LEGAL & PRIVACY
German American Translations
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The author cannot be held liable for the current relevance, correctness, completeness or quality of the information provided on the German American Translations website. Liability claims regarding tangible or intangible damage caused by the use of or inability to use any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected unless it is proven that the author has acted maliciously or with gross negligence.
The author expressly reserves the right to change, modify, add to or remove any portion of the website in whole or in part, including all offers and information, at any time without prior notice or to cease publication for a limited or unlimited period of time.
Cross References and Links
This website contains links to external third-party websites. The author has no influence on the actual and future design or on the content of any hyperlinked websites and therefore cannot be held responsible for the content of any such websites. The author hereby expressly states that at the time the links were established the respective pages were free of any illegal content. The author hereby dissociates himself expressly from the entire content of all websites that were changed after the link was established. Liability for illegal, faulty or incomplete contents and, in particular, for damage caused by the use of or inability to use such information rests exclusively with the person responsible for the cross-referenced website, and by no means with the party having referenced any such website by means of a link.
The author reserves the copyright to all material contained in this website. The duplication or use of any objects such as graphics, texts, audio or video clips in other electronic or printed publications is prohibited without the express prior consent of German American Translations. The author intended not to use any copyrighted material for the publication or, where applicable, to indicate the copyright of any graphics, texts, audio or video clips used. Any third-party copyrights and trademarks referred to on this website are subject without restrictions to the applicable copyright and property laws. A reference to copyrighted material or trademarks does not constitute any breach of third-party rights.
Legal Validity of This Disclaimer
This disclaimer shall be deemed to consitute a part of the Internet publication that directed you to this page. If any section or individual terms of the disclaimer do not, no longer or no longer fully meet the applicable legal requirements, this shall not affect the content or validity of the remaining sections of the document.
GENERAL BUSINESS TERMS & CONDITIONS
1. General Provisions
These Terms and Conditions apply to all business dealings between German American Translations (GAT) and its clients. Sometimes GAT is referred to as "we," "us," or "our." By accessing and using the GAT website and placing an order, the client accepts our Terms and Conditions, which apply for the entire duration of the business relationship. Thus, the Terms and Conditions shall apply not only to the initial business transaction but to all future transactions as well. Our Terms and Conditions shall be deemed approved and accepted and any conflicting Terms and Conditions are deemed superseded, unless we receive written notice within three days stating the term or condition that is not acceptable and the extent to which it is not acceptable. Agreements regarding deliveries, changes, additions, and ancillary agreements made with our clients shall become binding only after we have confirmed them in writing. The client's Terms and Conditions shall be deemed binding for us only if we have explicitly recognized and accepted them in writing.
A contract with GAT shall be considered concluded after the client has sent an order to GAT by e-mail, fax, or postal mail and the order has been confirmed by GAT. GAT cannot be held responsible for delays or errors resulting from orders that are unclear, incorrect, or incomplete.
GAT translates texts only. Any text containing illegal or offensive language may be rejected by GAT, even after a contract has been concluded. The client shall generally submit texts to GAT by e-mail. The translation will generally also be delivered to the client by e-mail. When placing an order, the client can select the desired format for the translation. The source material must be legible and must be transmitted to GAT on time and in the selected format. GAT cannot be held responsible for any translation delivery delays resulting from late delivery of the source material or delivery in a different format.
Any changes in or additions to the source material must be transmitted to GAT, with all such changes and additions compared with the original version clearly marked.
Each translation is done in accordance with the valid and generally accepted spelling, grammar, and language use rules of the target language. When translating technical or specialist texts, GAT uses terms that are in current use and according to their commonly accepted meaning. If the client wishes certain terms or forms of language to be used that deviate from the generally recognized rules, he/she must inform GAT and provide the relevant instructions (sample texts, analogous texts, glossaries, etc.). The use of special terminology must be expressly requested by the client in advance and agreed on when the order is placed. The client agrees to provide consultation at the request of the translator.
All prices and estimates are nonbinding and subject to confirmation. Prices are quoted in euros unless otherwise stated. For large-scale projects we may request partial payment in advance or in installments commensurate with the translation progress.
The client may modify a text already in progress and submit additional source material (author's corrections). The fees for this and the ensuing delivery times will be determined according to the number of modifications and percentage of the total text already translated. GAT will give an estimate of the additional costs before any changes or additions are made.
Unless a fixed price has been agreed upon in advance, the client will be charged on a time basis for proofreading, subsequent text design, use of graphs and illustrations, text assembly, etc.
Unless agreed otherwise, the translation fee will be based on the number of lines translated. As a rule this will be the line count of the source text.
Delivery times are specified to the best of our knowledge. However, they are always only approximate deadlines. Delivery is deemed to have been made when the translation has been verifiably (sent log) sent to the client.
Translations will be electronically transmitted, faxed, or sent by postal mail at the client's risk. We cannot be held liable for faulty or detrimental transfer of the texts or their loss, nor for damage or loss of the texts if they are not transmitted electronically.
GAT guarantees that the client may use the translation at any time, anywhere, and any number of times for the purpose stated when ordering. The client may also modify the translation and transfer any translation rights to a third party by way of license or other means.
GAT will protect the client from any claim on the part of the translator. The copyright and the user rights will be transferred to the client only after the invoice has been settled in full. The client guarantees and confirms that the translation of the source material as well as the publication, marketing, sale, and any other use of the translation does not constitute any breach of patent rights, copyrights, brand name rights, or any other third party rights and that he/she has the unlimited right to have the text translated. The client shall protect GAT from any claim made by any third party in this respect.
7. Disruption, Force Majeure, Shutdown or Interruption of Business Operations, Network and Server Failures, Viruses
All liability and warranty claims as well as claims for damages are limited to the value of the order.
In the event that GAT, after accepting the order, is unable to fulfill the order within the agreed time for valid reasons (e.g., illness of the translator or technical web or network problems), GAT will inform the client of this fact immediately.
GAT cannot be held liable for damages resulting from disruptions of its operations, including but not limited to force majeure, e.g., acts of God and disruption of communications or traffic, network and server failures, strike, power outage, other potential line or transmission disruptions, or other obstacles that are beyond its control. In such exceptional circumstances, GAT is entitled to withdraw from the agreement in whole or in part. The same applies to temporary closure or curtailment of business operations in whole or in part for good cause, including but not limited to our online services. If delivery of the translation is impossible for any of the aforementioned reasons, the agreed delivery deadline shall be considered suspended. Only when this situation has ceased to exist will the agreed period of time continue to be counted.
Likewise, we cannot be held liable for damages caused by viruses. To avoid the risk of virus infections, we use anti-virus software with virus definitions that are regularly updated and recommend that our clients do likewise. If files are delivered via e-mail, FTP, modem, or any other data link, the client is responsible for a final check of the transferred files and texts. Claims for compensation for damages resulting from events as specified above are excluded. GAT cannot be held liable if, on placing the order, the client has been informed that it is not possible to deliver the normal standard of translation within the time put at the disposal of the translator.
8. Liability and Complaints
GAT guarantees that its translations do not contain any mistakes, minor errors excluded. GAT also guarantees that each translation is carried out in full, without abridgements or additions. GAT reserves the right to add comments, footnotes etc., where necessary, to make the text more readily understandable in the target language.
Upon completion, each translation will be checked by GAT for completeness, format, and for immediately recognizable errors before it is delivered to the client. Delivery is deemed to have been made when GAT has verifiably (as per e-mail/FTP time stamp) sent the translation to the client. If the client does not raise any objections within 14 days – starting on the day following the delivery date (see above) – the translation shall be deemed approved and accepted. In this event the client waives the right to any claims he/she would have had on the grounds of translation deficiencies.
If the client raises an objection within the given 14 days on the grounds that a significant error does objectively exist, this error must be described in writing as precisely as possible. At the same time the client must state a deadline for GAT to revise the translation. Insofar as GAT considers the deadline reasonable, the translation will be revised within that time span. Otherwise this will be done within a reasonable time period. If this correction is initially inadequate, GAT reserves the right to revise the translation a second time – again on the basis of a detailed description of the deficiencies by the client. If the second revision remains verifiably unsuccessful, the client is entitled to a price reduction or to an order cancellation. If the client chooses the latter, all rights to the translation will remain the property of GAT. Further claims, including compensatory damages for failure to perform or nonfeasance, are excluded. Liability is limited to the maximum value of the corresponding work order. GAT is liable solely in the event of gross negligence or intent; liability for minor negligence is applicable only when significant contractual obligations have been breached. GAT expressly excludes any right of recourse in the event of damage claims by third parties. We cannot be held liable for translation errors resulting from faulty, incomplete, or late information or files provided by the client, or by faulty or illegible (in whole or in part) source texts.
If the client does not state the intended use of the translation, especially if it is intended for publication or advertising, the client is not entitled to claim compensation for damages that resulted because the text was inappropriate for the intended use and/or because the publication or advertising had to be redone due to inappropriate adaptation, or if it resulted in a loss of image or reputation for the client. If the client does not indicate that a translation is to be published and if no galley proof is sent for review prior to going to print and if the text is printed without our approval, the client will be held responsible for any shortcomings or errors.
If a claim is made against GAT due to copyright infringement or third party claims, the client shall indemnify and hold us harmless to the fullest extent from liability for such claims. We cannot be held responsible or liable for materials provided by the client, work order components, quality assurance, delivery instructions, processing guidelines, etc. unless a written agreement to the contrary has been reached with the client. We are not responsible for inspecting or reviewing the aforementioned in accordance with the Product Liability Act and/or the German Civil Code (BGB) as to compliance with statutory standards and/or norms. In such cases, the client is unconditionally liable and shall indemnify and hold us harmless to the fullest extent from any and all claims by third parties from the time such claims are made.
The assignment of rights under an agreement by the client requires our prior consent in writing.
10. Terms of Payment
GAT will invoice the fee for its service to the client immediately after the translation is completed. The invoice will generally be sent to the client by e-mail or postal mail. Unless otherwise agreed, payment is due immediately, net, and without any deductions, by bank transfer. If a client cancels an order without any legal or contractual right to do so, the parts of the order which have already been translated will be placed at his/her disposal and charged. GAT reserves the right to subsequent claims for compensation. If payment has not been received on the due date, the client shall be deemed in default of payment with no further notice required. In the event of payment default GAT is entitled to charge interest on arrears at the rate determined by law (according to § 288, para 1, p. 1 of the German Civil Code (BGB)).
11. Retention of Ownership
The client acknowledges and agrees that ownership of the delivered translation and the copyright thereto are held by GAT until all receivables have been fully paid. Prior to full payment the client has no right to use or exploit the translation. In the event that the translation has been prepared for a third party, we retain the right to notify this third party of our unpaid receivables and of the resulting illegality of the use or exploitation of said translation and to request payment of receivables and associated costs from this third party.
All translation orders are treated as confidential, and we undertake to hold all information acquired while working for a client in the strictest confidence. Due to electronic transfer of texts or data and other forms of electronic communication between the client, ourselves, and our subcontractors, we cannot guarantee absolute confidentiality with regard to any information or business and trade secrets or other confidential data and information, as the risk cannot be excluded that unauthorized third parties can access the transmitted texts electronically.
13. Governing Law and Jurisdiction
The contractual relationship and any other business relations between GAT and the client shall be governed by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to these Terms and Conditions.
Insofar as it is legally admissible, the sole place of jurisdiction for any and all disputes for both parties shall be Mannheim, Germany.
In the event any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefor.
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