General Terms and Conditions
1. Scope of application
(1) These terms and conditions apply to contracts concerning the services of Sovereign Translations, represented by the owner Patrick Karban, Straße des Bohrhammers 2, 44625 Herne, +49 (0) 157 82865738, firstname.lastname@example.org and their clients, unless otherwise expressly agreed or required by law.
(2) General terms and conditions of the client are only binding for Sovereign Translations if they have been accepted in writing.
2. Conclusion of contract
(1) Based on the information and data provided by the client, Sovereign Translations will prepare an offer for a translation.
(2) Upon acceptance of this offer, the translation contract between the client and Sovereign Translations is concluded under the conditions stated in the offer.
(3) If the contract is concluded orally, Sovereign Translations is entitled to have the terms of the contract set out in writing and to receive a signed version of the contract.
(4) Sovereign Translations may refuse to translate a text. In particular, this applies in cases in which texts with illegal content and texts that offend common decency are submitted for translation, as well as when editing of the text appears unreasonable due to the difficulty and/or the scope of the submission. A translation of an appropriate quality within the period specified by the customer seems to be impossible.
3. Scope of the translation order
(1) The translation will be carefully carried out in accordance with the principles of proper professional practice in the desired language.
(2) It is ensured that the translation is carried out without shortening, additions, or other changes in the content without consultation with the client.
(3) In general, only content in written form will be considered. If pictures or non-editable contents occur, their translation must be explicitly requested by the client. These contents are always translated in a separate file in text form with source and target language. No changes are made to the graphic or image file itself.
(4) If it is a document in image forms, such as a scanned document in the format of an image or PDF file, the translator will, upon agreement, run a text recognition program in an attempt to reproduce the document in an editable format. The client receives a preview of the document before the contract is concluded. This should not be regarded as a guarantee that the respective document can be fully reproduced in its original form. Instead, such an approach is more of a way of orientation for the client. The client receives the contractually agreed copy of the translation.
4. Client’s obligation to cooperate and provide information
(1) The client shall inform Sovereign Translations in good time of any desired form of execution of the translation (intended purpose, number of copies, the external structure of the translation, etc.) If the translation is intended for printing, the client shall provide Sovereign Translations with a final proof in good time before printing, so that Sovereign Translations can correct any possible errors. The client must check names and numbers.
(2) The client shall provide information and documents necessary for the preparation of the translation to the translator upon placing the order (source documents, client’s terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.) When translating websites, links to the home page are not sufficient. The client shall provide documents containing the full scope of the content required for the translation service. Only content in documents provided by the client upon the conclusion of the contract can be considered.
(3) If the client requires work with a third-party tool, he must either provide access data to the service or pay for the acquisition costs for the duration of the contract.
(4) Errors and delays resulting from the lack of or delayed delivery of this information and documents are not the responsibility of Sovereign Translations.
(5) The client assumes liability for the exploitation rights to a text and ensures that a translation may be produced. He shall indemnify the translator from copyrights or personal rights of third parties.
(1) As soon as the translation is completed, the client will be informed by e-mail.
(2) The delivery takes place either as an e-mail attachment or as a link to the data set in the Dropbox of Sovereign Translations. In the latter case, the client will be informed by e-mail about the completion of the translation, including a link to the storage address where the corresponding data record can be found. In any case, the client is responsible for saving the data sets by downloading the attachment or the data set from the Dropbox.
6. Rights of the client in case of deficiencies
(1) Sovereign Translations reserves the right to subsequent improvement. Initially, the client shall only be entitled to have any errors corrected that are contained in the translation.
(2) The claim for supplementary performance must be asserted immediately by the client in text form with exact and complete information about the deficiencies. In the non-commercial area, the client must submit a notice of deficiencies within 14 days after the announcement of the downloadability, stating the deficiencies as described above. If this is not done, the order shall be deemed to have been accepted after the expiry of the deadline (§640 BGB). Sovereign Translations must expressly inform the client of this deadline when announcing the downloadability.
(3) Sovereign Translations is not responsible for translation errors caused by poorly legible, incorrect, or incomplete source texts, by the client’s terminology (where this was not provided), or by non-existent textual contexts. Questions of style are also excluded from any liability.
(4) If a document has been optimized in its format for the source language, it cannot be guaranteed that the target document will retain this format. The target language often deviates by up to 30% in its length, based on the different circumstances and structures of the language, which can lead to shifts in the document that cannot be fully assessed at the beginning of the assignment. Sovereign Translations tries to preserve the structure of the source document as much as possible. However, in case of doubt, it is up to the client to adapt the document to the conditions of the target language.
(5) If Sovereign Translations does not resolve the claimed deficiencies within a reasonable period of up to 14 days, or if the remedy of the deficiencies is rejected, or if the remedy of the deficiencies is deemed to have failed after up to 3 attempts to resolve the deficiencies, the client may, after hearing the translator, either demand a reduction of the remuneration or withdraw from the contract. The correction of deficiencies shall be deemed to have failed if the translation continues to have deficiencies even after several attempts to resolve them.
(6) A correction is excluded if the deviations were caused by the client himself, e.g., by incorrect or incomplete information or faulty source materials.
(7) After the expiry of the deadline set, the client can demand the cancellation of the contract or the reduction of the remuneration (abatement) if the deficiency has not been resolved in time. Claims are excluded if the deviation only reduces the value or suitability of the translation insignificantly.
(1) The translator shall only be liable in case of his own grossly negligent or intentional breach of duty. Not to be classified as gross negligence are damages caused by computer breakdowns and transmission disturbances during e-mail transmission or by viruses. The translator takes precautions against this with anti-virus software. Liability in the event of his slight negligence shall apply exclusively in the event of a breach of material contractual obligations.
(2) The client’s claim against the translator for compensation for damage caused in accordance with No. 6 (1) sentence 4 is limited to the foreseeable damage. Typical, foreseeable damages are those who fall under the protective purpose of the respective violated contractual or legal standard. In individual cases, the express agreement of a higher damage liability limit is possible.
(3) The exclusion or limitation of liability according to No. 6 (1) and (2) shall not apply to damages of a consumer resulting from injury to life, body, or health.
(4) Claims of a commercial client against the translator due to deficiencies in the translation (§ 634a BGB) shall become time-barred one year after acceptance of the translation unless fraudulent intent exists.
(5) Contrary to § 634a BGB (German Civil Code), liability for consequential damages is limited to the statutory period of limitation. This shall not affect § 202 para. 1 BGB (German Civil Code).
(6) Sovereign Translations assumes no liability for translation errors resulting from incorrect, incomplete, or late provision of information and documents by the client or (partially) incorrect or illegible source texts. The client is obliged to check the translation. Sovereign Translations shall not be liable for any damage caused to third parties by the unchecked forwarding of a translation. If the client requires the use of his specialist terminology, Sovereign Translations is released from any liability in this respect.
(7) Nor can the client claim damages if he does not state the intended purpose of the translation, especially if it is used for publications or advertising purposes. The translated text proves to be unsuitable for the intended purpose, or the publication or advertising has to be repeated due to a defective adaptation or leads to damage to the company’s reputation or loss of image.
(8) If the client fails to inform the translator that the translation is intended for printing, or if he does not send the translator a galley proof before printing and prints without the translator’s approval, any deficiency shall be entirely at the client’s expense.
(9) If an infringement of copyright occurs due to a translation or if claims of third parties are asserted, the translator shall be fully indemnified by the client from liability.
(1) Sovereign Translations provides no guarantee unless previously agreed in writing, that the translation service performed is suitable or permissible for the client’s purpose. In particular, this applies to translations that are intended for advertising purposes or publications. Furthermore, it is the client’s responsibility to ensure that the publication or use of the translation does not violate applicable law.
(2) The client ensures that all texts are correct in content. Sovereign Translations is not responsible for the correction of errors in content.
9. Termination or premature termination of the contract by the client
(1) The client may cancel the order at any time prior to the completion of the translation.
(2) If a client cancels an order after work on the translation has already begun, the client must reimburse Sovereign Translations for the costs incurred up to that point, based on the degree of completion of the translation.
(3) In any case, the claim for reimbursement of costs is at least 50% of the agreed order value.
(4) Any physical documents provided that were required for the translation will be returned to the client as soon as possible after the completion of the translation.
(5) Unless otherwise agreed, the files sent by the Client to Sovereign Translations in connection with the order and the translations available as a file are kept for archiving purposes. Otherwise, they will be appropriately deleted at the special request of the client as soon as the order is terminated or canceled.
10. Professional secrecy
The translator undertakes to maintain secrecy about all facts that become known to him in connection with an activity for the client unless they are publicly accessible.
11. Involvement of third parties
(1) The translator shall be entitled to call in employees or expert third parties for the execution of the order.
(2) If expert third parties are involved, the translator shall ensure that they undertake to maintain secrecy in accordance with No. 6.
(1) The invoices of Sovereign Translations are due and payable without deduction within 14 days of the invoice date.
(2) In addition to the agreed fee, the translator shall be entitled to reimbursement of the expenses that have been incurred and agreed with the client. In all cases, the sales tax (VAT) will be charged additionally, if legally necessary. The translator may demand a reasonable deposit on his remuneration. Sovereign Translations may agree with the client in writing in advance that the delivery of its work is subject to the prior payment of its full fee.
(3) If the amount of the fee has not been agreed upon, an appropriate and customary remuneration according to type and difficulty is owed. This does not fall below the applicable rates of the Judicial Remuneration and Compensation Act (JVEG).
13. Reservation of proprietary rights and copyright
(1) The translation remains the property of Sovereign Translations until full payment has been received.
(2) Sovereign Translations reserves the right to any copyright that may arise.
(3) If the translation services in whole or in part result in works within the meaning of the Copyright Act, Sovereign Translations grants the client the right to use these works in an unlimited manner in terms of location, content, and time (simple right of use and exploitation), including the right to make changes or to pass them on to third parties.
(4) Sovereign Translations is entitled to the unrestricted use and exploitation of the translation service, unless previously expressly objected to.
14. Right of withdrawal
Insofar as the placing of the translation order is based on the fact that Sovereign Translations has offered the preparation of translations on the Internet, the client waives his possible right of revocation if Sovereign Translations has started the translation work and informed the client thereof.
15. Applicable law
(1) German law applies to the order and all claims arising from it.
(2) The place of performance is the registered office of Sovereign Translations.
(3) The place of jurisdiction is Bochum.
(4) The contract language is German or English.
16. Salvatory clause
The validity of these terms and conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic result or the intended purpose.
17. Changes and additions
(1) Changes and additions to these terms and conditions are only valid if they have been agreed in writing. This also applies to the amendment of the written form requirement itself. If changes or additions are disadvantageous to the client, the client has the right to terminate the current contractual relationship within 7 days without notice; the changes and additions will only come into force after this period.
(2) For commercial clients, these terms of service also apply to all future business relations, even if they are not expressly agreed upon again.
Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must inform me (Patrick Karban, Straße des Bohrhammers 2, 44625 Herne, Germany, +4915782865738, email@example.com) utilizing a clear statement (e.g., a letter or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. .
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same payment method you used for the original transaction unless expressly agreed otherwise with you; in no event will you be charged for this refund.
Suppose you have requested that the services be commenced during the cancellation period. In that case, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of cancellation concerning this Agreement compared to the total amount of services provided under the Agreement.