- These terms and conditions of the order are valid for agreements and contracts between AF-International and its customers, in the case of failure to achieve express consent or other kind of consent or in the case it is not mandatory prescribed by law.
- General terms and conditions of the customer shall be mandatory for the translator only if the latter has clearly accepted them in writing. Verbal agreements shall be considered invalid. Changes in these general terms and conditions, including in writing, shall be made in written form.
All translations shall be performed carefully in accordance with the basic provisions of generally accepted professional translation standards. The customer shall receive a copy of the translation agreed upon in the agreement/contract.
3. Customer’s responsibility in terms of cooperation and provision of explanations
- The Customer shall promptly notify AF-International regarding special kinds of translation (its purpose, delivery of translation documents on any kind of media, number of copies, its printing readiness, external form of the translation, etc.). If the translation is intended to be printed, the customer must provide a translator with a proof-sheet.
- The customer must voluntarily and in a timely manner provide a translator with all information regarding the translation and documents necessary to perform it (customer’s terminology, illustrations, drawings, tables, abbreviations, interior concepts, glossaries, reference texts, etc.). Potential use of specific terminology of the customer must be additionally negotiated when placing an order. AF-International reserves the right to ask the customer to provide an original document in case of any uncertainties. However, in this case AF-International has the right to perform translation arbitrarily on the basis of the content as understood by AF-International.
- AF-International shall not be responsible for all errors caused by non-compliance with these obligations by the customer.
4. Placing an order
- The agreement shall be concluded upon request of the customer by placing orders for translation in electronic or other form and imply immediate confirmation of acceptance of the contract by AF-International in electronic or other form.
- In order to ensure that cooperation is as smooth as possible, we accept orders placed by a phone, or other orders placed in any form. However, the customer shall be responsible for any possible problem arising in connection with such an order placement form.
- In order to place an order for translation the customer can choose between several different data formats.
- Any payments of invoices sent by AF-International shall be made within fourteen (14) days from the invoice date without any deductions.
- All prices shall be considered as net excluding value added tax under the law.
- AF-International along with the agreed remuneration shall be entitled to reimbursement of expenses both actually incurred and those agreed with the customer. VAT shall be included in the final price for agreements with private customers and shall be set separately. In all other cases, if it is required by law, VAT shall be calculated separately. When placing an order for translation of a big amount of text data, AF-International may require an advance payment, which is objectively necessary in order to perform the translation. In justified cases, the company reserves the right to make the delivery (transfer) of the translation performed dependent on the previous payment of remuneration in full.
- If the amount of the remuneration has not been agreed, it shall depend on the type and complexity of generally accepted and commensurate remuneration. In this case, at least, rates listed in the Compensation of Witnesses and Experts Act (Gesetz iiber die Entschadigung von Zeugen und Sachverstandigen (ZSEG)) shall be considered as generally accepted and commensurate.
6. Delivery terms
- All dates or terms to be agreed in a mandatory or random manner shall require to be agreed on in written form.
- In the case AF-International requires customer’s assistance in order to perform the translation, the delivery time shall be extended by the time during which the customer failed to fulfill this obligation. For delays caused by changes or amendments in customer requirements and/or issues with third party products (software), delivery terms or deadlines shall be extended accordingly.
7. Cancellation of an order
If the customer cancels the order not having the lawful or contractual grounds for doing so, he shall be charged accordingly and an already performed translation shall be delivered (transferred) to him. Canceled translation volume shall be invoiced in the amount of 15% of the order value. Chose in action under certain conditions of the continuing damage shall persist.
8. Rights of the customer in the case of poor translation
- The customer shall verify the proper execution of the translation within 14 (fourteen) days from the date of its delivery by AF-International. The customer shall accept a properly performed translation during the verification period. The customer shall present errors and omissions in the translation during these 14 (fourteen) days. At the same time, all claims due to poor translation shall be limited to addressing such errors and omissions.
- Claims related to the quality of translation shall not be accepted if the defect in the translation is not essential, that is, does not significantly affect the quality of the agreed translation. The customer shall have no right to demand compensation for losses except when AF-International is liable under a guarantee or due to intentional or rough negligence.
- AF-International shall be liable for rough and intentional negligence. Liability in cases of minor negligence shall occur only in the case of breaches of essential obligations under this agreement.
- The claim from the customer to the translator in regards to the damages according to number 5 (1) proposition 2 shall be limited to 500 Euro; in particular cases, a special agreement on a higher amount in regards to the damages shall be possible.
- Exclusion or limitation of liability in accordance with the number 5 (1) and (2) does not apply to the damage to the consumer due to harm to life, body, or health.
- Liability for damages due to failure or incomplete fulfillment of obligations under this agreement shall be limited to six (6) months from the date of the invoice. This shall not include the losses due to failure or incomplete fulfillment of obligations by the consumer under this agreement.
- AF-International shall not be responsible for damage or loss during delivery/transfer of data. The customer must take all appropriate precautions against data loss. Responsibility for data loss shall be limited to the typical costs for recovery of such data. This indicator shall be calculated in accordance with the damage that would have occurred as part of taking reasonable security measures (for example, making a backup copy). AF-International shall not be liable for any damage caused by viruses.
10. Professional secrecy
AF-International undertakes to respect the confidentiality of all facts which become known to it in connection with its activities for the customer. Confidentiality agreement can be signed upon customer’s request. Any text shall not be subject to disclosure or transfer to third parties. Given the electronic transmission of text and data, as well as any other electronic means of communication between the customer and the AF-International, AF-International cannot guarantee absolute protection of industrial and trade secrets and other confidential data and information, as it is possible that unauthorized third parties obtained unauthorized access to the transmitted text by electronic means. All tools, methods and systems used in the preparation of the translation by AF-International, as well as all translation and technical preparation tools, handling or processing systems of its own design shall remain the property of AF-International. The customer shall have the right to use the aforementioned tools and systems within the framework of the respective project, however, transfer to third parties of such tools and systems shall be prohibited.
11. Involvement of third parties
- AF-International has the right to attract competent employees or third parties for the execution of the order.
- Upon attracting competent third parties, AF-International shall ensure that they undertake not to disclose trade secrets and other similar information in accordance with the number 6.
12. Retention of ownership and copyright
- Translation shall be considered the property of AF-International until it is dully paid for in full. Until such a moment, the customer has no right to use it.
- AF-International reserves copyright for all translations performed.
13. Applicable Law
- German legislation shall be considered an applicable law for the execution of the order and all claims arising in connection therewith.
- Headquarters of the AF-International company shall be considered the place of performance and place of jurisdiction for both parties if permitted by law.
Invalidity or ineffectiveness of individual provisions of this agreement shall not affect the validity of these terms and conditions. Ineffective provision shall be superseded by a valid one which has the highest similarity in accordance with the stated purpose.
15. Changes and amendments
All changes and amendments to these General Terms and Conditions shall be considered valid only if they have been agreed in writing. This shall also apply to changes and amendments to the requirements of written form.