Terms and Conditions
(1) All business transactions between Total Translations, represented by Nathalie Buratto (hereinafter called “TT”), and the client are governed exclusively by these terms and conditions.
(2) TT shall not recognize any conflicting or differing Terms and Conditions of the client unless TT expressly approves the applicability thereof in writing.
(3) The client agrees to these terms and conditions by placing the order. They shall apply for the entire business relationship, thus also for future orders.
(4) Verbal collateral agreements shall be invalid. Deviations from, amendments or additions to these terms and conditions shall require written confirmation from TT in order to be valid.
§2 Placing of order, duty of disclosure, obligation of client to co-operate
(1) The client places the order via e-mail. In exceptional cases, it is permitted to place the order via mail. TT shall not be liable for delays or defects in quality that are the result of incorrect, incomplete, ambiguous and illegible orders and translation specifications from the customer.
(2) When placing an order, the client must specify the target language, subject matter, subject area, volume and purpose of the translation, special terminological requirements as well as any special requirements as regards format. If the translation is intended for print, the client has to submit a copy for proof-reading purposes to TT before generating the print version.
(3) When placing an order, the client shall provide TT with accompanying information material and documents that are required to complete the order (e.g. company glossaries, illustrations, drawings, tables, lists of abbreviations, etc.). Should the information material provided be insufficient, TT may ask the client for further relevant information material.
(4) TT cannot be held responsible for any errors resulting from non-compliance with these obligations.
§3 Execution of order and delivery
(1) All orders are produced in complete form, in accordance with the grammatical rules as well as in conformity with the meaning of the text and the purpose of use of the text to the best of TT’s knowledge and belief. If the client has not submitted any accompanying information material or special instructions, technical terms are translated in a commonly accepted and generally comprehensible form. A stylistic revision is only part of the translation service if explicitly demanded by the client. The translation is submitted to the client in the agreed form. For ghostwriting services, there is no guarantee for a positive evaluation of the final text by the recipient.
(2) In the case that the meaning of a word with several meanings can only be detected from the context, any translation errors are to the expense of the client if the accompanying information material required for the translation has not been submitted to TT by the client.
(3) TT may call in third parties for the execution of the order.
(4) Periods of delivery are specified to the best of TT’s knowledge and belief and can always only be estimated dates which are not guaranteed. Should TT be unable to comply with an agreed delivery period or delivery deadline for whatever reason, the client shall grant TT an appropriate additional period of time.
(5) In accordance with the client’s demands, the transfer of the completed order is performed either via e-mail, fax or mail. TT is not liable for any defects arising during the transfer. The client is obliged to inform TT about the receipt of the translation by means of a short message.
§4 Payment terms
(1) Unless there are any individual divergent agreements, e.g. calculation of the remuneration on an hourly basis, allowance for additional formatting activities or lump-sum payment, the calculation of the remuneration is based on the number of source words for translations and standard pages for proofreading. One standard page contains 1,800 characters (with space characters).
(2) A surcharge shall be invoiced for urgent jobs.
(3) In case of very large orders, an advance payment may be required.
(4) A minimum fee applies for all orders.
(5) Extra copies of texts as well as material costs for requested special paper, binders, floppy disks, CDs, etc. shall be invoiced to the client in addition.
(6) Should the volume and degree of difficulty of the order exceed the arrangements made in the order placement and/or confirmation, or should deadlines be brought forward, TT shall be entitled to increase the remuneration in accordance with the additional work involved.
(7) Unless there is any individual divergent agreement, remuneration is payable 30 days after receipt of the executed order and payment specification. The offsetting with contested claims is excluded.
§5 Rectification of defects
(1) TT shall be informed about any defect in writing and no later than 14 days after transfer of the completed order. The notified defect shall be specified precisely. The timely dispatch of the notice shall suffice to preserve the client’s rights.
(2) Liability for defects resulting from the violation of the client’s obligation to cooperate or from a defective, incomplete, poorly readable original text or an original text containing inaccurately used terminology is excluded.
(3) TT is entitled and obliged to rectify any defects, which objectively exist and are severe, provided they are notified within the period stated in (1). The client may set a reasonable period for the rectification of the defect which shall be connected to the statement that any rectification of the defect is not accepted after the indicated deadline. TT will then rectify the defect provided that the period for rectification is deemed appropriate by TT.
(4) If the first attempt to remedy the defect fails, TT shall be entitled to improve the translation a second time on the basis of as accurate a description as possible of the defect from the client. Should the second attempt to remedy the defect also fail, the customer shall be entitled at his discretion to either reduce the agreed remuneration (demand a reduction) or withdraw. In the case of the latter alternative, all rights to the translation shall revert to TT. All other claims, including claims for compensation for damage, shall be ruled out.
(5) If the client has not notified any defects within 14 days following receipt of the translation, the translation shall be considered accepted.
(1) TT is liable only in case of intention or gross negligence. In case of slight negligence, TT shall not be liable. Furthermore, TT shall only be liable up to the amount invoiced for the service.
(2) TT shall not essentially be liable for delays or poor workmanship that are due to the ambiguous, incorrect or incomplete placement of orders.
(3) TT shall not be liable for any damage which is caused by force majeure (natural disasters, power failures, internet failures, computer viruses undetected by regular antivirus scans, strikes, business disruptions, traffic jams, etc.). TT reserves the right to withdraw from the contract in these cases or request appropriate extra time to complete the order. Damage compensation claims shall be precluded in such cases.
(4) TT is not liable for defects or damage caused by third parties. If TT uses the sercives of third parties for the execution of the order, TT is only responsible for the careful selection. § 6 (1)(2) remains unaffected.
(5) Any recourse to TT by the client to enforce third-party claims for damages is excluded.
(1) The client explicitly acknowledges his or her consent that it is necessary for the provided information to be saved in accordance with data protection laws to complete the order.
(2) All orders are treated as confidential, and TT undertakes to hold all information acquired while working for a client in the strictest confidence.
(3) TT is obliged to maintain silence with regard to the contents of the documents to be translated, the information material submitted in connection with the translation order as well as any facts noted in the context of the business transaction. The cooperation with any co-worker also bound to the duty to observe secrecy does not constitute a violation of this obligation.The obligation of confidentiality shall not apply if and so far it is a matter of general or publicly known knowledge or TT is obliged by law to disclose the respective information.
Before the completion of the order, the client is only entitled to rescind the contract for good reason. The rescission is only valid in written form. In case the client rescinds the contract, TT is entitled to invoice the agreed remuneration.
§9 Reservation of ownership and intellectual property
(1) TT retains ownership of the completed order until the remuneration has been paid in full. The client shall have no right of use until the full payment has been completed.
(2) TT holds the copyright to translated/edited/re-written/produced texts.
(3) The Client indemnifies TT from copyright claims resulting from the order, which might be enforced against TT also by third parties.
§10 Applicable law, place of jurisdiction and validity
(1) Australian law is applicable to the contractual relations between TT and the client as well as to any further rights and obligations resulting from these relations.
(2) Place of jurisdiction for both parties to the contract is Victoria, Australia.
§11 Severability clause
In case one clause should prove to be or become ineffective or incomplete these terms and conditions shall remain in legal effect.