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General contractual conditions for translations and corrections
Maren Lorenzen, freelance translator




Application / Quality/contract / Customer obligations
Improvement/reclamation / Responsibility
/ Confidentiality
Fees / Termination/Modification
Ownership/Copyright / Copyright Web site
Limits of responsibility for links / Droit applicable


Application
These general conditions constitute a legally binding contract between the customer and the translator with respect to the supply of services of translation and/or correction unless other particular terms are particularly agreed or legally stipulated..
The general conditions that apply to the translator take priority over those that apply to the customer, unless the translator has otherwise agreed in writing in advance.
The conditions are valid for translations and corrections, unless otherwise indicated. Thus, ‘translation’ means here ‘translation and/or correction’.


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Quality of the service/Extent of the contract
The translator will carry out the translation based on established quality standards. The customer will receive the translation in the form stipulated in the contract.


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Customer obligations
The customer has to inform the translator beforehand of any special forms of execution (translation on a particular storage medium, number of copies required, type of formatting, form, etc.).
If the translation is to be printed, a copy of the proofs has to be given to the translator for checking. Due acknowledgement has to be given to the translator.
The customer has to give to the translator, without explicit demand and in due time, all information necessary for the translation (glossaries provided by the customer, special style preferences, figures, drawings, tables, abbreviations, etc.). The translator will not be responsible for any errors due to the customer’s disregard of these obligations.


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Improvement, reclamation
The customer has the right to ask for correction of errors in the translation, if such errors are indicated in writing within 10 (ten) days from the delivery of the final translation. A reasonable deadline has to be agreed in order to improve the translation.
The translator has the duty to correct any errors in the translation so notified within 10 days after delivery. The customer recognizes that the translator will not bear any responsibility or obligation for possible errors of translation, unless notified within this timescale.
The customer looses this right to corrections if (s)he or a third person has modified the part of the delivered translation that is the object of the reclamation.
The translator is not responsible for errors due to an original text that contains errors, that is not legible or that is not complete; or for errors due to the glossary or terminology provided by the customer.


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Limits of responsibility
The translator assumes responsibility only in case of culpable negligence and intention. The responsibility in case of minor negligence will only to be assumed if duties according to the contract are not fulfilled.
The responsibility of the translator is in any case limited to a maximum of the amount of the respective command.


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Confidentiality
All information given by the customer to the translator is subject to the utmost confidentiality.
Your personal data are treated confidentiality. The translator saves the data necessary for the business connections. The data are not passed on other companies or freelancers.


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Fees
The price of a translation will be calculated with respect to the number of words or pages of the text.
The price of any changes requested after final delivery of the translation (not covered by conditions set out in Paragraph 4: Improvement, reclamation) will be calculated in function of the time spent.
The translator will be reimbursed for any expenses additional to those fixed by the contract, if the customer has agreed to such expenses in advance.
The translator can increase the price if additional difficulties, unforeseeable at the time of the contract, occur (for example: copy or data file of bad quality, defective program, etc.).
A minimum price per combination of languages can be charged. The payment (in euro) will be made immediately at the delivery of the translation (French law N92-1442, 31.12.1992, JO 1st of January 1993.
In case of later payment, 3 times the legal interest rates are charged. For each reminder, the amount of the invoice is increased by 2.50 €.
The translator can ask for a reasonable advance for large-scale translations. In exceptional cases, the payment of the full price can be charged (and payable) before delivery of the translation.


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Termination/Modification of the contract
The customer may only cancel the contract in exceptional circumstances. The termination is only valid if confirmed in writing. The customer is obliged to pay a sum calculated according to services completed/time already spent at the contract’s termination. On the demand of the customer, the work already completed will be delivered. In this case, the translator cannot guarantee the quality of the work.
If the customer wishes to modify the order after the conclusion of the contract, the translator has the right to delay the delivery date, modify the fees or to cancel the contract altogether. In the latter case, the customer has to pay a sum calculated according to services completed/time already spent at the contract’s termination. On the demand of the customer the work already completed will be delivered. In this case, the translator cannot guarantee the quality of the work.


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Ownership and copyright
The translation remains the property of the translator until complete payment of the fees. Until then the customer does not have the right to use the translation in any way whatsoever, unless agreed in writing by the translator.
The translator remains owner of the copyright.


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Copyright Web site
It is forbidden to copy, modify and disseminate data and graphical or technical elements of the web site www.ezy-traduction.com without written agreement of the translator.


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Limits of responsibility for links
The translator influences neither content nor design of web sites that are linked in the one or the other direction with the web site www.ezy-traduction.com. Therefore, the translator is not responsible for content or design of those web sites.


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Place of jurisdiction
French law is applied for the contract and all resulting claims.
In case of lawsuit, which can be put down to the interpretation of the present general conditions, the original French version has priority.









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Publié le: 2005-08-24

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