General Terms and Conditions
24translate Deutschland GmbH & Co. KG (24translate), Version of May 2017
§1 Applicability of these General Terms and Conditions
- 24translate provides its services solely on the basis of these General Terms and Conditions of Business (GTCs). Diverging, conflicting or supplementary General Terms and Conditions of the client shall not become a part of the contract, unless their applicability has been expressly agreed to in writing.
- In respect of entrepreneurs in terms of Section 14 of the German Civil Code (BGB), corporate bodies under public law or special funds under public law (for the purposes of these Terms and Conditions jointly referred to as “enterprises”) these GTC do not only apply to the contractual relationship in which they have been included but also to all future business relations, unless we refer to a different set of Terms and Conditions
- The translation services offered by 24translate are not provided by 24translate itself but by other companies belonging to the 24translate Holding GmbH Group, especially by 24translate Direct GmbH & Co KG. These in turn provide the translation services through self-employed, vetted specialist translators who are commissioned by the respective company. The client’s contractual relationship is solely with 24translate.
§2 Formation of contract, delivery times
- We only offer our services to companies in accordance with Section 14 BGB. At our request, proof of the commercial business nature of the client must be provided.
- The offers on our website do not constitute a legally binding offer but are a non-binding offer of products. By placing an order you make an offer to us to conclude a corresponding contract with you. You are bound to your offer for two Hamburg working days. Within this time period we may declare acceptance of your offer, which usually takes place by way of an order confirmation in text form. The email automatically sent by us which acknowledges receipt of your order is not a declaration of acceptance for the purposes of conclusion of a contract
- Our service provision is subject to correct and punctual supply to ourselves. Should the ordered service be unavailable for reasons which we were unable to predict upon contract conclusion and in the event that our supplier fails to deliver, without fault on our part, we are entitled to withdraw from the contract. We will in this case immediately inform you that delivery is impossible and refund any payment already rendered without undue delay. In respect of consumers in terms of Section 13 BGB this right only applies if we have concluded a specific covering transaction and our supplier unexpectedly fails to deliver, without fault on our part.
- We deliver, at our choice, in exchange for payment by invoice or advance payment.
- Delivery times are only binding if previously confirmed by us in writing.
§3 Manner of service provision
- 24translate undertakes to provide an appropriate and professional translation of the text supplied by the client into the language specified by the client. Translations are provided in accordance with the average quality standards generally prevailing in the translation industry, unless a different level of quality has been agreed in individual cases.
- Any specialist client-specific terminology used in the client’s business will be taken into account only if an agreement has been made to this effect and if complete and adequate documentation – such as prior translations or word lists – are provided when the order is placed. Otherwise, technical terms will be translated in keeping with common practices and the quality standards laid out in Section 1.
- Only texts will be translated. Source texts may be rejected if they contain images (e.g. comics)
- We are under no obligation to perform a translation assignment if it is not reasonable to expect us to carry out the translation, e.g. in the case of illegal content or content which is immoral or contrary to public policy, or if the master copies provided for translation are unsuitable. We will in this case inform the client without undue delay and will not be entitled to any remuneration.
§ 4 Cancellation by the client
- The client may cancel the order at any time prior to the completion of the translation.
- If the client cancels an order which had already been placed we are entitled to be remunerated according to the degree of order completion. However, as a minimum we are entitled to 50% of the order value. The client reserves the right to prove that the damages incurred by us should be less than this.
§ 5 Rights
Insofar as the translator is entitled to copyrights to the respective translation, 24translate warrants that the client will receive usage and exploitation rights to the same that are unlimited in terms of territory, content and time. This includes the right to modify and transfer the translation to third parties. These rights are conferred to the client upon payment of our invoice for the respective invoice.
- The client is entitled to the statutory warranty claims subject to the following modifications. The limitation period for warranty claims is one year. The choice of subsequent performance is ours, subject to the limitations imposed by statute.
- In the following cases, the statutory periods of limitation apply instead of the one-year period: a) in case of liability for intent, b) in case of malicious concealment of an error, c) to claims for damages from personal injury or death due to a negligent breach of duty, d) to claims for other damages caused by a grossly negligent breach of duty.
- Our liability is determined by the statutory provisions unless agreed otherwise hereunder.
- In the case of ordinarily negligent breach of essential contractual obligations our liability will be limited in terms of amount to foreseeable damage typical of the type of contract. Essential contractual obligations are obligations the fulfilment of which is indispensable for the due execution of the contract and in the compliance with which the client may regularly trust. Liability for contract-typical damage is limited to ten times the respective order volume.
- The period of limitation for claims pursuant to paragraph 2 is one year
- Paragraphs 2 and 3 do not apply to claims from personal injury or death, in case of malicious intent, in case of provision of a guarantee, and to claims pursuant to the German Product Liability Act.
- We undertake to maintain the confidentiality of the client’s business secrets, to which we gain access through the translation process. Business secrets in this context are constituted only by information which is expressly designated as a business secret by way of a customary annotation (e.g. “secret” or “confidential”).
- Business secrets are not subject to confidentiality if they (i) were publically known at the time of disclosure or become publically known thereafter without fault on our part, (ii) were already lawfully known to us at the time of disclosure without the applicability of any confidentiality obligation, (iii) are lawfully made known to us by third parties after the time of disclosure without the applicability of any confidentiality obligation, provided the third party is, for its part, not under obligation to observe confidentiality with regard to the client, or (iv) must be disclosed due to mandatory statutory, official or court regulations or orders.
- We undertake to maintain the confidentiality of the client’s business secrets and not to allow any third parties to gain knowledge of the same. Companies engaged by us to perform translation services and the translators commissioned by the same do not constitute third parties in this regard, provided they are on their part obliged to observe confidentiality.
The contract partners consent to the storage and processing of their personal data for the purpose of the performance of the contract pursuant to Art. 6 (1) lit. b) GDPR. For the purposes of submitting additional offers, we use the opportunity to regularly send you new offers. This mailing take place based on our legitimate interest in direct marketing pursuant to Art. 6 (1) lit. f) GDPR. If you do not wish to receive any offers, you have a right of objection as defined in 12.3.
- The contract partners are entitled to obtain information on their stored data (Datenschutz@24translate.de) free of charge, upon request.
- The contract partners are entitled to rectify, erase or block incorrect data. The request may be informal, even verbal if necessary. However, in the event of verbal requests after verification over the phone, doubt as to the identity would generally exists, apart from in the case of a personal visit.
- One of the following grounds must apply for the right to erasure:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
- The data subject withdraws consent on which the processing is based (and there is no other legal ground for the processing).
- The data subject objects to the processing (and there are no overriding legitimate grounds for the processing).
- The personal data have been unlawfully processed.
- The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
- The personal data have been collected from a minor in connection with the offer of information society services.
- The erasure of data is replaced by blocking, if legal or factual obstacles (such as special retention obligations based on commercial and fiscal requirements) exist.
- One of the following grounds must apply for the right to restriction:
- The accuracy of the personal data is contested by the data subject for a period enabling the controller to verify the accuracy of the personal data.
- The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
- The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
- The data subject has objected to processing pending verification as to whether the legitimate grounds of the controller override those of the data subject.
- The controller erases the data subject's data
- The controller corrects the data subject's data. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed.
- The controller only archives the data subject's data but does not perform any other processing steps.
- One of the following grounds must apply for the right to erasure:
- If your personal data are processed based on legitimate interests pursuant to Art. 6 (1) s. 1, lit. f GDPR, you have the right to lodge an objection against the processing of your personal data pursuant to Art. 21 GDPR, if grounds exist due to your specific situation or the objection involves direct marketing. In the latter case, you have a general right of objection that is implemented without referring to a specific situation. An email to Datenschutz@24translate.de is sufficient in order to exercise your right of revocation or objection.
- Further information on privacy, as well as the disclosure obligations, is available at www.24translate.de/en/privacy/.
§ 10 Miscellaneous provisions
- If any provision of these Terms and Conditions is or becomes entirely or partially invalid, ineffective, or unenforceable, or if a necessary provision is not included, the validity and enforceability of the remaining provisions of this agreement will not be affected.
- The agreement is governed solely by the law of the Federal Republic of Germany, to the exclusion of UN commercial law. International private law does not apply unless mandatory
- 24translate's domicile is the place of jurisdiction for all disputes arising from this contract. 24translate is, however, also entitled to bring action at the client's domicile.