General Terms & Conditions

  1. Scope
    1. The following General Terms & Conditions apply to business relations between Malgorzata Burek (hereinafter: “Translator”) and her clients (hereinafter: “Client”), unless otherwise explicitly agreed upon by the parties or laid down irrevocably by law.
    2. The General Terms & Conditions of the Client shall only be legally binding if the Translator has specifically accepted them.
  2. Obligations of the Translator
    1. The Translator shall perform the translation accurately and in accordance with the principles of good professional practice. The Client receives the translation as contractually agreed.
  3. Obligations of the Client
    1. The Client shall inform the Translator well enough in advance as to the required form of the translation: purpose of the translation, delivery on data mediums, number of copies, readiness to print, form of the translation etc. If it is intended that the translation be printed, the Client will provide the Translator with a copy for correction in good time prior to final printing to allow the Translator to correct possible errors. Names and numbers shall be checked by the Client.
    2. Information and documents which are necessary for performing the translation (client terminology, pictures and images, charts etc.) will be provided to the Translator by the Client when placing the order.
    3. The Translator shall not be liable for errors and delays in translating which occur due to a lack of information or the delayed delivery of information and instructions.
    4. The Client is liable to assure that the text provided does not infringe any third-party copyrights. The client releases the customer from any such third-party claims.
  4. Correction of defects in translation
    1. In the event of defects in the translation, the Translator shall have the right to undertake the necessary corrections. In the first instance, the Client only has the right to request the correction of possible defects.
    2. If the Translator do not perform the necessary correction within a reasonable period of time, or refuses to do so, or if the repair measures are deemed to have failed, after having consulted with the Translator the Client is entitled to arrange for a third party to correct the translation at the Translator’s expense, to require a reduction in the Translator’s fee or to withdraw from the contract. The above-mentioned repair measures are deemed to have failed when errors are still in evidence despite numerous correction attempts.
  5. General Liability of the Translator
    1. The Translator shall be liable if default is due to intent or gross negligence. Gross negligence does not cover damages due to technical problems with computers or the internet such as viruses, computer crashes, errors in e-mail delivery etc. Nevertheless, the Translator is obliged to take necessary precautions such as using anti- virus software. Liability for simple or minor negligence is applicable only when significant contractual obligations have been breached.
    2. The client’s claim against the Translator for damages according to provision 5a is limited to € 5,000 compensation unless agreed otherwise by the parties.
    3. The limitation of compensation mentioned in provision 5b shall not apply for damages to life, body of health.
    4. Any rights of the Client related to defects in the translation shall become time-barred within one year after receipt of the translation unless such defects are caused by fraud.
  6. Confidentiality
    1. The Translator guarantees to treat in confidence any information, data or documents received from the Client.
  7. Confidentiality and data protection
    1. The Translator shall keep confidential any information that he becomes acquainted with in relation with his work for the Customer, whenever the Customer indicates the confidentiality of such information or where the nature of the information suggests it is confidential.
    2. With the placing of the order, the Customers agrees to the electronic processing and archiving of his personal and other data insofar as it is disclosed to the Translator in connection with the order and it is required for processing the order, subject to the German statutory provisions governing data protection.
    3. Unless he objects to this, the Customer is deemed to consent to the mention of his name or firm as a former customer on the Translator's website under the "Customers" tab. The Customer may withdraw his consent and/or demand removal of his name or of the firm at any time.
  8. Subcontracting
    1. The Translator is entitled to employ a third party or to seek help and assistance from another translator in order to duly perform the translation. Such subcontractors shall also be obliged to confidentiality.
  9. Translator’s fees
    1. The Translator’s fees are to be paid without any deduction within 14 days of the date of invoice.
    2. The Translator is also entitled to charge for the reimbursement of additional incurred expenses previously notified to the Client. With respect to large–scale translations, the Translator is entitled to demand a reasonable advance payment. The parties may also agree in writing that the translation will only be delivered after receipt of full payment by the Translator.
    3. If the amount of the fee is not agreed in advance, the Client shall pay the Translator an appropriate remuneration corresponding to the nature and difficulty of the services rendered. In this case, the rates shall not be lower than those specified by German law in the Judicial Remunerations and Compensations Act (Justizvergütungs-und-entschädigungsgesetz – JVEG)
  10. Reservation of title and copyright
    1. Until full payment has been made, the translation remains the property of the Translator. Until then, the client does not have any rights to use the translation.
    2. The Translator reserves the copyright to the translation.
  11. Severance Clause
    1. Should any provision of these General Terms & Conditions be or become void, the validity of the remaining provisions shall not be affected thereby. The void provision shall be replaced by a valid provision that comes closest to the commercial intention or the purpose of the agreement.
  12. Applicable Law
    1. The present General Terms & Conditions as well as any claims arising thereof are governed by the laws of the Federal Republic of Germany. Agreements shall be written in German.
  13. Modifications and supplements
    1. Modifications and supplements to a service agreement must be made in writing. The same applies to any modification of this written form requirement.