1. GENERAL CONDITIONS
These terms and conditions apply to all business dealings between Diálogo Sprachendienst (hereinafter referred to as “Diálogo”) and our clients. They are recognised by our clients as binding as soon as a definite order has been placed. Our terms and conditions also apply to any future business dealings. We are not bound by the client’s terms and conditions unless expressly agreed in advance by both parties.
2. PLACING OF ORDERS
Orders may be placed electronically or in other form. For a problem-free co-operation we also accept orders by telephone or other formless orders. However, any problems that may arise from this are the client’s responsibility. The client specifies the target language, topic and special field of the text, the data format of the target text and special requests concerning the terminology. He can also specify the intended purpose of the translation, specifically if the text is to be published or printed. We are not liable for any delays or faults resulting from any unclear, incorrect or incomplete placing of orders.
3. THIRD PARTY
We are permitted to employ the services of a Third Party should we consider it necessary. This is not the normal practice and in this case, we will inform the customer accordingly. We are only liable for careful selection. A Third Party is deemed to have been carefully selected if he/she is a certified Translator or Interpreter with an academic qualification. Contact between the client and a Third Party designated by us requires our approval. In principle, all business dealings take place between the client and us.
4. PRICES
All offers and prices are without engagement. Prices are understood in € (Euros) if no other agreements have been made. For large orders, a prepayment or payment in rates, according to the amount of text translated, may be required.
5. TEXT GRADING AND DELIVERY DATES
The grade of difficulty of a text and the delivery date can only be ascertained after prior examination. If the delivery date is not met due to a Force Majeure event, such as natural disasters, traffic conditions or other circumstances beyond our control, we reserve the right to withdraw from the contract or to set a new suitable delivery date. The translation is considered to be delivered once it has provably been sent to the client (transmission protocol).
6. DISTURBANCES, FORCE MAJEURE, CLOSING OR LIMITAION OF SERVICES, NETWORK OR SERVER PROBLEMS, VIRUSES
We are not liable for damages that may occur if our office closes due to a Force Majeure event (e.g. natural disasters, industrial disputes, network or server problems, other transaction or transmission disturbances or other circumstances beyond our control). In such cases, we reserve the right to withdraw from the contract or to set a new delivery date. The same applies if we are forced to close our services, specifically the online service, partially or fully. We are not liable for damages caused by computer viruses. Deliveries by email, modem or any other data transfer device must be checked for completeness by the client. Claims for damages can otherwise not be accepted.
7. LIABILITY
If there are no special agreements about the quality of the translation, it will be carried out to the best of our knowledge and belief. It has to be correct in content, grammar and for information purposes. If the client does not object in writing within 14 days upon receipt, the translation is considered to be accepted and executed. In this case, any further claim resulting from a faulty translation shall be excluded. If the client notifies us of a defect within this 14-day period, the defect must be precisely specified and we reserve the right to correction. If the correction is provably without success, the client has the right to rescind the contract or reduce the price. Further claims, including compensation in case of non-performance, are excluded. Liability is in any case restricted to the contract value concerned. We are liable only in cases of gross negligence and intention; liability in cases of slight negligence is only accepted if contractual duties are neglected. Recourse liability for Third Party damage claims is expressly excluded. We are not liable for faulty translations due to incorrect, incomplete or untimely handing out of information material or due to limited readability of source texts. If the client does not specify the intended use of the translation, especially if it is for publishing or advertising purposes, he/she may not claim damages if the translation is not suitable for such purpose and consequently leads to loss of reputation or image. We can only take responsibility for such text if we are provided with a proof copy for control purposes prior to publication. The client is required to absolve us from blame totally and in all respects should we be charged with breaching copyright as a result of translating a text provided by the client.
8. DELAY IN DELIVERY, IMPOSSIBILITY OF PERFORMANCE, RESCISSION
In case of excessive delay in delivery, the client should provide a grace period in writing. Should we not be able to comply with the set period he/she has the right to rescission.
9. ASSIGNMENT
The assignment of the contract rights by the client requires our prior written approval.
10. PAYMENT
Payment must be made strictly net and in full within 14 days from the date of issue for national invoices and within 30 days from the date of issue for international invoices. Any bank transfer charges are to be borne by the client (sender). Interest incurred for late payment is calculated at the standard bank rate.
11. RESERVATION OF OWNERSHIP
The translation remains our property until we have received full payment, both for present and all future claims.
12. POSTAL DELIVERY, ELECTRONIC DELIVERY
The client determines how his/her translation is to be submitted. We are not responsible for loss or damage incurred during delivery.
13. SECRECY
All texts will be treated confidentially. We bind ourselves to secrecy about any information that our client entrusts us with. However, due to the electronic transfer of texts between the client and us as well as possible third party translators, we cannot guarantee total protection of trade secrets, since it is not possible to exclude the possibility of unauthorised third parties gaining access to the text during transmission.
14. JURISDICTION
The contract and all further dealings between the client and us are under German law exclusively. In the event of disputes the courts of the city of Almería, Spain, shall have jurisdiction.
15. EFFECTIVENESS
Should one or more terms be declared invalid, the other terms of the contract will not be effected. In this case the term closest to the juridical and economic intention of the original will be applied.
Last updated: May 2023
Diálogo Sprachendienst
Beatriz Bruchhaus
Coworking Almería Digital
Av. de Cabo de Gata, 29
04007 Almería (Spain)
