General Terms and Conditions
For the purposes of the present GTC the following terms shall have the meaning now defined:
“Vendor” or “we”– shall mean “The T Works Translations Ltd.”
“Customer” – shall mean the natural person or legal entity which hands over orders to The T Works Translations Ltd.
1.1. These terms and conditions apply for translation orders and for other services orders mutatis mutandis, unless otherwise expressly agreed or mandatory statutory regulations apply.
1.2. The general business terms and conditions of the Customer are only binding for us if we have expressly recognised them.
2. Order placement
2.1. On the basis of the information and data provided by the Customer, the Vendor creates a non-binding offer for the completion of a translation.
2.2. Prices and delivery dates may be revoked at any time if the Vendor has not been able to view the text to be fully translated or edited before the creation of the offer.
2.3. With the acceptance of the quotation the Customer and the Vendor assume responsibilities, stipulated in the quotation and the present GTC conditions. An order is only created if the Customer confirms the offer in electronic form or another written form and if the corresponding written confirmation of order has been sent by the Vendor to the Customer.
2.4. In case of order cancellation after its written confirmation, the Customer undertakes to remunerate services actually rendered under the confirmed scope of works.
3. Scope of the translation order
3.1. The translation is performed carefully on the principles of good professional practice. The Customer shall receive the agreed copy of the translation. Translations are completed in accordance with the generally accepted rules of the target language with regard to spelling, grammar and language use. We translate technical terms and specific vocabulary with the common and normal meaning. If the Customer has a specific wish regarding terminology or form for the translation which deviates from the generally recognised rules, it shall notify us of this and provide appropriate instructions (sample texts, parallel texts, glossaries and the like). The use of specific terminology of the Customer is expressly agreed at the time of order placement. The Customer shall grant a specialist consultation at our request.
4. Cooperation and information obligation of the Customer
4.1. The Customer must inform us in good time of the desired execution forms of the translation (e.g. purpose of use, delivery on data carriers, number of copies, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the Customer grants the Vendor a proof-sheet in good time before the printing, so that any errors can be corrected. Names and numbers are to be checked by the Customer. These services are billed according to expenditure of time. The same applies to the acquisition of graphics and images and text montages, production of print templates or HTML documents, etc.
4.2. The Customer provides the information and documentation necessary for the production of the translation upon the order placement is available (terminology of the Customer, illustrations, drawings, tables, abbreviations, internal terms etc.).
4.3. Errors and delays resulting from the lack of or delayed delivery of information material and instructions are not borne by the Vendor.
4.4. The Customer accepts liability for the rights to a text and ensures that a translation may be produced. The Customer exempts us from the corresponding claims of third parties.
5. Rights of the Customer in the event of defects
5.1. We reserve the right to remedy defects. Initially, the Customer only has the right to remedy of any defects that the translation may contain.
5.2. The Customer shall be liable for any defects in the original text.
5.3. The right to remedy of defects must be asserted by the Customer with the precise indication of the defect.
5.4. If we do not eliminate the asserted defect within a reasonable period of time, reject the rectification of defects, or if the elimination of defects has to be regarded as unsuccessful, the Customer may, after consultation with us, have the defects removed by another translator at our expense or, alternatively, demand a reduction of the remuneration. The defect is deemed to have failed if the translation is still flawed after multiple attempts.
5.5. If a written complaint is not made within 10 days at the latest, the translation is deemed to have been provided and accepted.
6.1. We are liable in the event of gross negligence or intent. Damage caused by computer failures and transmission faults in email traffic or which has been caused by viruses are not to be classified as serious negligence. We take precautions against this by using anti-virus software. Liability for slight negligence applies only in the case of the violation of the main obligations.
6.2. The claim of the Customer against us regarding compensation of damage shall be expressly agreed before order confirmation. Otherwise, the Vendor shall not be held liable whatsoever.
6.3. Claims of the Customer against the Vendor due to defects in the translation shall lapse unless malice is present, one year after the acceptance of the translation.
7. Professional secrecy
7.1. We undertake to maintain secrecy concerning all facts that become known to us in connection with an activity for the Customer.
8. The participation of third parties
8.1. We are entitled to engage employees or specialist third parties for the execution of the order.
8.2. In the event that specialist third parties are engaged, we must ensure that such third parties commit to maintaining confidentiality in accordance with Paragraph 7.
9.1. Remuneration is usually according to word-based billing and under consideration of the language combination, the difficulty and the specialist translation area.
9.2. Other services are usually charged according to time commitment, unless otherwise expressly agreed.
9.3. The compensation data in the offer are exclusively in euros, provided no other currency has expressly been agreed.
9.4. Our invoices are due and payable without deduction within 14 days of the date of invoice.
9.5. All prices are net prices plus statutory sales tax.
9.6. In addition to the agreed fee, we are entitled to the reimbursement of costs actually incurred and agreed with the Customer. In all cases, VAT is calculated additionally to the extent necessary by law. In the case of extensive translations, we may request a reasonable advance. We may agree with the Customer in advance that the transfer of our work is dependent on the prior payment of the full fee.
9.7. In addition, special, additionally agreed services require a premium or are charged according to expense incurred. Certification, adaptation of foreign language advertising texts, web and software localisation, text capture, record and printing work, formatting and conversion work, exclusive revision, proofreading, express deliveries, creation and expansion of a terminology list or a glossary are invoiced separately on the basis of time spent or as agreed.
10. Reservation of title and copyright
10.1. The translation remains our property until full payment has been made. Until then, the Customer has no right of use.
10.2. The Customer guarantees and confirms that the translation of the source material as well as the publication, distribution, sale and any other use of the translation to be delivered results in no infringement of patent rights, copyrights, trademark rights or other rights of third parties and that the Customer is fully entitled to have the text translated. The Customer exempts us from all claims in this regard.
11. Applicable law
11.1 The laws of Republic of Ireland govern these terms and conditions. By accepting our quotations the Customer agrees to these terms and conditions and to the exclusive jurisdiction of the Irish courts in all disputes arising out of such access.
12. Severability clause
12.1. The effectiveness of these order conditions shall not be affected by the invalidity or ineffectiveness of individual provisions. The invalid provision must be replaced by one which resembles the commercial result or the original purpose sought as closely as possible.
13. Changes and additions
13.1. Changes and supplements to these General Terms and Conditions are only valid if they have been agreed in writing. This applies equally to any change of the written form requirement.