General Terms and Conditions
These General Terms and Conditions shall hold for the current and future business relationships of Sprachen Koll GmbH with its customers, even if no explicit mention is made of these General Terms and Conditions upon accepting orders.
1. Products and form of delivery (Corporate purpose)
The supplies of Sprachen Koll GmbH (proofreading and translations) are pure services. Sprachen Koll GmbH is a language service available to customers worldwide. The services are rendered by independent freelancers. Staff is obliged to present Sprachen Koll GmbH with appropriate qualifications.
Sprachen Koll GmbH offers:
LINGUISTIC EDITING OF EXISTENT TEXTS
VERBAL TRANSLATIONS (INTERPRETING)
LANGUAGE COURSES AT KINDERGARTENS
2.1. Obligations of the customer: The customer shall inform the translator of the particular embodiment (translation on data storage mediums, number of copies, physical form of the translation, etc.) of the translation upon placing the order at the latest. The purpose of the translation shall be mentioned. Information and documents necessary to produce the translation shall be placed at the translator’s disposal by the customer without being requested (customer’s own glossary, illustrations, drawings, tables, abbreviations, etc). The customer shall be accountable for errors which occur due to non-compliance with these obligations.
2.2. Period of delivery: Periods and terms of delivery shall be agreed upon when an order is placed and shall remain binding. The translator does not default, though, as long as he/she is not responsible for circumstances which lead to the translation not being submitted punctually. If the term of delivery cannot be met due to force majeure, the translator shall be entitled to withdraw from the contract or to request an appropriate respite from the customer. Further rights, especially indemnification claims, shall be excluded in such cases. In case of changes to the subject of the order, periods of delivery and remunerations shall be renegotiated.
2.4. Execution of the activity: The activity shall be executed in the facilities of Sprachen Koll GmbH or those of the contracted freelancer. If necessary, the activity can also be executed at the customer’s location. Travel costs shall be charged in such cases; the amount of the costs shall depend on the distance between the freelancer’s residence and the customer’s location. The hourly rate shall be individually calculated for each case depending on the complexity of the work.
The translator shall treat the information and documents received in connection with the order confidentially. The translator shall be entitled, though, to clarify technical terms at accordingly qualified places (see Point 9).
4. Contact person for questions
The customer shall name at least one person in its organisation who can be contacted to clarify questions and is authorised to answer these questions. If nobody is named or if this person is not reachable despite various attempts, Sprachen Koll GmbH can clarify questions by means of external places (respecting broad compliance with the discretion obligation) and, if necessary, deliver the translation with unclear points. The unclear points shall be listed in a separate text; thus, the customer is made aware of them.
5. Form of delivery
5.1. Sprachen Koll GmbH has the task to produce a linguistically correct representation of the text submitted. Errors regarding the provided original text shall not be the responsibility of Sprachen Koll GmbH. As long as no special orders are given by the customer, technical terms shall be translated into the target language in a generally common and understandable version.
5.2. All translations shall be delivered in electronic form (e-mail).
5.3. Unclear points shall be listed in a separate document (e.g. Word file). The customer shall be requested to clarify these questions or issues and to correct the translation correspondingly. If it requires assistance, Sprachen Koll GmbH is at its disposition by telephone.
5.4. Sprachen Koll GmbH shall not be obliged to procure the corrections and/or information from the customer and to make these corrections itself. Sprachen Koll GmbH can perform this task, though; a price shall be agreed upon for this service (corrections of this type are generally charged at an hourly rate of € 50.00 incl. VAT).
5.5. Changes in the original that make a new translation necessary shall be charged separately.
5.6. If the customer introduces changes into the original while it is being translated, which makes a new translation necessary, the additional work shall be invoiced.
6. Term of delivery
The term of delivery shall be agreed upon either in writing or verbally when the order is placed. If delays occur on the part of Sprachen Koll GmbH, these shall be announced punctually and the customer’s approval shall be sought. Delivery later than the date agreed upon in the order confirmation shall have no influence on the price.
7.1. The price per line agreed upon shall be valid for a translated line. A translated line shall comprise 55 characters (including spaces). The total number of lines multiplied by the price per line shall equal the net price.
7.2. A fixed price per line shall be agreed upon. The number of translated lines shall be estimated and this estimate shall be announced to the customer. Nevertheless, this estimate shall not be binding.
7.3. All prices shall be quoted exclusive of value-added tax.
8. Reservation of proprietary rights and copyright
8.1. The customer shall not acquire the right to use the translation until having paid in full.
8.2. The translator shall hold the copyright to the translation.
9.1. For proofreading, a fixed price shall be named upon receiving an enquiry; this price shall vary according to the language, difficulty, topic and amount.
9.2. The aforementioned Points 2 to 5 regarding the execution of the activity, discretion, contact person for questions, form of the delivery, term of delivery, etc. shall also hold for proofreading.
10. Verbal translations (interpreting)
10.1. The customer shall provide a written summary of the contents of the meeting (including frequently used words) to Sprachen Koll GmbH by five days prior to the activity at the latest.
10.2. The activity shall be executed at the location chosen by the customer. No travel costs shall be charged for interpretation work within the city limits of Linz. In the case of meetings outside of Linz, travel costs shall be charged; the rate recommended by the Translators’ Association (Universitas) shall be applied. The customer shall bear all travel and accommodation costs agreed upon when placing the order. In general, travel costs as well as costs for subsistence and accommodation shall be borne by the customer. These costs shall be exclusive of the valid tariff (hourly rate) for the respective language. The hourly rate is charged per started hour.
10.3. The aforementioned Points 2 to 5 regarding the execution of the activity, discretion, contact person for questions, form of the delivery, etc. shall also hold for interpreting.
10.4. Should the interpreter be prevented from completing his/her assignment through extraordinary circumstances such as force majeure or sickness, Sprachen Koll GmbH will make every effort to provide a suitable replacement. If the assignment is nonetheless not completed, Sprachen Koll GmbH shall not be liable for any loss or damage.
11. Tutoring and courses
11.1. The lessons shall take place at Sprachen Koll GmbH. If the customer would like another location, travel costs shall be charged. The payment and cancellation terms of Points 12 and 13 shall hold.
11.2. Booking blocks of lesson units shall not imply a right to consume these units on certain dates. Sprachen Koll GmbH shall offer possible training / tutoring appointments to you in line with the availability of its trainers and premises. In order to secure your preferred appointment, we recommend that our customers arrange appointments approximately 10 to 14 days in advance.
12. Payment terms
12.1. The services rendered and travel costs shall be charged immediately following the work performed. Invoices shall be due without reductions and shall be paid within 14 days of receipt of the invoice. Interest rates customary in banking shall be charged in the case of late payment. A 5-euro processing fee shall be charged for the first payment reminder that has to be sent to the customer. For every following payment reminder we charge a processing fee of 15 Euro.
12.2. Minimum expense for translations, proofreading and interpreting: The minimum order price shall be € 30.00 exclusive of VAT.
12.3. In the case of large orders, the following payment modality holds: 40% of the estimated order price shall be due as an advance payment when placing the order. 40% shall be due when the first half of the order is delivered. 20% shall be due with the final delivery.
12.4. In the case of foreign orders, the customer shall bear all bank transfer fees.
12.5. Translations / Proofreading: A translation or proofreading contract shall be considered delivered when the text and potential unclear points are sent to the customer. Later changes and corrections do not have to occur within the period of delivery agreed upon and shall have no effect on the payment term.
12.6. If a lesson does not reach its planned duration due to the fault of the consumer (late arrival), the full amount stipulated shall be charged.
13. Cancellation terms
13.1. The cancellation of translation and interpretation work that has already been contracted shall only occur in writing and be due to important reasons. In such a case, all services rendered until this time shall be settled in full. Credit of the customer stemming from payments on account or advanced payment that has not been consumed yet shall be forfeited in the case of cancellation. If an order is retracted prior to beginning the delivery, 10% of the order price shall be charged as a processing fee.
13.2. The cancellation of a tutoring session or a language course shall occur at least 24 hours before the planned appointment; otherwise 50% of the amount stipulated shall be charged. If the non-compliance with the appointment is not caused by force majeure on the part of the consumer, 50% of the amount stipulated shall be charged.
13.3 In the case of cancelling interpretation services reserved for up to two days, we charge the following cancellation fees: cancellations up to ten days before the reserved appointment - no cancellation fees charged cancellations up to five days before the reserved appointment - 25% cancellations up to three days before the reserved appointment - 50% cancellations up to 24 hours before the reserved appointment - 100% of the fees are charged
For appointments spanning several days, we charge the following cancellation fees: cancellations up to two weeks before the reserved appointment - no cancellation fees charged cancellations up to ten days before the reserved appointment - 25% cancellations up to five days before the reserved appointment - 50% cancellations up to three days before the reserved appointment - 75% cancellations up to 24 hours before the reserved appointment - 100% of the fees are charged
If services have already been provided in connection with interpretation services at the time of cancellation, these services will be charged.
14.1. The customer shall grant the translator a sufficient period to remedy proven errors. If the translator is not granted this period, he/she shall be exempted from liability for defects. If the errors are remedied within the period, the customer shall have no right to reduce the price. If the customer utilises the translation for a different purpose than that agreed upon, no liability shall be borne for the translation.
14.2. Requests for stylistic modifications, co-ordination with specific terminology (in particular terminology specific to a certain sector or company) etc. shall not be considered translation errors, unless the customer provides appropriate reference material upon granting the commission or other agreements are made.
14.3. No liability shall be assumed for the correct transliteration of names and addresses contained in originals that are not in Latin script, unless the customer provides a special sheet with these in Latin script. The same shall hold for illegible names and numbers in documents.
14.4. No warranty for defects shall be assumed for translations of poorly legible, illegible or incomplete originals.
14.5. No liability shall be assumed for the provision of translators/interpreters, except for intentional and grossly negligent mismatching.
14.6. Unless legal regulations obligatorily stipulate otherwise, all indemnification claims due to intentional or grossly negligent mismatching shall be limited to the cumulative annual invoice amount. Liability for lost profits shall be excluded. If the translator has concluded a general liability insurance policy for financial losses, the indemnification claims shall be limited to the amount covered by the insurance in a specific case.
14.7. If the customer does not provide the documents and materials to be translated in the form of an editable Excel, Text or Word file, Sprachen Koll GmbH cannot guarantee that the original format will be preserved. If revisions made by the translator to the file lead to changes in the format which are not in the customer’s interest, this shall represent no grounds for a price reduction.
15.1. For points which are not considered in these General Terms and Conditions, the recommendations of the Translators’ Association (Universitas) shall hold.
15.2. Conditions of the customer which deviate from these terms and conditions shall only be valid if they are explicitly accepted by the contractor prior to accepting the order.
15.3. Place of delivery and place of jurisdiction for any claims and legal disputes resulting from the contractual relationship shall be Linz. Subject to and construed in accordance with Austrian Law.