreters/technicians from another location due to the event (local language combination not/no longer available, etc.), the Client shall bear all expenses associated with this deployment. These include in particular, but are not limited to, travel expenses and accommodation costs for the period required by the respective situation. For events outside Gramastetten, expenses will be calculated taking into account the actual place of residence/professional domicile of the team member. If expenses to be borne by the organiser (e.g. flight costs, overnight stays, etc.) are paid in advance by Sprachen Koll for reasons of circumstance, the latter shall be entitled to invoice these to the organiser from the date of payment, and these shall be immediately reimbursed by the organiser.

a) Travel expenses Regardless of the type of travel actually chosen, travel expenses for assignments within Austria along the main ÖBB routes (Westbahn, Südbahn) will usually be charged at the 2nd class rail fare according to the ÖBB website as well as local transport costs at the event location, insofar as this is reasonably acceptable. Cab services are usually used at the venue. For event locations away from the main ÖBB lines (Westbahn, Südbahn), the Client is free to organise collective transport for the team members at its own expense, whereby a frequency acceptable to the individual team members must be guaranteed and unacceptable connection waiting times (more than 30 minutes) must be avoided. At the request of the Client and in the case of conveniently timed connections, flight connections within Austria are also acceptable, whereby the costs are to be borne directly by the Client. For international assignments, Sprachen Koll is free to choose the mode of travel for the team members. The costs are to be borne by the Client. In any case, the organiser shall also bear the respective local travel costs at the place of departure and destination. If, for reasons of force majeure, it is not possible to travel by the planned and agreed route (e.g. closures due to catastrophes or terrorism), an alternative mode of travel may be chosen at Sprachen Koll’s discretion to ensure the agreed service and any (additional) travel costs incurred shall be borne by the organiser, even if these do not correspond to the usual mode of travel (mileage allowance, tolls, etc.). If the initially selected transport connection is cancelled due to force majeure (e.g. flight cancellations or delays due to technical breakdowns, strikes, etc.), the Contractor is entitled to book another connection if this is necessary to ensure timely arrival at the event and to charge the Client for this essential booking, even in the event that the Client could not be contacted or no written authorisation was/can be obtained from the Client. If the journey is made by means other than a simple direct train connection or by car, the Client shall be responsible for organising the journey.

b) Accommodation costs Accommodation costs include accommodation and catering costs. For events outside Gramastetten, or for events within Gramastetten in the event that the event necessitates the use of interpreters/technicians from another location (local language combination not/no longer available, etc.), arrival shall take place on the day before the start of the event. Unless expressly agreed otherwise in writing, the Client shall be responsible for organising the accommodation (reservation, booking, direct billing). The Client shall bear the accommodation costs in a hotel or equivalent facility, whereby a minimum category of 3 stars is agreed upon. Single rooms must be provided for the appropriate number of team members. The rooms are to be organised and paid for directly by the Client, and reservations are to be made under the name “Sprachen Koll GmbH”. If, due to the specific circumstances of a particular event, the technical set-up has to be started more than one (1) day before the start of the event, the accommodation costs of the technicians shall be borne from this time or the evening before. If, contrary to expectations, the rooms provided by the Client do not meet the agreed criteria, Sprachen Koll shall be entitled to take rooms in another accommodation establishment of the agreed category and to charge the Client for these. Departure usually takes place on the last day of the event. If this is not possible/reasonable for time/logistical reasons (departure after the last train connection to the team member’s place of residence, end of event after 20:00, etc.), the overnight accommodation for this night must also be paid for by the Client. On the days of the event or the day of arrival, the day of departure or any days in between, the Client shall provide three (3) main meals for each team member (on the day of arrival, if not the day of the event and not otherwise agreed, only dinner, on the day of departure, if not the day of the event and not otherwise agreed, only breakfast), whereby, unless otherwise agreed, breakfast shall normally be provided at the place of accommodation, lunch at the event location and dinner at the discretion of the team members. If the journey takes more than four (4) hours per journey, meals consumed during the journey may be charged to the organiser. Unless otherwise agreed in writing, the Client shall bear the costs directly. If individual meals are not provided by the Client, they shall be invoiced to him by Sprachen Koll in the course of the final invoice or compensated by him by means of an agreed flat-rate catering fee. During the interpreting assignments, the organiser must provide the team members with sufficient drinks (usually mineral water and juices), as well as coffee/tea and snacks (cake or sandwiches) at least once per half-day, regardless of the venue. The costs for this and for refreshments during breaks are to be borne by the organiser. If the organiser does not provide drinks or refreshments, the Contractor shall do so and charge a flat rate of EUR 20 excl. VAT per interpreter for drinks during working hours per day or EUR 15 excl. VAT per half-day for coffee/tea and snacks. Non-event-related telephone costs of individual team members, costs for mini-bars, costs for any accompanying persons of a team member, etc., are not to be borne by the Client. If these are not paid by the respective team member on departure as usual, Sprachen Koll must be notified of this in writing within three (3) days of the end of the event, stating the name of the team member or the type and amount of the costs, but this shall not entitle the organiser to offset these against the invoice amount invoiced by Sprachen Koll for the event. If a flat-rate expense allowance is agreed upon, this shall relate exclusively to travel expenses but never to accommodation and meals.

Fee The fee charged for interpreting services shall be determined exclusively in accordance with Sprachen Koll GmbH’s rates or its written cost estimates.

Cost estimates shall only apply if they have been made in writing. If the interpreters originally offered are no longer available due to a delayed booking (more than seven (7) days after the offer was made) and interpreters, therefore, have to be booked at a higher rate/expenses, Sprachen Koll GmbH shall be entitled to charge the Client for this additional expense, even if the Client was/was not explicitly informed of this. Other cost estimates are only non-binding guidelines. Interpreting rates are generally calculated based on half or full days. A half-day rate covers a maximum of four (4) hours of pure presence of the interpreters at the venue. A full-day rate comprises of either a) eight (8) hours of interpreter attendance at the event venue or b) six (6) hours of pure working time in the event that the event is interrupted by long breaks of more than three (3) hours in one go, as provided for in the program. In addition, overtime rates are charged per interpreter per hour. The full-day or half-day rates, as well as overtime, shall be charged from the time requested by the Client and notified in writing at which the interpreter(s) are expected to arrive at the venue. A later start of the event will not be taken into account. Started hours are calculated as whole hours. For assignments after 10 p.m., surcharges are calculated at the usual half-time, full-time or overtime rates. These amount to between 50% and 100%. Alternatively, flat rates can also be charged for times precisely specified in the contract. In this case, overtime is calculated from the end of the specified time. Unless otherwise agreed in writing, no costs will be charged to the organisation. The fee is for interpreting without technical aids (consecutive, accompanying or liaison interpreting) or for pure interpreting using simultaneous interpreting equipment (simultaneous interpreting). Offers from Sprachen Koll GmbH are non-binding.

Invoicing and payment Invoices from Sprachen Koll GmbH are generally due on receipt. For Clients based outside the Republic of Austria, the agreed invoice amount must be credited to Sprachen Koll GmbH’s company account no later than three (3) days before the start of the event. Failure to comply with this condition entitles Sprachen Koll not to provide the agreed service, in which case the contract shall be deemed to have been cancelled, and the regulations for the event of cancellation shall come into force. Any additional services/overtime will be invoiced after the event. All transfer fees and bank charges shall be borne by the Client. If the Client wishes the invoice amount to be split between several invoice recipients, Sprachen Koll GmbH shall charge EUR 10.00 per recipient to cover the additional costs resulting from such a split (bank and postal charges, tax consultant, etc.).

Defects In the event of any complaints by the Client regarding the quality of the interpreting, the Client is obliged to 1) immediately (no later than ten (10) minutes after becoming aware of them) notify the contact person at Sprachen Koll on-site, giving a specific description of the defects complained about and referring to the interpreter in question, 2) immediately (no later than thirty (30) minutes after becoming aware of it) contact Sprachen Koll’s office by telephone on +43 (0)676 5490054 (Gramastetten), specifically describing the defects complained of and referring to the interpreter concerned, 3) immediately (no later than one (1) hour) notify Sprachen Koll in writing by e-mail of the defects complained of, specifically describing the defects complained of and referring to the interpreter concerned, 4) provide evidence of the defects complained of (e.g. by means of audio tapes). Complaints that are only raised after the end of the respective event cannot be considered. In the event of quality defects in the interpreting, the Client shall only be liable to the individual member of the interpreting team, but not to Sprachen Koll GmbH. 5) In the event of direct disputes between the Client and a member of the interpreting team, the relevant contact person at Sprachen Koll GmbH must be informed immediately, and Sprachen Koll GmbH shall be the sole point of contact. Sprachen Koll shall not be liable for actions of any kind by its subcontractors that arise from disputes between them and the Client and that go beyond the scope of a verbal discussion.

Exclusivity Sprachen Koll is available to the Client before, during, and after the event as the sole point of contact concerning the order and offers services either individually or as a complete package. It should be noted that interpreters and translators of Sprachen Koll GmbH are expressly forbidden by contract to work directly with Clients of Sprachen Koll GmbH or to advertise their services to them (e.g. by distributing business cards, etc.). Clients of Sprachen Koll GmbH agree to inform Sprachen Koll GmbH immediately in the event of such an incident or, in the event of a breach in which they are involved as a Client of an interpreter and/or translator of Sprachen Koll GmbH, to appear as witnesses for Sprachen Koll GmbH in a legal dispute.

Withdrawal from the contract for on-site interpreting appointments If the Client withdraws from the contract before the start of the event, he/she shall be entitled to withdraw from the contract at:

a) Cancellation up to one month before the start of the event 30% b) Cancellation between one and half a month before the start of the event 50% c) Cancellation at a later date 100%

of the contract number agreed in the contract plus 20% VAT. Expenses already incurred by Sprachen Koll GmbH or subcontractors at the time of withdrawal (e.g. flight, bus or train tickets already booked by the interpreters, hotel bookings) are also to be paid. Costs incurred by Sprachen Koll GmbH or its subcontractors (e.g. for interpreters already booked, briefings, interpreter preparation time, etc.) are to be paid in full.

Cancellations of online interpreting appointments Cancellations of online interpreting appointments by the Client can be made free of charge up to four (4) days before the agreed online interpreting appointment. Cancellations made less than four (4) days before the agreed interpreting date will be charged 50% of the agreed provisional fee (plus VAT). If Sprachen Koll or its subcontractors have already incurred costs as a result of the planned interpreting assignment or if time has already been spent on the interpreting assignment prior to the time of cancellation, the costs shall also be borne by the Client in the event of cancellation. Time and costs include, but are not limited to, interpreter preparation time costs for equipment or programs specifically required for this interpreting assignment or test calls.

III. SCOPE OF THE SERVICE - TRANSLATIONS

Placing an order - Translations Sprachen Koll prepares a non-binding offer for the preparation of a translation based on the information and data provided by the Client. Prices and delivery dates can be revoked at any time if Sprachen Koll has not yet been able to view the complete text to be translated or edited before preparing the offer.

Upon acceptance of the offer, a translation contract shall be concluded between the Client and Sprachen Koll under the conditions stated in the offer. An order shall only come into existence if the Client confirms the offer in electronic or other written form and if the corresponding written order confirmation has been sent to the Client by Sprachen Koll.

Any natural or legal person who has placed an order with Sprachen Koll may be deemed to be a Client unless this natural or legal person has expressly declared that he is acting on behalf of and for the account of a third party whose name and address it shall provide to Sprachen Koll when placing the order.

Sprachen Koll can reject the translation of a text. This applies in particular in cases in which texts with criminal content and texts that offend common decency are submitted for translation, as well as when it appears unreasonable to expect a translation of reasonable quality within the period specified by the Client due to the difficulty and/or scope of the original.

Agreements with and promises made by representatives or employees of Sprachen Koll are only legally binding after written confirmation by Sprachen Koll.

In the event of justified doubt about the solvency or honesty of the Client, Sprachen Koll is authorised to demand an advance payment or other securities from the Client before commencing or continuing the execution of the order.

Execution of orders, confidentiality Sprachen Koll shall produce the translation on the agreed terms. Unless otherwise agreed, Sprachen Koll shall prepare and deliver a translation. Sprachen Koll undertakes to translate a text specified by the Client into the agreed language(s) or have it translated into the agreed language(s) appropriately and professionally and to ensure that the translation is carried out without abridgements, additions or other changes to the content. Depending on the meaning of the original text, translations are carried out literally or analogously according to the generally accepted quality standards of the translation industry in the respective language area. Individual specialist terminology introduced by the Client will only be considered if agreed accordingly.

Sprachen Koll is entitled to use suitable and verified third parties to provide translation services. The Client’s contractual relationship exists exclusively with Sprachen Koll.

Sprachen Koll delivers the finished translation in the agreed form. Unless otherwise agreed, certifications, adaptations of foreign-language advertising texts, web and software localisation, text entry, typesetting and printing work, formatting and conversion work, express deliveries, and the creation and expansion of a terminology list or a glossary are not part of the contract.

Disclosure to third parties for the purpose of translation is permitted.

The data received from the Client as part of the order or the translation itself, which is available as a file, shall remain with Sprachen Koll for archiving purposes (see also the section on data protection below).

Delivery periods Unless expressly agreed otherwise in writing, all delivery periods are provisional. Sprachen Koll shall inform the Client immediately if it realises that it cannot meet the delivery deadline.

If Sprachen Koll is unable to meet a specific delivery deadline agreed in writing for reasons beyond its control, and if the Client cannot reasonably be expected to accept a delay, the Client shall be entitled to withdraw from the order. In this case, however, Sprachen Koll shall not be obliged to pay compensation, and the Client shall not be released from paying for translation work that has already been partially completed.

Delivery shall be deemed to have been made at the time of dispatch by post, fax, telex, courier, modem and/or Internet, etc. In the case of dispatch by post – usually by registered mail – any liability for dispatch by Sprachen Koll shall lapse from the time of handover to Österreichische Post (see also point “Liability” below).

The delivery of data by e-mail shall be deemed to have taken place at the time of the medium’s reported confirmation of dispatch. The Client shall support Sprachen Koll in the execution of the order by taking all necessary or desirable measures within reasonable limits concerning the timely execution of the order.

If the Client makes significant changes to the order after the conclusion of the contract, Sprachen Koll is entitled either to change the stated price and/or the delivery period or to subsequently refuse to execute the order. In the latter case, the Client pays for the translation work that has already been carried out.

If the Client cancels an order, Sprachen Koll shall be entitled to demand payment for the translation work already carried out as part of this order as well as compensation for the research carried out for the remainder of the order on an hourly basis. Sprachen Koll shall make the completed translation work available to the Client on request but shall not accept any liability for its quality.

If Sprachen Koll has scheduled time for the execution of the order, it may charge the Client 50% of the price quoted for the part of the translation work not carried out.

Rights of use Sprachen Koll transfers to the Client – subject to full payment of the due and undisputed remuneration – the exclusive rights of use and exploitation of the translation and any other property rights to the translation, without restriction in terms of time, content and location. The Client may transfer these rights to third parties without notifying Sprachen Koll in advance and without Sprachen Koll’s consent being required.

Translation memories can be used as an aid when creating translations. If rights such as rights of use or database rights arise from the use of the translation memories, Sprachen Koll shall own these unless otherwise agreed.

Prices and payment The remuneration details in the offer are exclusively in euros unless another currency has been expressly agreed upon. Exchange rate risks shall be borne by the Client.

The prices quoted to the Client in the offers are net prices excluding the applicable statutory value-added tax (VAT).

Translations are generally charged according to the number of words in the source language, taking into account the language combination, difficulty, and subject area of the translation unless a flat fee is agreed upon in advance for an order. A minimum rate is charged if the agreed word price multiplied by the number of words does not exceed the minimum rate.

The agreed remuneration shall be due for immediate payment without deduction upon delivery of the translation and after invoicing. Sprachen Koll shall invoice the Client accordingly. The claims must be paid within 14 days. In the event of default in payment, Sprachen Koll shall be entitled to claim damages for default. In the event of late payment, Sprachen Koll is entitled to charge interest on arrears in the amount of 8% above the respective base interest rate of the European Central Bank per annum. If Sprachen Koll is able to prove higher damages caused by delay, Sprachen Koll shall be entitled to claim these. Sprachen Koll can commission a debt collection agency to enforce the claim. Any additional costs shall be borne by the party placing the order.

Acceptance and warranty The Client must check the delivered translation for defects without delay. Obvious defects in the translation must be reported to Sprachen Koll immediately in writing, and hidden defects must be reported immediately after their discovery.

If no written complaint is made within 14 days at the latest, the translation shall be deemed to have been provided and accepted in accordance with the contract.

The Client shall be liable for any defects in the original text.

If the translation deviates from the agreed requirements, the Client shall set a reasonable deadline for rectification for Sprachen Koll. Rectification is excluded if the deviations were caused by the Client himself, e.g. due to incorrect or incomplete information, incorrect original texts. In all other respects, the statutory warranty provisions shall apply. In the event of justified, properly notified defects, Sprachen Koll shall have the right, at its own discretion, to rectify the translation at least twice or to produce a new translation. The Client remains obliged to accept the service provided and to make payment.

The Client’s right to complain lapses if he has processed the part of the product to which the complaint relates himself or has had it processed on his behalf, regardless of whether or not he has subsequently delivered the product to a third party.

If the complaint is justified, Sprachen Koll shall be entitled to improve or adapt the delivered translation within a reasonable period. If Sprachen Koll is unable to comply with the request for correction or adaptation for bona fide reasons, Sprachen Koll may, at its own discretion, grant a discount on the price.

If Sprachen Koll and the Client do not reach an agreement, the case can be submitted to an arbitration board that specialises in disputes about comparable services. If the Client agrees to this, the arbitration board’s decision is binding for both parties.

Liability Sprachen Koll is only liable for damage that is demonstrably a direct consequence of an error attributable to it. Sprachen Koll shall under no circumstances be liable for other damages such as consequential damages, loss of profit or damages due to delays.

In the event of slight negligence, liability shall be limited to the invoice value of the order in question. In the event of gross negligence, liability shall be limited to twice the invoice value, excluding VAT of the service causing the damage. However, Sprachen Koll’s liability is, in any case, limited to a maximum of 10,000 euros. The liability limit is reduced to one-third if the Client is insured against the damage caused.

Any ambiguity in the text to be translated shall release Sprachen Koll from any liability.

The assessment as to whether the use of a text to be translated or edited by Sprachen Koll or the translation/edited version thereof supplied by Sprachen Koll entails a risk of physical injury shall be at the sole expense and risk of the Client.

Sprachen Koll is not liable for damage to or loss of documents, data or data carriers that the Client has made available to facilitate the fulfilment of the contract. Furthermore, Sprachen Koll shall not be liable for costs and/or damage caused by (a) the use of information technology and telecommunications equipment, (b) the transportation or dispatch of data or data carriers or (c) any computer viruses in the files or data carriers supplied by Sprachen Koll (see also point “Delivery deadlines” above).

Sprachen Koll is not liable for ensuring that the respective translation is permissible or suitable for the Client’s intended use. This applies in particular in the event that the translation is published or used for advertising purposes.

The Client shall indemnify Sprachen Koll against all third-party claims arising from the use of the product and thus excludes any liability on the part of Sprachen Koll based on this paragraph.

The Client similarly undertakes to indemnify Sprachen Koll against all claims by third parties on the basis of an alleged infringement of property rights, patent rights, copyrights or other intellectual property rights in connection with the performance of the contract.

Dissolution Sprachen Koll is entitled, without being liable to pay damages to the Client, to terminate the contract (in whole or in part) or to postpone its fulfilment if the Client does not meet its obligations, as well as in the event of insolvency, moratorium or liquidation of the Client’s company. In these cases, Sprachen Koll is entitled to demand immediate payment from the Client.

If Sprachen Koll is unable to fulfil its obligations due to circumstances beyond its control, it is entitled to terminate the contract without being liable for damages. Such circumstances include but are not limited to fire, accident, illness, strike, riot, war, transportation disruptions, official measures, service interruptions by Internet providers or other events of force majeure.

Should Sprachen Koll be forced to suspend further execution of the order due to force majeure, the Client shall nevertheless be obliged to pay for the work carried out up to this point in time and the associated costs.

Third-party rights and indemnification The Client shall ensure that there are no third-party rights to the texts to be translated that would prevent them from being edited and translated or passed on to third parties for translation. Sprachen Koll is entitled to request suitable documents to clarify these rights if necessary.

The Client shall indemnify Sprachen Koll and its subcontractors against any liability for third-party claims based on the use, processing, utilisation or reproduction of this information, documents and other items or their processing.

Promotional rights Sprachen Koll is entitled to use the Client’s name and brand in the form of its logo as a reference in its own advertising unless the Client expressly objects to this option.

Applicable law and place of jurisdiction The contract is deemed to have been concluded in the Republic of Austria and is subject to Austrian law.

Data protection regulations

General provisions

Sprachen Koll is entitled to process data transmitted to it or personal data otherwise entrusted to it within the scope of the purpose of the contractual relationship and to store this data even after the end of the contractual relationship if this storage or processing is necessary to fulfil the order or legal obligations (e.g. data for invoicing). After this period, the data will be deleted.

Regarding the Client’s communication details (e.g., e-mail address, telephone number), the Client agrees that these contact details may be processed and stored and that messages may also be sent to him for advertising purposes within the meaning of Section 107 of the Austrian Telecommunications Act (TKG). The Client can revoke this consent at any time.

The Client also has the right to demand the deletion of his data under the conditions of the Austrian Data Protection Act (DSG) provisions. However, this right is only complied with if Sprachen Koll has no legal obligation to store the personal data.

At the request of the Client, all data stored on previous orders and the relevant correspondence can also be submitted for a fee.

Obligations of confidentiality Sprachen Koll GmbH is obliged to treat all information that becomes known to it during the execution of a contract as strictly confidential and, in particular, not to take any unlawful advantage of it. The duty of confidentiality does not extend to information and documents that are generally known and/or have been made public by third parties. It remains in force for the lifetime of Sprachen Koll and its employees, as well as for the legal consequences!

Force majeure In the event of force majeure, Sprachen Koll is entitled to withdraw from the contract. However, the Client shall compensate the Contractor for any expenses or services already rendered. Force majeure includes, in particular, Labour disputes, acts of war, civil war, natural disasters, volcanic eruptions and their consequences, the occurrence of unforeseeable events which demonstrably and decisively impair the Contractor’s ability to perform the contract as agreed, coincidence, illness, accident, death.

Final provisions All specific amounts mentioned in these GTCs are value-hedged, whereby the value published by the relevant competent Austrian authority for the month of May 2016 is used as the basis. Collateral agreements, amendments and/or additions to these terms and conditions and the respective individual contracts must be made in writing to be effective. Should individual provisions of these terms and conditions be or become invalid - for whatever legal reason - this shall not affect the validity of the remaining provisions. The place of jurisdiction for all disputes arising in connection with these terms and conditions and the individual contracts is Linz. AUSTRIAN LAW APPLIES

Status: 08.05.2024 © Sprachen Koll GmbH.