1. General Business Terms
The contractual relationship between C.E.T. Central European Translations GmbH (C.E.T.) and its clients are subject to the following General Business Terms:
C.E.T. operates a translation and interpreting service. The translations are carried out either by qualified staff of C.E.T., or by independent translators who, after a verification of their qualifications, are given access to the texts of C.E.T. clients.
All translation orders are treated with absolute confidentiality. If the client so desires, a separate confidentiality agreement can be drawn up.
It is not possible to guarantee 100% confidentiality in the course of electronic communication between the client, C.E.T. and the translator.
If translation material is transmitted by post or other authorised means, the client bear the risk of any accidental loss, accidental damage or late delivery after the translation has been handed in at the Post Office or the dispatch service provider. C.E.T. may not be held liable for any damage of any nature beyond what is covered by the Post Office or the dispatch service provider.
Insofar as the client does not expressly state otherwise at the time of contract, C.E.T. reserves the right to retain a copy of each translation for a certain period of time.
Our offers are without obligation and non binding. Fees and prices quoted in the price list or in the offer are valid at that moment.
A contract with C.E.T. is considered concluded when the client has transmitted the order by electronic mail, or a signed order by fax and this order has been confirmed, by email/fax, by C.E.T.
C.E.T. translates only texts. Any text with an illegal content or that offends common decency may be refused by C.E.T., even after a contract has been concluded. As a rule, the client submits the text to C.E.T. in electronic form. The client will receive the translation also in electronic form. When placing an order, the client states his wishes with regard to the data format he desires for the translation.
The source material must be legible and must be transmitted to C.E.T. on time and in the format stated. C.E.T. may not be held responsible for any delay in delivery of a translation that results from the late delivery of the source material or delivery in a different format.
Changes or additions to the source material must be transmitted to C.E.T. with the changes relative to the original version clearly marked.
Fees and delivery
The client may change a text already being worked on 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 changes and percentage of the total text already translated. C.E.T. will give an estimate of the additional costs before the changes or additions are carried out.
Unless a fixed fee has been agreed in advance, the charge for corrections, subsequent text design, use of graphs and illustrations, text assembly, the production of printer’s copies or html documents and such like, will be on the basis of the actual time spent on the task.
Unless agreed otherwise, the translation fee is based on the number of words. As a rule this is the word count of the source text. In exceptional cases, it can be the word count of the target text.
The minimum charge for a translation is EUR 50 plus VAT/MwSt.
C.E.T. submits a bill immediately after the translation has been completed. The client will receive the invoice by post. Unless otherwise agreed, payment is due immediately and without any deductions. Depending what has been agreed, payment is by transfer to the bank account of C.E.T., by credit card through the Pay Pal-Service (by clicking on the Pay Pal buttons on the home page of the website of C.E.T. (www.cet-translations.com) or by bank incasso by direct debit (only for clients with a German bank account). Special payment arrangements may be agreed.
Payments from foreign countries must be free of costs. All bank charges are to be paid by the client.
If a client cancels the order without any legal or contractual right, the parts of the order which have already been translated are placed at his disposal and are charged. C.E.T. reserves the right to subsequent claims for compensation.
If a client is late in paying, C.E.T. reserves the right to charge interest on arrears at the rate determined by Law (according to §288 Clause 1, S.1 BGB/German Civil Code).
Each translation is made in accordance with the valid and generally accepted rules of spelling, grammar and language use of the target language.
When translating technical or specialist texts, C.E.T. uses the 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 recognised rules, he must inform C.E.T. and provide the relevant instructions (text examples, parallel texts, glossaries and such like). The use of a certain specific terminology must be expressly agreed in advance and stated when the order is placed. The client agrees to provide consultation at the request of the translator.
Copyright C.E.T. guarantees that the client can use the translation without any restriction in time or geographic area and with no limit of numbers in respect of the purpose stated when ordering. The client may also adapt the translation and transfer any translation rights to a third party by way of license or other means.
C.E.T. protects the client from any claim on the part of the translator. The copyright and the user rights are transferred to the client only after the bill 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 rights of third parties and that he has the unlimited right to have the text translated. The client shall protect C.E.T. from any claim made by any third party in this respect.
C.E.T. guarantees that the translations are without mistakes, minor errors excluded. C.E.T. also guarantees that the translation is carried out in full, without abridgements or additions. C.E.T. reserves the right to, where necessary, add comments, footnotes etc. that facilitate the understanding of the text in the target language.
The translation is checked by C.E.T. for completeness, data format and for immediately recognisable deficiencies. It is then sent to the client.
The time of delivery of the translation is the day of dispatch by C.E.T. i.e. the time stamp of the e-mail/FTP server. If the client does not object within 14 days — starting on the day following the day of dispatch (see above) — the translation is considered to have been accepted. On acceptance, the client waives the right to any claim he might have on the grounds of defects.
If the client objects within the given 14 days on the grounds of an objectively existing defect, that is not a minor defect, this defect must be described in writing as precisely as possible. At the same time the client must state a deadline for C.E.T. to remedy the defect.
As long as C.E.T. considers the deadline reasonable, the defect will be remedied within that time span. Otherwise this will be done within a reasonable time period. If this correction is insufficient the first time, C.E.T. reserves the right to remedy the translation a second time — again on the basis of a detailed description of the defects by the client. If this second remedy fails, the client may choose between a reduction of the agreed fee and the cancellation of the order. If the client chooses the latter, all rights to the translation will be the property of C.E.T.
The client has further rights on the basis of translation defects only when C.E.T., one of its legal representatives, or one of its vicarious agents has acted maliciously or with gross negligence.
All claims to liability and compensation are limited to the order value.
In the case that C.E.T., after accepting the order, is unable to fulfil the order within the agreed time for a good reason (e.g. illness of the translator or difficulties of a technical nature in the net), C.E.T. will inform the client of this fact immediately.
If the delivery of the translation is impossible because of an Act of God or any other unforeseen situation (e.g. interruptions of traffic, strike, power cut, or similar cause), the expiry of the agreed delivery time is considered suspended. Only when this situation has ceased to exist, will the agreed period of time continue to be counted.
C.E.T. is not liable if on giving the order, the client has been informed that it is not possible to delivery the normal standard of translation within the time he has put at the disposal of the translator.
The client has a legal relationship only with C.E.T., never with the translator or interpreter concerned. Any direct contact between the client and the translator may take place only following the prior approval of C.E.T.
Cologne is the exclusive place of jurisdiction for contracts with general merchants, legal persons, public corporations and public common funds.
If any part(s) of these General Business Terms should prove invalid, the remaining terms continue to apply in full. This stipulation does not apply to the legal relationship between C.E.T. and private clients. The contractual relationship between C.E.T. and all clients is subject exclusively to the laws of Germany. The working of the UN-Convention on Contracts for the International Sale of Goods» (CISG) is expressly excluded.
In addition to the contractual conditions, also applicable are stipulations of the Contract to Manufacture (Werkvertrag) according to Par. 631 and further to the German Civil Code (BGB) and the Contract for Personal Services (Geschäftsbesorgungsvertrag) according to Par. 675 German Civil Code.
© 2003 C.E.T. Central European Translations GmbH. All Rights reserved. Unless stated otherwise on our website, the copyrights are those of C.E.T. Central European Translations GmbH.
Exclusion of liability (concerning website http://www.cet-translations.com)
1. Content of the online offer
The author is in no way liable for the current relevance, correctness, completeness or quality of the information given.
Unless it is proven that the author has acted maliciously or with gross negligence, there may be no liability claims against the author relating to damages, of a tangible or intangible nature, caused by the use or non-use of the information offered, or by the use of incorrect or incomplete information.
All offers are without obligation and non binding. The author expressly reserves the right to change, complete or remove part of the web pages or the entire offer without prior notice, or to cease publication for a limited or unlimited period of time.
2. Cross references and links
In the case of direct or indirect cross references to other websites («links») which are outside the area of responsibility of the author, liability exists only insofar as the author has knowledge of the content and it is reasonable and technically possible for him to prevent the use of any illegal contents being displayed.
Therefore, the author hereby expressly states that on the day of the establishment of the links the respective linked pages were free of any illegal content. The author has no influence on the actual and future design or on the content of the link web pages. The author hereby dissociates himself expressly from all contents of those linked web pages which were changed after the link was established. This declaration is valid for all links and cross references within the author’s own Internet offer, as well as for entries by third parties in any guest books, discussion forums and mailing lists established by the author. Liability for illegal, faulty or incomplete contents and, in particular, for damage caused by the use or non-use of such information, lies exclusively with the offerer of the cross referenced website, and in no case with the party who only gives reference to such a publication by means of a link.
3. Copyright and trademarks
In all his publications, the author makes every effort to respect the copyright of all the graphic, audio, video and text material that is used, to use mainly graphic, audio, video and text material created by himself or to use such material that is license-free.
All rights to brands and trademarks appearing on and within the Internet offer that pertain to third persons are without limitation subject to the stipulations of the valid trademark laws and the proprietorship of the registered owner. It may not be concluded on the grounds of the mere appearance of such material that those rights of third parties are not protected!
The copyright for published objects that have been created by the author himself remain with the author of the web pages. The reproduction or use of such graphic, audio, video or text material in other electronic or printed publications is not allowed without the express prior permission of the author.