Übersetzungbüro Christine Gialloreto

1. Scope

(1) These Terms and Conditions shall apply for any agreement between Christine Gialloreto (hereinafter "the Translator") and her Customer unless other agreements are required by law or have explicitly been agreed upon. 

(2) The Customer’s General Terms and Conditions shall only be binding for the Translator if she explicitly acknowledged them.

2. Subject

The Translator shall translate the order carefully according to the principles of professional conduct. The Customer will receive the translation as contractually agreed.

3. Customer’s Duty to Inform and Support the Translator

(1) Upon placing the translation order, the Customer shall inform the Translator about his expectations regarding the translation (intended usage, delivery method for example on data carriers, number of copies required, publication, formal aspects of the translation, etc.). If the translation is to be published, the Customer shall provide the Translator with a proof copy before publication to enable her to correct potential mistakes. The Customer shall check names and numbers included in the translation for correctness.

(2) Upon placing the translation order, the Customer shall provide the Translator with information and documents essential for the translation process (terminology, pictures, drawings, tables, abbreviations, customer-specific terminology, etc.).

(3) The Translator cannot be held responsible for mistakes and delays resulting from a lack of instructions or an insufficient provision of information materials on the Customer’s part. 

(4) The Customer is solely responsible for obtaining the rights to the content to be translated and that said content may be translated. The Translator is not liable or subject to third-party claims resulting from these legal matters.

4. Customer’s Rights in Case of Errors

(1) The Translator reserves her right to correct errors in her translation. In the event that a translation contains potential errors, the Customer can only insist on their correction. 

(2) The Customer shall assert his right to correction of translations by specifying the errors to be corrected.

(3) If the Translator does not eliminate the specified errors within an appropriate period of time, or if she rejects the correction of errors, or if errors are not corrected following the revision of the translation by the Translator, the Customer - after consulting the Translator - can employ the services of a third-party translator to have the errors eliminated. Costs arising from this correction by a third party shall be covered in full by the Translator. Alternatively, the Customer can lower the Translator’s payment or cancel the contract. The elimination of errors can be considered unsuccessful, if the translation still contains errors after the Translator repeatedly revised the translation.

5. Liability

(1) The Translator shall be liable for gross negligence and malice. Gross negligence does not include damage caused by computer malfunction, e-mail-transmission-problems, or problems caused by computer viruses. By using anti-virus software, the Translator attempts to prevent such problems from occurring. In the event of slight negligence, the Translator is only liable if she violated her primary duties.

(2) In case of a damage pursuant to Section 5 para. 1 sentence 4, the Customer’s damage claim toward the Translator shall be limited to EUR 2,000. In individual cases, the Customer and the Translator can explicitly agree on a higher damage-claim limit.

(3) The exemption from or limitation of liability pursuant to Section 5 para. 1 and 2 does not apply to damages if a person suffers bodily injury or death.

(4) The statutory period of limitation for a Customer’s claim toward the Translator in the event of translation errors (Article 634 (a) German Civil Code) is limited to one year from the time the customer accepted the translation and if fraud can be ruled out. 

(5) Contrary to Art. 634 (a) German Civil Code, liability - in the event of error and consequential damage - is limited to the statutory period of limitation. Art. 202, Section 1 German Civil Code remains untouched hereof.

6. Professional Confidentiality

The Translator commits herself to maintain confidentiality and not disclose information learned in connection with her translation work for the Customer. 

7. Third-party Involvement

(1) In connection with her translation work, the Translator is allowed to involve co-workers or third-party experts.

(2) If third-party experts are involved, the Translator shall ensure that they maintain confidentiality in accordance with Section 6.

8. Remuneration 

(1) The Translator’s invoices become due and payable in full within 14 days after issuance.

(2) All prices are net prices. VAT will be added as required by law. 

(3) In addition to the agreed payment, the Translator is entitled to the reimbursement of all expenses and expenditures to which the Customer agreed. In light of comprehensive translation work, the Translator is entitled to ask the Customer for an appropriate payment prior to delivery. The Translator can agree with the Customer in writing that remuneration in full has to take place prior to delivery.

(4) If the parties did not agree explicitly on the final payment amount, the Customer owes the Translator an appropriate payment amount, which results from the workload and current market prices in the translation industry. The price per translated line should not fall below the price German Courts pay their translators (compare Law regarding the remuneration at German Courts - Justizvergütungs- und -entschädigungsgesetz - JVEG).

9. Reservation of Ownership and Copyright Law

(1) The Translator remains the owner of her work until the Customer pays her in full. The Customer cannot use the translation in any form until payment is made.

(2) The Translator holds the copyright to her translation.

10. Applicable Law

(1) German Law applies to the order and to all claims resulting from it.

(2) The place of fulfilment is the Translator’s place of residency or her place of business.

(3) The jurisdiction of the Court responsible for the place of contractual fulfilment applies. 

(4) The German version of this contract is binding.

11. Severability Clause

If individual provisions in these Terms and Conditions are void or invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which most accurately reflects the economic result and the purpose intended by both parties of this agreement.

12. Modifications and Amendments

Modifications and amendments to these Terms and Conditions shall only be valid if the parties agreed to them in writing. This also applies to the written form requirement itself.