1. Services provided
1.1 The following terms and conditions apply to the services provided unless otherwise agreed in writing.
1.2 The client agrees to inform the translation agency what purpose he will use the translation for, e.g. whether it serves
1.2.1 only as information,
1.2.2 for publication and advertising purposes,
1.2.3 for legal purposes of patent procedures,
1.2.4 or any other purpose that requires a specific translation of the texts by the translator in charge.
1.3 The client has permission to use the translation for the indicated purpose only. If the client uses the translation for any other purpose than the one the translation was ordered and delivered for, he loses all rights to damages against Interlingua, hereinafter referred to as the service provider.
1.4 If the purpose of the translation is not communicated to the service provider, the service provider has to deliver the translation to the best of its knowledge for the purpose of information (section 1.2.1).
1.5 Unless otherwise agreed, translations are to be delivered by the service provider in an electronic format.
1.6 Unless otherwise agreed, the regulations of section 6.3 of DIN 2345 (“Translation jobs”) apply with regard to the layout.
1.7 If the client desires the use of a specific terminology, he has to inform the service provider to this effect and at the same time provide him with the necessary documents. This procedure also applies to the use of specific forms of languages.
1.8 The client is exclusively responsible for the technical and terminological correctness of the source text.
1.9 The service provider is entitled to subcontract equally qualified third parties. In this case, however, it still remains the exclusive service provider.
1.10 The service provider’s identity may only be disclosed in the published translation if it has translated the entire text and if no alterations were made without the service provider’s consent.
1.11 The service provided does not include an examination of whether the terminology chosen within the framework of the translation is suitable to effect the legal consequences desired by the client or to exclude any undesirable legal consequences. Such a task can be executed only by a legal advisor knowledgeable of the legal jurisdiction that the translated text is subject to. We recommend contacting foreign trade offices for selecting the relevant legal advisor on location.
2.1 The fees (prices) for translations are determined in accordance with the rates (price lists) of the service provider for the respective kind of translation. Translations are charged by line or word count of the translated text, with the exception of official documents, which are charged by page. 1 line = 45 characters (without spaces), 1 page = approx. 30 machine-written lines (DIN A4). The minimum fee is for two pages.
2.2 Services that exceed normal text processing are charged as mutually agreed upon (e.g. the source text is submitted in special formats; the client requires a special kind of layout that requires specific software).
2.3 If the execution of the agreed service is not completed due to reasons falling under the responsibility of the client,
for example if the client does not provide the text or does not meet other cooperative obligations, then the client is obligated to pay 50% of the contract fee that applies to the service or partial service that was not rendered. This specifically excludes the provision for offsetting expenses pursuant to § 1168 of the Austrian Civil Code (ABGB).
2.4 Estimates are only binding if they are made in writing.
2.4.1 In any other form, estimates are non-binding cost objectives.
2.4.2 Best practices are applied in drafting the estimate, but we cannot guarantee its accuracy. If, once awarded the contract, the service provider anticipates that the estimate will be exceeded by more than 15%, it will immediately inform the client to this effect. If the estimate is exceeded by up to 15% and cannot be avoided, these additional costs can be charged without having to reach a separate agreement with the client >2.6 Unless otherwise agreed, changes or amendments to the original order can be charged accordingly.
2.5 If the service provider has not seen the source text, any quoted estimates are non-binding cost objectives. The client is obliged to pay the actual costs of the translation pursuant to section 2.1, even without the information specified in section 2.4.2, unless a new estimate has been submitted by the service provider.
2.6 Unless otherwise agreed, changes or amendments to the original order can be charged accordingly.
2.7 The service provider is entitles to pass on increases in wages and salaries as stipulated by collective agreements without prior agreement.
2.8 All amounts due to the service provider are subject to escalation/increase. The Consumer Price Index, which is published monthly by the Austrian Statistical Office (Statistics Austria), or an index in lieu of the Consumer Price Index, serves as the basis for the calculation of the escalation.
The index calculated for the month that the contract was signed in represents the reference value. Fluctuations below 2.5% on either side of the reference value remain without consequences. A new corridor is set as soon as the fluctuations exceed 2.5% on either side, with the first index value that falls outside the old corridor forming the basis of both the setting of the new corridor as well as the calculation of the adjusted amount payable to the service provider. The resulting amounts are rounded to the nearest decimal place.
2.9 For proofreading translations submitted by third-party providers, the full fee applying to original translations may be charged.
2.10 Additional fees may be charged for express and weekend jobs.
3.1 Delivery appointments and/or deadlines for the services to be provided by the service provider are only binding upon written agreement and timely fulfilment of the client’s cooperative obligations, in particular the punctual provision of translation documents; the client can withdraw from this agreement after setting an explicit and reasonable grace period of at least 14 days.
3.2 The agreement of a delivery appointment or a delivery deadline is only to be understood as a fixed-date transaction if this is described explicitly in writing as “fixed-date”.
3.3 Delivery appointments and/or deadlines are extended, even for fixed-date transactions, by the extent to which the client finds itself in arrears with regard to its cooperative obligations.
3.4 If the delivery is not possible on the agreed delivery date or within the delivery deadline specified in 3.1 due to a malfunction of the service provider’s computer, then the client shall be informed immediately and notified of the next possible due date. Delays due to computer malfunctions only result in withdrawal after the setting of the grace period under 3.1, even if the alternate date cannot be kept
3.5 Unless otherwise agreed, the documents supplied to the service provider by the client remain with the service provider upon fulfilment of the translation contract. The service provider has no obligation as far as storage or handling of the documents is concerned. However, the service provider has to make sure that the documents cannot be used in any way that would infringe contractual obligations
4. Force majeure
4.1 In the case of force majeure the service provider has to inform the client immediately. Force majeure entitles both the service provider and the client to cancel the contract. In this case, however, the client has to compensate the service provider for any expenses incurred and services already provided.
4.2 Force majeure includes in particular: accident; labour conflicts; acts of war; civil wars; the occurrence of unforeseeable obstacles which decisively impair the service provider’s ability to fulfil the contract as agreed.
5. Liability for defects (Warranty)
5.1 All formal complaints regarding the quality of the translation must be lodged within four weeks of delivery (date of postmark) of the translation. The complaints must be adequately explained and proved by the client in writing.
5.2 The client has to give the service provider a reasonable period of time as well as the opportunity to remedy the defects. If the client refuses to do so, the service provider is no longer liable for defects. If the service provider remedies the defects within the additional period of time, the client has no right to a reduction of price.
5.3 If the reasonable additional period of time passes without the service provider’s remedying the defect, the client has the right to cancel the contract or to demand a reduction of price. Minor defects do not justify the right to cancellation or to a reduction of price.
5.4 Warranty claims do not entitle the client to withhold or offset agreed payments.
5.5 In the case of translations that are used for printed materials, the client is entitled to warranty only if he explicitly informs the service provider in his order about his intention to publish the text, and if he supplies the service provider with auto correction up to the final version of the text. In this case the service provider shall receive adequate compensation for the correction work or an adequate hourly fee to be invoiced by the service provider.
5.6 There is no liability for defects in the translation of poorly legible, illegible or incomprehensible source texts. The same applies to the proofreading of translations as described in sections 2.9 and 5.5.
5.7 Alterations of style or corrections of particular terminology (especially trade- or company-specific terminology) will not be considered evidence of defects in the provided translation.
5.8 There is no liability for defects for abbreviations specific to a particular order, unless indicated or explained by the client when the order was given.
5.9 The service provider accepts no liability for the transliteration of names and addresses that are not in the Latin alphabet in the source texts. In these cases, the client is encouraged to provide the suggested transliteration of names and other foreign-language words on a separate page in block capitals. This also applies to illegible names and figures in birth certificates and other documents.
5.10 Figures are reproduced as submitted in the source text. The service provider cannot be held liable for the conversion of figures, measures, currencies, and the like.
5.11 The service provider is liable as the custodian of manuscripts, source texts, and the like submitted by the client, pursuant to the Civil Code, for a period of four weeks upon completion of the order, unless said documents have been re-transferred to the client at delivery. The service provider is not obliged to take out insurance. As for re-transfer of the documents, section 3.5 applies accordingly. The service provider shall not be held liable for the provision of translators and interpreters, except in cases of damages caused by intent or gross negligence in their selection, pursuant to § 1315 of the Austrian Civil Code (ABGB).
5.12 The service provider cannot be held liable for proofreading services as stated in section 2.9 if the source text has not been provided.
5.13 The service provider cannot be held liable for defects or impairments caused by the transfer of translations via electronic data transmission (e.g. email, modem), such as the transmission of a virus or the violation of confidentiality agreements, except in the case of gross negligence on the part of the service provider.
6. Compensation in damages
6.1 All claims for damages vis-à-vis the service provider are limited to the invoice amount (net), unless otherwise imperatively stipulated by law. This limitation does not apply in cases where the damage was caused with gross negligence or with intent. The service provider cannot be held liable for loss of prospective profits or consequential losses.
6.2 If the service provider has taken out consequential loss insurance for third parties, claims for damages are limited to the amount that the insurance company compensates in the specific case.
7. Terms of payment
7.1 Unless otherwise agreed, payment must in cash immediately after receipt of delivery. The service provider is entitled to charge a reasonable down payment. The service provider may demand advance payment in full if the client is a private person or located abroad. If delivery has been agreed to take place on the service provider’s premises and the client fails to collect the translation in time, the contract amount falls due on the day the translation is ready for collection by the client.
7.2 In the case of default of payment, the service provider has the right to retain any assignment-related documents submitted (e.g. manuscripts to be translated). An interest rate on arrears of 12% per annum applies.
7.3 If the client fails to comply with the terms of payment as agreed, the service provider may suspend any assignments in hand until the client meets his payment commitments. This also applies to such jobs where a fixed date of delivery has been agreed on (see section 3.1). If the amount outstanding is substantially below the value of the documents submitted by the client, the service provider is only entitled to retain such parts of the documents as correspond in value to the amount outstanding. The client cannot derive any legal claims through suspension of work, nor are the service provider’s rights prejudiced in any way.
The service provider is obliged to observe secrecy. The service provider has to ensure that any subcontractees observe confidentiality. If the subcontractees fail to comply with this duty, the service provider cannot be held liable except in cases of gross negligence with regard to the selection of the subcontractee(s).
The client is obliged for a period of 12 months after termination of an order not to engage in any business relationship with external subcontractees engaged by the service provider.
10. Complete indemnification through the client
The client declares that he has permission to translate and edit the text. The client completely indemnifies the service provider against all claims of third parties resulting from the lack of rights to the ordered translation.
11. Choice of law, place of jurisdiction
The service provider’s registered office is the place of performance for all contractual/legal relationships subject to these standard terms and conditions. In the case of disputes concerning the existence of said legal relationship, or lack thereof, as well as for cases of disputes arising from said contractual relationship, the service provider has the right of choice whether to start legal proceedings at its own or at the client’s place of jurisdiction. Legal proceedings against the service provider may only be started at the service provider’s general place of jurisdiction. Austrian law shall apply.
12. Escape Clause
Even in those cases where a certain point is legally invalid, the rest of the contract remains binding.
13. Other (electronic mail)
Every explanation, all information, and any confirmation of receipt sent by the service provider to the client via e-mail shall be considered delivered if the e-mail is sent to the client’s last known e-mail address at the time of delivery, insofar as the service provider is not a consumer in the sense of § 12 of the Austrian Electronic Commerce Act (ECG).
Last revised 2016