General Terms and Conditions

1. Scope of application

1. These terms and conditions apply to contracts between ABZ Sprachendienst and its Client, unless otherwise expressly agreed or prescribed by law.
2. General terms and conditions of the Client are only binding for ABZ Sprachendienst if it has explicitly acknowledged and accepted them
   
   
   

2. Translations

2.1 Scope of the translation order

The translation shall be carried out carefully in accordance with the principles of proper professional practice. The Client shall receive the contractually agreed copy of the translation.

2.2 Client’s obligation to cooperate and provide information

1. The Client must inform ABZ Sprachendienst in a timely manner of the desired form of the translation (intended use, delivery on data carriers, number of copies, readiness for printing, appearance of the translation, etc.). If the translation is intended for printing, the Client shall provide ABZ Sprachendienst with a proof sheet in ample time before printing so that the translator can correct any errors. Names and numbers are to be checked by the Client.
2. The Client shall provide ABZ Sprachendienst with the information and documents required to prepare the translation when placing the order (Client terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
3. Errors and delays resulting from the lack or delayed delivery of informational material and instructions shall not be at the expense of ABZ Sprachendienst.
4. The Client assumes liability for the rights to a text and ensures that a translation may be produced. He shall indemnify ABZ Sprachendienst against any corresponding claims by third parties.

2.3 Rights of the Client in case of defects

1. ABZ Sprachendienst reserves the right to remedy defects. Initially, the client shall have only the right to remedy possible defects contained in the translation.
2. The Client must assert her or his right to rectification of the defect, stating the exact nature of the defect.
3. If the translator does not remedy the claimed defects within a reasonable period of time or refuses to remedy the defects, or if the remedy of the defects is deemed to have failed, the Client may, after consulting with the Translator, have the defects remedied by another translator at the initial Translator’s expense or may alternatively demand a reduction in the remuneration or withdraw from the contract. The rectification of defects shall be deemed to have failed if the translation continues to show defects even after several attempts to rectify the defects.

2.4 Right of withdrawal

If the placing of the translation order is based on the fact that ABZ Sprachendienst has offered the production of translations on the Internet, the Client waives her or his possible existing right of revocation in the event that ABZ Sprachendienst’s translator has begun with the translation work and has informed the Client of this.

2.5 Remuneration

1. Invoices from ABZ Sprachendienst are due and payable without deduction within 14 days of the invoice date.
2. All prices are net prices plus statutory value added tax.
3. In addition to the agreed fee, ABZ Sprachendienst is entitled to reimbursement of the expenses actually incurred and agreed with the Client. In all cases, the value added tax will be charged additionally, if legally necessary. ABZ Sprachendienst may demand an appropriate advance payment for larger translations. ABZ Sprachendienst can agree with the Client in advance in writing that the delivery of its work is dependent on the prior payment of its full fee.
4. If the amount of the fee has not been agreed, an appropriate and customary remuneration shall be owed according to type and difficulty. This shall not fall below the applicable rates of the Justizvergütungs- und -entschädigungsgesetz (JVEG).
   
   
   

3. Interpreting

3.1. Duty to provide information on the work of interpreters

For interpreting assignments, the Client is obliged to inform ABZ Sprachendienst in a timely manner of the type of interpreting service (simultaneous or consecutive interpreting, etc.), the required interpreting equipment, the exact venue and date of the event, as well as the associated contact persons. The Client undertakes to provide ABZ Sprachendienst with appropriate familiarisation material at an early stage, but at least one to two weeks before the start of the event, and, if necessary, to provide the ABZ Sprachendienst interpreters with appropriate accommodations in a hotel close to the venue.

3.2. Remuneration

1. The time required by the interpreter for the journey to the interpreting venue and back shall be reimbursed at the hourly rate estimated for the interpreting service performance in addition to the interpreting and attendance time. Any expenses incurred (travel, hotel and catering costs, etc.) shall be borne by the Client. The location of the office responsible for processing the travel arrangements is the place where the trip begins and ends, unless another place for the start and end of the trip has been contractually agreed.
2. If the amount of the fee has not been agreed, an appropriate and customary remuneration shall be owed according to type and difficulty. This shall not fall below the applicable rates of the Justizvergütungs- und -entschädigungsgesetz (JVEG)..
   
   
   

4. Language instruction

4.1 Trainers

1. The instruction/training is always carried out by a suitable trainer. However, ABZ Sprachendienst reserves the right to use other suitable trainers for specific reasons (e.g., illness or other impediment). This does not entitle the Client to withdraw from the contract or reduce the training fee.
2. Freelance employees of ABZ Sprachendienst may not be engaged directly or indirectly by the Client for up to 24 months after completion of the Client’s last order, without the approval of ABZ Sprachendienst. Nor may an offer for such an activity be submitted to such freelance employees either verbally or in writing.
3. The customer undertakes not to make commitments to trainers known to her or him through the training company, but rather to commission them exclusively via ABZ Sprachendienst for the duration of the training. The Client shall inform the training company in the event that the trainer offers her or his services to the Client of her or his own volition.

4.2 Complaints

Complaints regarding the teaching services of a trainer must be reported during the language course. They must be reported in writing to ABZ Sprachendienst at the earliest possible opportunity during the course with a detailed description of the deficiency. Notices of deficiencies after completion of a language course can no longer be responded to. In the case of justified complaints, ABZ Sprachendienst has the right to change the trainer no more than twice. The customer remains obliged to accept the service rendered and to pay.

4.3 Remuneration

1. Unless otherwise stated in writing, the prices offered for language course services are net prices per lesson unit (45 minutes).
2. A course date consists of at least two lessons (2 × 45 minutes). Unless otherwise agreed, in the case of language lessons held elsewhere than at the offices of ABZ Sprachendienst, the language teacher will be reimbursed for the cost of the journey to the language course location and back, in the form of a kilometer flat rate.
3. In the case of company and individual lessons, postponements which are reported to ABZ Sprachendienst at least 24 hours before the course date can be made free of charge, provided they are made up within six months of the agreed end of the course. In the case of group lessons, course fees cannot be refunded due to the absence or early departure of a participant.
   
   
   

5. Liability

1. ABZ Sprachendienst is liable for gross negligence and intent. Damages caused by computer failures and transmission problems in the case of e-mail messages shall not be classified as gross negligence. ABZ Sprachendienst takes precautions against such an eventuality through antivirus software. Liability in the event of slight negligence shall apply exclusively in the event of breach of primary obligations.
2. The Client’s claim against ABZ Sprachendienst for compensation for damages caused in accordance with No. 5 (1) sentence 4 shall be limited to the amount of the insured sum (200,000 €); in individual cases it is possible to explicitly agree upon a higher claim for damages.
3. The exclusion or limitation of liability pursuant to Nos. 5 (1) and (2) shall not apply to damages to a consumer resulting from injury to life, limb or health.
4. Claims of the Client against ABZ Sprachendienst for mistakes in translations (§ 634a BGB) shall become statute-barred after one year following acceptance of the translation, unless fraudulent intent exists.
5. Contrary to § 634a BGB, liability for consequential damages caused by a defect is limited to the statutory limitation period. This shall not affect § 202 para. 1 BGB.
   
   
   

6. Professional secrecy

ABZ Sprachendienst undertakes to maintain silence about all facts which become known to it in connection with the work for the Client.

7. Cooperation with third parties

1. ABZ Sprachendienst is entitled to call upon employees or expert third parties to carry out the order.
2. If expert third parties are called in, ABZ Sprachendienst shall ensure that they commit themselves to secrecy in accordance with No. 6.
   
   
   

8. Retention of title and copyright

1. Translations remain the property of ABZ Sprachendienst until full payment has been received. Until then, the client has no right of use.
2. The ABZ Sprachendienst translator reserves any copyright that may have arisen.
   
   
   

9. Applicable law

1. German law shall apply to the order and all resulting claims.
2. Place of performance is the professional branch office of ABZ Sprachendienst.
3. Place of jurisdiction is the place of performance.
4. The contract language is German.
   
   
   

10. Severability clause

The validity of these order conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. The ineffective provision shall be replaced by a valid provision which comes as close as possible to the economic result or the intended purpose.

11. Changes and additions

Amendments and supplements to these GTC are valid only if they have been agreed upon in writing. This also applies to changes to the written form requirement itself.