OneTranslations General Terms & Conditions for Customers
- For OneTranslations GmbH, represented by Dr. Heike Brandt and Emily Pickerill, Stielerstr. 9, 80336 Munich, Germany, HRB No. 226684, hereafter referred to as “OneTranslations”. These terms and conditions apply to each request for a quote from OneTranslations for provision of translation services and to the provision of services following acceptance by the client of a quote from OneTranslations.
Article 1 General Conditions
- OneTranslations offer their clients (hereafter “Customer”) translation of texts and other documents in return for a fee. The translations are carried out by OneTranslations or contracted translators. In all cases, the Customer is the contractual partner of OneTranslations only, not the translator, who may be contracted individually by OneTranslations
Article 2 Contract Formation
- The Customer may inquire about ordering a translation by contacting OneTranslations by phone or sending an email to Non-withstanding, OneTranslations is authorized to revoke the contract when, for reasons such as outlined in § 3, the rejection is justified. In the event of a rejection neither party is obliged to perform or claim reimbursement.
- OneTranslations may base the contract execution on written verification of valid authorization for an advance payment, or submission of a bank declaration of surety.
- Delivery deadlines are obligatory only if previously confirmed in writing by OneTranslations.
Article 3 Scope of Services
- OneTranslations agrees to translate into the language requested by the Customer in an appropriate and professional manner and to ensure that the translation is carried out without omissions, additions or other content changes.
- Individual subject terminology established by the Customer is taken into consideration only upon prior agreement, if sufficient and complete documentation, i.e. previous translations or glossaries are supplied upon placing the order. Otherwise, specialist terms shall be translated in accordance with the quality norms as outlined in the OneTranslations quality and style guide, available to the customer upon request.
- Translations are limited to text only. If the text contains pictures (i.e. graphics, comics, etc.) OneTranslations may decline translation of these sections or the entire text. This applies also if, in the sole opinion of OneTranslations, the text consists of culpable or illegal content in violation of public morals. No compensation entitlement is due upon rejection
Article 4 Acceptance, Obligation to give notice of Defects and Correction
- Upon translation, the translated text is made available to the Customerby electronic data file or hard copy mailed to the Customer upon request.
- Obvious mistakes in the translation noticed upon download or other modes of transmittal to the Customer, shall be reported immediately in writing with an outline of the discrepancies. Hidden discrepancies shall be reported immediately upon discovery. Otherwise the translation shall be assumed contractually executed and acceptable.
- If the translated text is not in accordance with the contractual agreement, the Customer shall allow an acceptable time frame for correction of a minimum of 14 days by OneTranslations. Corrections are excluded if the discrepancy has been caused by the Customer, i.e. by incorrect or incomplete information or faulty original text.
- Upon expiration of the agreed upon time frame, the Customer may request a termination of the contract or a reduction or compensation if the discrepancy has not been resolved in a timely manner. The entitlement excludes minor discrepancies that only insignificantly impact the quality of the translation.
Article 5 Urgency
- An urgency surcharge may be levied for urgent translations services requested by the Customer. However, because such urgency may preclude the necessary time to check and edit the translation, and result in the use of multiple translators for larger volumes may result with inconsistencies and inaccuracies, OneTranslations shall not be liable for any direct or indirect loss flowing from the accuracy and/or consistency of the translation.
Article 6 Cancellation
- The Customer may cancel the order at any time prior to the completion of the translation.
- If an allocated order is cancelled, the Customer is obligated to compensate OneTranslations for the costs of the completed portion of the translation at that time. In any case the cost reimbursement entitlement consists of a minimum of 50% of the contract value.
- Documentation provided by the Customer for translation purposes shall be returned immediately upon completion or termination without reminder. The Customer data or translation file provided within the scope of the contract remains with OneTranslations for archive purposes, unless the Customer specifically requests that his personal data or the supplied text for translation be deleted.
Article 7 Rights of Use
- When items are created partially, or in whole, within the terms of the copyright law by the translation services, OneTranslations shall ensure that the Customer may use and process the items in view of the provided translation, without restrictions as to area, content and time. The right to modify and disclose the translation and its underlying rights to third parties is included
Article 8 Compensation and Terms of Payment
- Unless otherwise contractually agreed upon, OneTranslations shall provide the agreed services for billing the cost which is agreed upon contract formation and the respective applicable value added tax.
- The respective payment obligation is due without deduction upon receipt of the invoice. In the event of arrears,OneTranslations reserves the right to charge default interest in theamount of 5% above the respective APR of the European Central Bank p.a. OneTranslations is entitled to the assertion of greater arrears damage and/or other claims. The Customer is entitled to prove that no, or only insignificant damage occurred as a result of arrears.
- Rights applicable to the translation (i.e. copyright, processing- and servitude right) are restricted from transfer until payment has been rendered in full.
Article 9 Compensation, Retention and Transfer Prohibitions
- The Customer may charge against the claims of OneTranslations only with undisputed or legally determined claims. The Customer may exercise a retention right only in the event of such counter claims that result from the same contractual agreement as the claims that are subject to retention right
- Relinquishing of rights resulting from this contract is not permissible without prior agreement of OneTranslations.
Article 10 Data protection compliance
- To the extent that any data or information belonging to the Customer is personal data within the meaning of the EU General Data Protection Regulation (95/46/EC) or equivalent legislation in the territory:
- OneTranslations will process such data and information only in accordance with the Customer’s instructions;
- OneTranslations will not transmit such data and information to a country or territory outside the European Economic Area without the Customer’s prior express written consent; and OneTranslations will take such technical and organizational measures against unauthorized or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the Customer as data controller.
Article 11 Confidentiality
- The nature of the work performed and any information transmitted to OneTranslations by the Customer shall remain confidential. OneTranslations shall not without the prior consent of client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of OneTranslations whose job performance requires such disclosure. The provisions of this paragraph shall not apply to the extent that OneTranslations is required by law to divulge such information or to the extent that such information is or becomes a matter of public knowledge other than by disclosure by OneTranslations.
Article 12 Liability
- OneTranslations agrees to ensure the Customer receives consistent quality of service. OneTranslations will deploy personnel and techniques perfectly adapted to provide the service requested in the contract to be performed. It agrees to adapt its equipment, methods, resources and know-how as the business in which it is engaged develops so as to always be able to give the Customer the assistance best-suited to his requirements and the most compliant with the state of the art. Nevertheless, OneTranslations’ liability in any capacity whatsoever is limited to the amount invoiced for the work accomplished, except in the case of legitimately foreseeable consequences, so long as: 1) the potential existence of such liability has been expressly notified in writing and that 2) the liability in question is confined to an upper limit of compensation agreed in the context of the professional liability insurance which its freelance translators may take out. The obligation of OneTranslations in respect of the translation business is an obligation of means and is not binding on OneTranslations in terms of the results insofar as concerns its translation assignment relating to any project(s). OneTranslations agrees to exercise due care and attention and to ensure that the project(s) allow it to meet its commitments, in accordance with the conditions originally agreed between the parties.
Article 13 Miscellaneous terms of business
- OneTranslations provides the service in compliance with these general business provisions only. All other general business provisions, regardless of their origin and content, are hereof not agreed.
- These general terms and conditions apply to Customers for all future business transactions even if not expressly agreed upon.
- OneTranslations is entitled to modify or amend these general terms and conditions. The Customer shall be notified of modifications or amendments. The Customer is entitled to terminate the contract without 7 days’ notice upon receipt of the changes in the event the modifications or amendments are of a disadvantage to him/her; thereafter the modifications and amendments become valid
- Validity of subsidiary agreements, positive assertions and other provisions as well as modifications and amendments of this contract must be in writing.
Article 14 Final Provisions
- Contract inquiries addressed to OneTranslations outside the scope of service as outlined in number 3 are not affected by these business provisions. This includes especially: Additional Services such as DPT, print, HTML-files etc. These provisions shall be agreed upon separately
- Place of execution for all contractual services is the business domicile of OneTranslations, currently in Munich, Germany.
- Contracts executed on the basis of these general terms and conditions are subject to the laws of the Federal Republic of Germany.
- For Customers, the venue for legal disputes stemming from this contract is the business domicile of OneTranslations. This also applies in that the event the Customer does not, or no longer has a legal national domicile, or his residence is unknown at the time of the charge. OneTranslations however, may also file suit at the Customer’s domicile.
- If a provision of this agreement should be, or become invalid in part, or as a whole, the remaining provisions thereof shall not be affected. Moreover, a provision coming closest to the invalid provision, renders an equal economic result and would have been agreed upon if the parties were aware of the invalid provision shall take its place.