1 :: Scope
These General Terms & Conditions (Terms) shall apply to purchases of services to be rendered by dsTranslations (Translator) to the buyer (Client). Whenever a Client communicates a purchase order to the Translator, these Terms shall be deemed as read, understood and accepted by the Client. Any provision which is at variance with these Terms shall be subject to the Translator’s written consent. The written form shall be deemed as observed in communications conducted by electronic means (email).
2 :: Purchase of Services
The purchase of services constitutes an acknowledgment of these Terms – the Client initiates a purchase by signing and returning a quote which has been submitted by the Translator, or by unambiguously placing an order in any verbal or written form (telephone, fax, email, in person). The Translator shall not quote prior to being supplied with the entire source text. The turnaround estimate stated on a quote shall be valid for 2 hours after the Translator has submitted said quote per email – an order which the Client has confirmed later than 2 hours after having received a quote may be subject to a turnaround reassessment on the part of the Translator to account for any changes in workload. The Translator shall accept an order by dispatching a written confirmation in the form of an electronic document. No delivery deadline other than stated herein shall be valid and binding.
3 :: Client’s Duties
The technical and linguistic accuracy of the source text shall remain solely within the Client’s remit. If the Client chooses not to specify the purpose and the desired format of the translation, a translation shall be produced to the best of the Translator’s knowledge and delivered in the form of an email attachment in MS Word format. If the Client (a) fails to inform the Translator that the translation of a particular content is intended for print, and (b) fails to submit a proof sufficiently in advance of press time, the Translator shall be exempt from any liability whatsoever for damage resulting from such failure on the part of the Client.
4 :: Outsourcing to Subcontractors
The Translator reserves the right to pass on work to equally qualified third parties bound by nondisclosure obligations no less restrictive than those set forth herein. The Translator shall not be subject to any obligation to inform the Client of his choice to outsource a project.
5 :: Copyright
The act of submitting content for translation shall imply that the Client holds the copyright to said content. The Translator shall be exempt from any liability whatsoever for copyright infringements related to source texts submitted by the Client. Until the payment of an invoice total has been fully settled, the respective translation and the copyright to said translation shall remain the Translator’s property.
6 :: Liability
The Client shall notify the Translator of any defects in the translation within a period of 15 days upon delivery, in written form, including a detailed statement of reasons. The Translator’s liability is limited to defects resulting from gross negligence or premeditation. All claims are limited to the value of the order. The Translator assumes no liability whatsoever for damage caused by force majeure, hold-ups, network or server errors, data transmission failures, etc.
7 :: Confidentiality
The Translator undertakes to keep all documents submitted for translation strictly confidential and to refrain from disclosing Client data and the content of said documents to any third party.
8 :: Terms of Payment
The Translator reserves the right to demand a deposit of up to 50% for order values which exceed the equivalent of EUR 1,200. The Client will be invoiced per email. The invoice matures within the period stated – generally, payment is due in full within 21 days upon delivery. In the event of a payment default, the Translator reserves the right to charge interest on arrears at a rate of 9.2% pa above the current base rate published by the Austrian Central Bank, as well as the statutory late-payment fee of EUR 40.
9 :: Jurisdiction
These Terms & Conditions shall be governed and construed in accordance with Austrian law. The place of jurisdiction shall be Vienna.
version: December 2016