Standard Business Terms

Standard Business Terms of Dolmetscheragentur24 GmbH

Scope of application

  1. (1) These Standard Business Terms apply to all contracts between Dolmetscheragentur24 GmbH and its customers and suppliers, unless otherwise expressly agreed or required by law.
  2. Deviating or supplementary general terms and conditions of the client shall only become part of the contract if DOLMETSCHERagentur24 has acknowledged this in writing or by e-mail.
  3. The contract language is German. German law shall apply exclusively.

§ 2 Services of the DOLMETSCHERagentur24 and duty of confidentiality

  1. As the organizing interpreter, DOLMETSCHERagentur24 advises the client in advance of an event on the technical requirements of an interpreting team, the type of interpreting and the necessary interpreting equipment.
  2. DOLMETSCHERagentur24 organizes the desired interpreting service and coordinates with the other interpreters of the team, the Chef d’Équipe and the respective technical provider.
  3. DOLMETSCHERagentur24 also coordinates the necessary contracts with the team’s interpreters and the respective technology providers. Depending on the agreement made with the client, he either concludes these contracts in his own name and charges them to the client as if they were his own service – or he arranges the respective contracts between the interpreter(s), technology provider and the client/organizer.
  4. The preparation documents provided are forwarded to the interpreters exclusively via the organizing interpreter.
  5. As conference interpreter and team leader, the Chef d’Équipe is responsible on site for all matters concerning the interpreters and for contact with the client or organizer. If an employee of DOLMETSCHERagentur24 is deployed at the respective event, he or she will also assume the function of Chef d’Équipe.
  6. Every interpreter who is deployed as an interpreter at the client’s or organizer’s event is referred to as a “conference interpreter”.
  7. Services that are not expressly regulated in the order shall generally be remunerated separately, unless the parties have expressly agreed otherwise.
  8. DOLMETSCHERagentur24 is obliged to treat all information that becomes known to it during the execution of this contract as strictly confidential and, in particular, not to derive any unlawful benefit from it.
  9. The duty of confidentiality does not extend to information and documents that are generally known and/or have been made public by third parties.

§ 3 Obligation of the client/organizer to cooperate

  1. The client is obliged to inform DOLMETSCHERagentur24 in writing or text form of the exact requirements for the commissioned services with regard to the desired language combinations, casting modalities and specialist terminology when the contract is concluded.
  2. The client is aware that the interpreters of the team must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work program, agenda, reports, presentations, motions, etc.) in order to be able to guarantee an error-free service.
  3. The client is therefore obliged to provide DOLMETSCHERagentur24 with a complete set of all relevant documents in a standard file format as soon as possible, but no later than 8 working days before the start of the event.
  4. DOLMETSCHERagentur24 shall receive a copy of all documents and manuscripts that are read out during the event no later than 8 working days before the start of the event, which – unless expressly agreed otherwise – may remain with it or the team’s interpreters or be destroyed after the end of the event.
  5. Film recordings must also be made available to DOLMETSCHERagentur24 in a standard file format 8 working days before the start of the event. In addition, DOLMETSCHERagentur24 receives a copy of the spoken text.

§ 4 Working conditions and the interpreter’s right to refuse services

  1. The client is aware that a flawless performance by the interpreting team can only be guaranteed within the framework of the following working conditions. If the client concludes a contract with the technology provider without consulting DOLMETSCHERagentur24, the following mandatory working conditions must be observed. The interpreters need an interpreting booth. Fixed simultaneous interpreting booths and systems must comply with the requirements of DIN EN ISO 2603 for fixed booths and DIN EN ISO 4043 for mobile booths. ISO 20108 (Simultaneous interpreting – Quality and transmission of audio and visual input – Requirements) and ISO 20109 (Simultaneous interpreting – Equipment – Requirements) also apply.
  2. The interpreter must have a direct view from the booth of the respective speaker, the meeting room and any projection screens that may be used. The use of television monitors does not replace direct vision. The client/organizer must ensure that the interpreter can hear the texts to be interpreted with the best possible quality.
  3. Video conferences: The client is obliged to involve DOLMETSCHERagentur24 in the planning of a video conference from the outset and to clarify with it the conditions for the feasibility of such a conference. The working conditions must comply with ISO standards 2603 and 4043 as well as CEI 914. The sound quality must be in the 125-150 Hertz range. High-resolution monitors are essential.
  4. The client is aware that at least 2 interpreters are required for simultaneous interpreting assignments.
  5. Maximum working time per interpreter: 5-7 hours per day, depending on the subject area, unless otherwise agreed by the parties.
  6. In the case of a daily assignment lasting 5 to 7 hours, the team’s interpreters shall be granted 30 minutes in the morning, at least 60 minutes at lunchtime and a further 30 minutes in the afternoon, depending on the subject area, unless the parties have agreed otherwise.
  7. The client is aware that the interpreters in the team, and thus also DOLMETSCHERagentur24, are entitled to refuse to provide the agreed service if they do not meet the working conditions specified above and that this does not affect their entitlement to a fee. This applies in particular if the Chef d’Équipe considers a simultaneous system provided by the client or its operation to be inadequate.

§ 5 Warranty and liability

  1. DOLMETSCHERagentur24 is committed to working to the best of its knowledge and belief.
  2. If DOLMETSCHERagentur24 and/or the team’s interpreters provide the service despite not having the working conditions stipulated in § 4 at the start of the service, the client may not assert any rights arising from poor performance due to inadequate working conditions. In particular, a reduction of the fee is excluded in this case.
  3. If DOLMETSCHERagentur24 provides the interpreting equipment, § 5 para. 2 with the proviso that the interpreting technology is the responsibility of DOLMETSCHERagentur24. However, the client shall continue to be responsible for the other working conditions (possible location of the cabins, visibility conditions, etc.).
  4. The liability of DOLMETSCHERagentur24 is governed by the statutory provisions in cases of intent or gross negligence. Liability for guarantees is independent of fault.
  5. DOLMETSCHERagentur24 is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
  6. However, claims for damages for the slightly negligent breach of essential contractual obligations are limited to the foreseeable damages typical of the contract, unless liability is assumed for injury to life, limb or health. Contractually typical, foreseeable damages are those that fall under the protective purpose of the contractual or statutory standard that has been breached. DOLMETSCHERagentur24 is liable to the same extent for the fault of vicarious agents and representatives.
  7. The provisions of the preceding paragraph extend to compensation for damages in addition to performance, compensation for damages instead of performance and the claim for reimbursement due to futile expenses, regardless of the legal grounds, including liability due to defects, delay or impossibility.
  8. A change in the burden of proof to the detriment of the client is not associated with the above provisions.

§ 6 Amendments to the contract

  1. Should DOLMETSCHERagentur24 be prevented from fulfilling the contract for good cause, it is prepared, to the best of its ability and insofar as it can reasonably be expected to do so, to ensure that a colleague assumes the obligations arising from this contract in its place. This must be agreed with the client.

§ 7 Order placement and deadline

  1. Once the order has been placed, DOLMETSCHERagentur24 begins organizing the agreed event, putting together a team of interpreters and making further professional preparations.
  2. If the client withdraws from the contract before or during the event for reasons for which DOLMETSCHERagentur24 is not responsible, or terminates the contract without good cause, the client remains obliged to pay the fee.

§ 8 Use and copyrights

  1. Unless expressly agreed otherwise in the contract, the product of the interpreting services provided by DOLMETSCHERagentur24 and the team’s interpreters is intended exclusively for immediate hearing.
  2. A recording of the interpreting service is only permitted after prior written agreement. In particular, this agreement must also regulate which rights of use are transferred to the client for the use of the recording. If the parties fail to reach a sufficiently clear agreement on the rights of use and copyrights to the recording, the recording may only be used for any purpose whatsoever with the written consent of DOLMETSCHERagentur24.
  3. Any other use (e.g. direct transmission, transmission via the Internet, web streaming, etc.) requires a separate contractual agreement. Section 8 para. 2 of these conditions.

§ 9 Data protection provisions

  1. This data protection information applies to data processing by DOLMETSCHERagentur24 Responsible: Mr. Benjamin Bühl, Ahornweg 10, 78667 Villingendorf,
    Tel. + 49 741 320 725 00, e-mail: info@dolmetscheragentur24.de
  2. The client of DOLMETSCHERagentur24 can expect the order to be processed smoothly. It is unavoidable that certain data of the client/organizer will be stored using technical aids. When an order is accepted, DOLMETSCHERagentur24 collects a range of personal data as so-called basic data, which is required in order to be able to execute the order placed smoothly. Only data that is absolutely necessary for the fulfillment of the contract is stored. DOLMETSCHERagentur24 collects and uses personal data of the client/organizer exclusively within the framework of the provisions of the applicable data protection law of the Federal Republic of Germany. DOLMETSCHERagentur24 collects, processes and uses the following information: Title, first name, surname, a valid e-mail address, address, telephone number (landline and/or mobile), as well as other information required for the processing of any performance or warranty claims and the assertion of any claims against the client.
  3. The data is collected in order to be able to identify the client/organizer as a customer, to be able to provide the commissioned service properly and promptly, to issue invoices and to process and assert reciprocal claims.
    Data processing is carried out at the request of the client and is necessary for the stated purposes within the meaning of Art. 6 para. 1 p. 1 lit. b GDPR.
  4. The personal data collected by DOLMETSCHERagentur24 for order processing will be stored until the expiry of the statutory retention period and then routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation and/or DOLMETSCHERagentur24 has a legitimate interest in continuing to store it. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately.
  5. Insofar as this is permitted under Art. 6 para. 1 p. 1 lit. b GDPR is required for the processing of the order, personal data of the client/organizer will be passed on to third parties. This includes in particular the transfer to a subcontractor of DOLMETSCHERagentur24. The data passed on may be used by the third party exclusively for the stated purposes. Otherwise, the data will only be passed on to third parties with the consent of the client/organizer.
  6. The client/organizer has the right, pursuant to Art. 7 para. 3 GDPR to revoke his consent once given to the DOLMETSCHERagentur24 at any time. As a result, data processing based on this consent may no longer be continued in the future;
    to request information about the personal data processed by DOLMETSCHERagentur24 in accordance with Art. 15 GDPR. In particular, the client/organizer may request information about the processing purposes, the category of personal data being processed, the recipients or categories of recipients to whom your data has been or will be disclosed, if possible the planned storage period or, if this is not possible, the criteria for determining the duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal to a supervisory authority, the available information on the origin of their data, if this is not available at the DOLMETSCHERagentur24, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about their details;
    in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by DOLMETSCHERagentur24;
    pursuant to Art. 17 GDPR, to demand the immediate erasure of their personal data stored by DOLMETSCHERagentur24 Dolmetscher, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
    in accordance with Art. 18 GDPR, to demand the restriction of the processing of his personal data if the accuracy of the data is disputed by him, the processing is unlawful but he refuses to delete it, the DOLMETSCHERagentur24 no longer needs the data, but the client needs it for the establishment, exercise or defense of legal claims or has objected to processing pursuant to Art. 21 GDPR;
    in accordance with Art. 20 GDPR, to receive the personal data that he or she has provided to DOLMETSCHERagentur24 in a structured, commonly used and machine-readable format or to request that it be transmitted to another controller;
    to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, the client/organizer can contact the supervisory authority at their usual place of residence, their registered office or the registered office of DOLMETSCHERagentur24. If the personal data of the client/organizer is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f GDPR, the data subject has the right to object to the processing of their personal data pursuant to Art. 21 GDPR on grounds relating to their particular situation.
  7. If the client/organizer wishes to exercise their right to object, simply send an e-mail to: info@dolmetscheragentur24.de

B. General Terms and Conditions of Interpreting and Business for the Provision of an Individual Interpreter

Scope of application

  1. The following General Terms and Conditions apply to all contracts between DOLMETSCHERagentur24 and its clients for the provision of an individual interpreter, provided that the client is an entrepreneur or a legal entity under public law.
  2. Deviating or supplementary general terms and conditions of the client shall only become part of the contract if DOLMETSCHERagentur24 has acknowledged this in writing or by e-mail.
  3. The contract language is German. German law shall apply exclusively.

§ 2 Services of the DOLMETSCHERagentur24 and duty of confidentiality

  1. For the agreed fee, DOLMETSCHERagentur24 provides the services that are expressly listed in the offer or in the order/contract.
  2. Benefits that are not expressly provided in accordance with § 2 para. 1. have been agreed are to be remunerated separately.
  3. DOLMETSCHERagentur24 is obliged to treat all information that becomes known to it during the execution of this contract as strictly confidential and, in particular, not to derive any unlawful benefit from it.
  4. The duty of confidentiality does not extend to information and documents that are generally known and/or have been made public by third parties.

§ 3 Obligation of the client to cooperate

  1. The client is aware that DOLMETSCHERagentur24 must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work program, agenda, reports, presentations, applications, etc.) in order to be able to guarantee an error-free service.
  2. The client is therefore obliged to provide DOLMETSCHERagentur24 with a complete set of all relevant documents in a standard file format in the languages into and from which DOLMETSCHERagentur24 is to interpret in accordance with section 6 of the order/contract as soon as possible, but no later than 8 working days before the start of the event.
  3. DOLMETSCHERagentur24 shall receive a copy of all documents and manuscripts that are read out during the event no later than 8 working days before the start of the event, which – unless expressly agreed otherwise – may remain with it or be destroyed after the end of the event.
  4. Film recordings must also be made available to DOLMETSCHERagentu24 in a standard file format 8 working days before the start of the event.

§ 4 Working conditions and the interpreter’s right to refuse to provide services
The client is aware that the interpreter can only provide a flawless service within the framework of the following working conditions:

  1. Liaison interpreting/on-site interpreting: The parties involved in the negotiations must have a sufficient command of either the language from or the language into which the interpreting is to be provided. The acoustics at the venue must be such that hearing comprehension is not impaired (e.g. no prolonged reverberation time, disturbing background noise, etc.). DOLMETSCHERagentur24 draws the client’s attention to the fact that speech intelligibility depends to a large extent on the reverberation time and background noise in a room. With a long reverberation time in a room, the spoken words cannot fade away before the next words reach the listener’s ear. Speech intelligibility deteriorates, making it difficult for the listener to understand what is being said. If the acoustics do not permit adequate interpretation, the client must provide hearing and speaking equipment (headphones, microphones, etc.).
  2. Video conferences: The client is obliged to involve the interpreter/consulting interpreter in the planning of a video conference from the outset and to clarify with him/her the conditions for the feasibility of such a conference. In all other respects, the following conditions for remote interpreting apply accordingly.
  3. Remote interpreting:
    a) The term remote interpreting refers to all types of interpreting in which one or more participants or interpreters are not in the same location as the other participants. It is of secondary importance whether the remote interpreter is in a different room, in a different city or on a different continent. For smooth interpreting, appropriate information and communication technology solutions must be used so that, on the one hand, the interpreters can work flawlessly and, on the other hand, the participants can speak to each other without disruption, confidentially and without technical hurdles. If remote interpreting takes place simultaneously, this is referred to as remote simultaneous interpreting (RSI).
    b) When placing the order, the parties shall agree on the technical version of the remote interpreting and whether simultaneous or consecutive interpreting is to be provided.
    c) When concluding the contract, both parties must expressly agree on the languages in and from which DOLMETSCHERagentur24 is to work during the assignment. Appropriate technical precautions must be taken. If the interpreting is provided via a platform solution, the client shall inform us of the platform to be used before placing the order. The platform must meet the requirements of ISO/PAS 24019:2020 Simultaneous interpreting delivery platforms – Requirements and recommendations.
    d) The client shall grant DOLMETSCHERagentur24 sufficient access time to the platform used before the start of the event/order so that it can be tested by DOLMETSCHERagentu24. It is strongly recommended to test the platform together with all participants no later than the day before the event.
    e) The client shall provide professional technical support throughout the event to ensure that the interpreting runs smoothly.
    f) Real-time communication must be guaranteed within an interpreting team. This may only be viewed by the respective interpreters.
    e) The client is aware that DOLMETSCHERagentur24 has no influence on the internet speed, the availability of the necessary lines or the operation of the platform used. DOLMETSCHERagentur24 is therefore not liable for any malfunction or failure of the technology used, unless the malfunction is exclusively and demonstrably due to a malfunction of DOLMETSCHERagentur24 ‘s own computer. If the malfunction is not attributable to the computer of DOLMETSCHERagentur24, the fee claim of DOLMETSCHERagentur24 remains unaffected in the event of a malfunction or failure of the system/technology.
  4. At least 2 interpreters are required for simultaneous interpreting assignments.
  5. Attendance time per interpreter: 5-7 hours per day, depending on the subject area, unless the parties have agreed otherwise.
  6. In the case of a daily assignment lasting 5 to 7 hours, DOLMETSCHERagentur24 shall be granted 30 minutes in the morning, 60 minutes at lunchtime and a further 30 minutes in the afternoon, depending on the subject area, unless the parties have agreed otherwise.
  7. DOLMETSCHERagentur24 is entitled to refuse the agreed service if it does not find the working conditions specified above. Your entitlement to a fee remains unaffected by this.

§ 5 Warranty and liability

  1. DOLMETSCHERagentur24 is committed to working to the best of its knowledge and belief.
  2. If DOLMETSCHERagentur24 provides its services even though it does not have the working conditions stipulated in § 4 at the start of the service, the client cannot assert any rights arising from poor performance due to inadequate working conditions. In particular, a reduction of the fee is excluded in this case.
  3. The liability of DOLMETSCHERagentur24 is governed by the statutory provisions in cases of intent or gross negligence. Liability for guarantees is independent of fault.
  4. DOLMETSCHERagentur24 is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. However, claims for damages for the slightly negligent breach of essential contractual obligations are limited to the foreseeable damages typical of the contract, unless liability is assumed for injury to life, limb or health. Contractually typical, foreseeable damages are those that fall under the protective purpose of the contractual or statutory standard that has been breached. The interpreter shall be liable to the same extent for the fault of vicarious agents and representatives.
  5. The provisions of the preceding paragraph shall extend to compensation for damages in addition to performance, compensation for damages instead of performance and the claim for reimbursement due to futile expenses, irrespective of the legal grounds, including liability due to defects, delay or impossibility.
  6. A change in the burden of proof to the detriment of the client is not associated with the above provisions.

§ 6 Amendments to the contract

  1. Should DOLMETSCHERagentur24 be prevented from fulfilling the contract for good cause, it is prepared to ensure to the best of its ability and insofar as it can reasonably be expected to do so, that a professional colleague takes over the obligations arising from this contract in its place. This must be agreed with the client.

§ 7 Rights of use and copyrights

  1. Unless expressly agreed otherwise in the contract, the product of the interpreting service is intended exclusively for immediate hearing.
  2. A recording of the interpreting service is only permitted after prior written agreement. In particular, this agreement must also regulate which rights of use are transferred to the client for the use of the recording. If the parties fail to make a sufficiently clear provision regarding the rights of use and copyright to the recording, the recording may only be used for any purpose whatsoever with the written consent of the interpreter.
  3. Any other use (e.g. direct transmission; transmission via the Internet, web streaming, etc.) requires a separate contractual agreement. Section 7 para. 2 of these conditions.

§ 8 Remuneration and terms of payment

  1. Unless the parties have expressly agreed otherwise, DOLMETSCHERagentur24 shall invoice the client for the agreed service immediately after the event. The invoice is due for payment without deduction within 10 days of receipt of the invoice.
  2. If the order volume exceeds € 1,500.00, 30% of the agreed fee shall be due when the order is placed. With regard to the remaining balance, § 8 para. 1 of these GTC.

§ 9 Data protection provisions

  1. This data protection information applies to data processing by the interpreter. Responsible: Mr. Benjamin Bühl, Ahornweg 10, 78667 Villingendorf,
    Tel. + 49 741 320 725 00, e-mail: info@dolmetscheragentur24.de
  2. The client of DOLMETSCHERagentur24 can expect the order to be processed smoothly. It is unavoidable that certain data of the client is stored using technical aids. When an order is accepted, DOLMETSCHERagentur24 collects a range of personal data as so-called basic data, which is required in order to be able to execute the order placed smoothly. Only data that is absolutely necessary for the fulfillment of the contract is stored. DOLMETSCHERagentur24 collects and uses the client’s personal data exclusively in accordance with the provisions of the applicable data protection laws of the Federal Republic of Germany. DOLMETSCHERagentur24 collects, processes and uses the following information: Title, first name, surname, a valid e-mail address, address, telephone number (landline and/or mobile), further information required for the processing of any existing performance or warranty claims and the assertion of any claims against the client. The data is collected in order to be able to identify the client as a customer, to provide the commissioned service properly and promptly, to issue invoices and to process and assert reciprocal claims. Data processing is carried out at the request of the client and is necessary for the stated purposes within the meaning of Art. 6 para. 1 p. 1 lit. b GDPR.
  3. The personal data collected by DOLMETSCHERagentur 24 for order processing will be stored until the expiry of the statutory retention period and then routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation and/or DOLMETSCHERagentur 24 has a legitimate interest in continuing to store it. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately.
  4. Insofar as this is permitted under Art. 6 para. 1 p. 1 lit. b GDPR is required for the processing of the order, personal data of the client will be passed on to third parties. This includes, in particular, the transfer to a subcontractor of the interpreter. The data passed on may be used by the third party exclusively for the stated purposes. Otherwise, the data will only be passed on to third parties with the consent of the client.
  5. The client has the right, pursuant to Art. 7 para. 3 GDPR to revoke his consent once given to the DOLMETSCHERagentur 24 at any time. As a result, DOLMETSCHERagentur 24 may no longer continue the data processing that was based on this consent in the future; to request information about the personal data processed by DOLMETSCHERagentur 24 in accordance with Art. 15 GDPR. In particular, the client may request information about the purposes of processing, the category of personal data being processed, the recipients or categories of recipients to whom their data have been or will be disclosed, if possible, the planned storage period or, if this is not possible, the criteria for determining the duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal to a supervisory authority, the available information on the origin of their data, unless this is not available from the controller, and the existence of a right of appeal to a supervisory authority. DOLMETSCHERagentur 24 and the existence of automated decision-making, including profiling and, where applicable, meaningful information on the details thereof; in accordance with Art. 16 GDPR, obtain without undue delay the rectification of inaccurate personal data or the completion of incomplete personal data stored by DOLMETSCHERagentur 24. DOLMETSCHERagentur 24; in accordance with Art. 17 GDPR, to demand the immediate erasure of his or her personal data stored by the DOLMETSCHERagentur 24 personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims; in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the data, the DOLMETSCHERagentur 24 no longer needs the data, but the client requires it for the establishment, exercise or defense of legal claims or has objected to processing pursuant to Art. 21 GDPR; pursuant to Art. 20 GDPR, the personal data that the client has provided to the DOLMETSCHERagentur 24 to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller; to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, the client can contact the supervisory authority of his usual place of residence, workplace or the registered office of DOLMETSCHERagentur 24.
  6. If the client’s personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f GDPR, the data subject has the right to object to the processing of their personal data pursuant to Art. 21 GDPR on grounds relating to their particular situation.
  7. If the client wishes to exercise their right to object, simply send an e-mail to: info@dolmetscheragentur24.de
  8. DOLMETSCHERagentur 24 has implemented technical and organizational security measures to protect data, in particular against loss, manipulation or unauthorized access. DOLMETSCHERagentur24 regularly adapts the security precautions to ongoing technical developments.

C. General terms and conditions of translation and business

Scope of application

  1. The following translation and business terms and conditions apply to all contracts between DOLMETSCHERagentur24 and its clients, insofar as they are entrepreneurs or legal entities under public law.
  2. Deviating or supplementary general terms and conditions of the client shall only become part of the contract if DOLMETSCHERagentur24 has expressly recognized them.
  3. The contract language is German. German law shall apply exclusively.

§ 2 Conclusion of contract

  1. DOLMTESCHERagentur24 will submit a quotation for the translation or service requested by the client upon verbal request, written request or request by e-mail. The binding conclusion of the contract requires the transmission of the order by e-mail, fax or by sending a signed order by the client. The contract is concluded when DOLMETSCHERagentur24 has confirmed the content of the order to the client in writing, in text form or by providing the service.
  2. The offers of DOLMETSCHERagentur24 are subject to change and non-binding. The prices listed in the individual offer are valid. In addition to the net prices listed in the offers, the applicable value added tax must be paid.

§ 3 Services and terminology

  1. DOLMETSCHERagentur24 undertakes to translate the text provided by the client into the agreed target text in such a way that it does not contain any errors. DOLMETSCHERagentur24 ensures that the translation is carried out without abridgement, additions or other changes to the content. DOLMETSCHERagentur24 reserves the right to insert comments, footnotes, etc. to aid understanding of the text in the target language and/or to make corrections to obvious errors; DOLMETSCHERagentur24 will draw the client’s attention to such corrections.
  2. Unless otherwise agreed, the service provided by DOLMETSCHERagentur24 exclusively comprises the translation of a text provided by the client into the target text. Proofreading, subsequent text design, editing, adoption of graphics and images as well as text assembly, production of print templates or HTML / XML documents etc. shall be charged on a time basis, unless the parties have agreed otherwise.
  3. Translations are carried out in accordance with the generally recognized rules of the agreed target language with regard to language usage, spelling and grammar. Technical terms and special vocabulary are translated with the common or usual meaning. If the client has a specific terminology or form requirement for the translation or one that deviates from generally recognized rules, this shall only be used if this has been expressly agreed in the contract. In this case, the client shall provide instructions in editable form or as an editable glossary. At the request of DOLMETSCHERagentur24, the client shall provide professional consultation.

§ 4 Obligations of the client to cooperate

  1. The client shall inform DOLMETSCHERagentur24 of the desired forms of execution of the translation (intended use, delivery on data carriers, file format, number of copies if applicable, readiness for printing, external form of the translation, etc.) when requested to submit a quotation. The texts to be translated are usually submitted to DOLMETSCHERagentur24 by the client in electronic form. The source material must be legible and must also be sent to DOLMETSCHERagentur24 at the time and in the format specified by DOLMETSCHERagentur24. Changes and additions to the source material will always be sent to DOLMETSCHERagentur24 after consultation with DOLMETSCHERagentur24, with the changes compared to the original version being marked. If changes to the source text cause significant additional work, this shall be remunerated separately.
  2. The client shall provide DOLMETSCHERagentur24 with the information and documents required to produce the translation when placing the order (client’s specialist terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
  3. The client warrants that the translation of the source text as well as the publication, distribution, sale and any other use of the translation to be delivered does not constitute an infringement of third-party rights and that he is fully authorized to have the text translated. The client shall indemnify DOLMETSCHERagentur24 against all third-party claims to this effect.

§ 5 Acceptance, obligation to give notice of defects, rectification of defects, warranty period

  1. After completion of the service, the text or the agreed service shall be made available to the client in the desired format in writing or in text form. If the client does not raise any objections within 14 days of receipt of the translation or agreed service, the translation or agreed service shall be deemed to have been accepted in accordance with the contract.
  2. Obvious defects must be reported immediately, but at the latest within 14 days.
  3. The Client must notify DOLMETSCHERagentur24 of an obvious defect in writing or in text form within 14 days and request DOLMETSCHERagentur24 to rectify the specified defect within a reasonable period of time. If the rectification fails, the client shall grant DOLMETSCHERagentur24 a second opportunity to rectify the defect. If this also fails, the client shall be entitled to demand rescission of the contract or a reduction of the agreed fee.
  4. Hidden defects must be reported to DOLMETSCHERagentur24 within 14 days of discovery. Otherwise, § 5 para. 3 of these GTC.
  5. The warranty period is 12 months after acceptance. This does not apply insofar as DOLMETSCHERagentur24 is mandatorily liable in accordance with § 6 of the statutory provisions. In this case, the statutory regulations apply.

§ 6 Liability

  1. The liability of DOLMETSCHERagentur24 is governed by the statutory provisions in cases of intent or gross negligence. Liability for guarantees is independent of fault.
  2. DOLMETSCHERagentur24 is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. However, claims for damages for the slightly negligent breach of essential contractual obligations are limited to the foreseeable damages typical of the contract, unless liability is assumed for injury to life, limb or health. Contractually typical, foreseeable damages are those that fall under the protective purpose of the contractual or statutory standard that has been breached. DOLMETSCHERagentur24 is liable to the same extent for the fault of vicarious agents and representatives.
  3. The above provisions of § 6 extend to compensation for damages in addition to performance, compensation for damages instead of performance and the claim for reimbursement due to futile expenses, regardless of the legal grounds, including liability due to defects, delay or impossibility.
  4. A change in the burden of proof to the detriment of the client is not associated with the above provisions.

§ 7 Delivery dates and delay

  1. Unless DOLMETSCHERagentur24 has expressly designated a delivery date as a binding date, it does not constitute a binding or guaranteed delivery date.
  2. If DOLMETSCHERagentur24 is negligently in default with the agreed service and the client can credibly demonstrate that it has suffered damage as a result of the delay, the client may claim liquidated damages. The lump-sum compensation shall amount to 1% of the agreed fee for each full day of delay, up to a maximum of 50% of the agreed fee. The client’s right to withdraw from the contract remains unaffected by this.
  3. A change in the burden of proof to the detriment of the client is not associated with the above provisions.

§ 8 Rights of use and copyrights

  1. Insofar as works within the meaning of copyright law are created in whole or in part as a result of the services provided by DOLMETSCHERagentur24, the client may use and exploit the works for the contractually intended purpose without restriction in terms of space, content or time. The client is entitled to process, modify and transfer the service to third parties within the scope of the contractually intended purpose. Any use of the services of DOLMETSCHERagentur24 beyond the contractually intended purpose requires the express consent of DOLMETSCHERagentur24.
  2. § 8 para. 1 sentences 1 and 2 of the GTC shall not apply to the production of a certified, sworn or notarized translation. Such a translation is a translation whose complete conformity with the original is confirmed by the court-authorized translator. As a rule, translations of official documents (e.g. extracts from the commercial register, certificates or testimonials) must always be confirmed. The client is not entitled to edit or change a confirmed translation.
  3. If DOLMETSCHERagentur24 develops a specific terminology database or a translation memory (“TM”) during the course of its work for a client, or if DOLMETSCHERagentur24 continues to develop existing databases, the copyrights and rights of use to the database shall, notwithstanding § 8 para. 1 exclusively to DOLMETSCHERagentur24. This shall not apply if the parties have expressly agreed otherwise.

§ 9 Confidentiality

  1. DOLMETSCHERagentur24 treats the orders and the information received with the orders as strictly confidential, even after completion of the respective order.
  2. DOLMETSCHERagentur24 offers clients the option of concluding separate non-disclosure or confidentiality agreements.

§ 10 Remuneration and terms of payment

  1. Unless the parties have expressly agreed otherwise, DOLMETSCHERagentur24 shall invoice the client for the agreed service immediately after the translation or the services agreed in accordance with § 3 have been provided. The invoice is due for immediate payment without deduction.
  2. If the order volume exceeds € 1,500.00, 30% of the agreed fee shall be due when the order is placed. Unless the parties have expressly agreed otherwise, DOLMETSCHERagentur24 is entitled to demand further, appropriate partial payment even after the down payment. Otherwise § 10 para. 1 applies.
  3. DOLMETSCHERagentur24 is exclusively entitled to the rights associated with the translation or service until the remuneration has been paid in full.

§ 11 Data protection provision

  1. This data protection information applies to data processing by DOLMETSCHERagentur24. Responsible Mr. Benjamin Bühl, Ahornweg 10, 78667 Villingendorf,
    Tel. + 49 741 320 725 00, e-mail: info@dolmetscheragentur24.de
  2. The client of DOLMETSCHERagentur24 can expect the order to be processed smoothly. It is unavoidable that certain data of the client is stored using technical aids. When an order is accepted, DOLMETSCHERagentur24 collects a range of personal data as so-called basic data, which is required in order to be able to execute the order placed smoothly. Only data that is absolutely necessary for the fulfillment of the contract is stored. DOLMETSCHERagentur24 collects and uses the client’s personal data exclusively in accordance with the provisions of the applicable data protection laws of the Federal Republic of Germany. DOLMETSCHERagentur24 collects, processes and uses the following information: Title, first name, surname, a valid e-mail address, address, telephone number (landline and/or mobile), further information required for the processing of any existing performance or warranty claims and the assertion of any claims against the client. The data is collected in order to be able to identify the client as a customer, to provide the commissioned service properly and promptly, to issue invoices and to process and assert reciprocal claims. Data processing is carried out at the request of the client and is necessary for the stated purposes within the meaning of Art. 6 para. 1 p. 1 lit. b GDPR.
  3. The personal data collected by DOLMETSCHERagentur24 for order processing will be stored until the expiry of the statutory retention period and then routinely deleted, provided that it is no longer required for contract fulfillment or contract initiation and/or DOLMETSCHERagentur24 has a legitimate interest in continuing to store it. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately.
  4. Insofar as this is permitted under Art. 6 para. 1 p. 1 lit. b GDPR is required for the processing of the order, personal data of the client will be passed on to third parties. This includes in particular the transfer to a subcontractor of DOLMETSCHERagentur24. The data passed on may be used by the third party exclusively for the stated purposes. Otherwise, the data will only be passed on to third parties with the consent of the client.
  5. The client has the right, pursuant to Art. 7 para. 3 GDPR to revoke his consent once given to the DOLMETSCHERagentur24 at any time. As a result, DOLMETSCHERagentur24 may no longer continue the data processing based on this consent in the future; to request information about the personal data processed by DOLMETSCHERagentur24 in accordance with Art. 15 GDPR. In particular, the client may request information about the purposes of processing, the category of personal data being processed, the recipients or categories of recipients to whom their data have been or will be disclosed, if possible, the planned storage period or, if this is not possible, the criteria for determining the duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of appeal to a supervisory authority, the available information on the origin of their data, unless this is not available from the controller, and the existence of a right of appeal to a supervisory authority. DOLMETSCHERagentur24 and the existence of automated decision-making, including profiling and, where applicable, meaningful information about their details; in accordance with Art. 16 GDPR, to demand the immediate rectification of inaccurate personal data or the completion of incomplete personal data stored by DOLMETSCHERagentur24; in accordance with Art. 17 GDPR, to demand the immediate erasure of personal data stored by DOLMETSCHERagentur24 personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims; in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the data, the DOLMETSCHERagentur24 no longer needs the data, but the client requires it for the establishment, exercise or defense of legal claims or has objected to processing pursuant to Art. 21 GDPR; pursuant to Art. 20 GDPR, the personal data that the client has provided to the DOLMETSCHERagentur24 to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transmission to another controller; to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, the client can contact the supervisory authority of his usual place of residence, workplace or the registered office of DOLMETSCHERagentur24.
  6. If the client’s personal data is processed on the basis of legitimate interests pursuant to Art. 6 para. 1 p. 1 lit. f GDPR, the data subject has the right to object to the processing of their personal data pursuant to Art. 21 GDPR on grounds relating to their particular situation.
  7. If the client wishes to exercise their right to object, simply send an e-mail to: info@dolmetscheragentur24.de
  8. DOLMETSCHERagentur24 has implemented technical and organizational security measures to protect data, in particular against loss, manipulation or unauthorized access. DOLMETSCHERagentur24 regularly adapts the security precautions to ongoing technical developments.

§ 12 Place of jurisdiction

For contracts with registered traders, legal entities, legal entities under public law or a special fund under public law, the exclusive place of jurisdiction is Stuttgart.

The text of the above General Terms and Conditions has been prepared by Mr. Hermann J. Bauch, Attorney at Law, Gereonskloster 20, 50670 Cologne, Germany, insofar as it does not reproduce legal requirements verbatim or analogously. The contents are subject to German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the law firm Hermann J. Bauch.