Terms and Conditions
These terms and conditions are effective for all persons or companies (hereinafter named “client” or “clients”) who enter a business relationship with Thorsten D. Lonishen (hereinafter referred to as “I”, “me”, “my”, etc.). The terms and conditions are accepted by the clients through their order of assignment and are valid for the entire duration of the business contact. Thus they are also valid for future business dealings. The client’s terms and conditions are only valid if acknowledged by Thorsten D. Lonishen in writing.
2. Assignment order
The client can place the assignment order in electronic or other form. In the interest of smooth cooperation, assignment orders per telephone or in other informal manner will also be accepted. Any possible problems that might result from this will be attributed to the client.
The client shall name the target language of the text and any special terminology requests beforehand. Also, the client has the possibility to state the intended use of the text. This is especially true if the text is to be published or printed.
I cannot be made liable for any delays or faults that occur due to unclear, wrong or incomplete assignment of orders.
The client is aware of the fact that, unless stated otherwise beforehand, all translations into English shall be using English (UK) spelling.
3. Fulfilment by third parties
I am permitted to use third parties for the carrying out of all business dealings as far as I believe it to be necessary and appropriate. In so doing, I can only be made liable for a thorough selection of the third parties.
This thorough selection will have taken place if the implemented third party is in fact a translator / interpreter / copywriter / proofreader and has general experience in the field of translating, copywriting, proofreading.
Direct contact between the client and the third party is only allowed with my prior consent. In general, the business connection is only between the client and me.
All offers and prices are subject to confirmation. The prices are always given in Euro as long as no contrary arrangement is agreed upon. Extensive translations can demand that a down payment first be disbursed or payment in instalments is required, depending on the final amount of text. All prices in my cost estimates are net prices excluding VAT.
5. Terms of delivery
Terms and times of delivery are always stated to the best of my knowledge. However they can only be seen as anticipated times and not definite times. An assignment is deemed to have been carried out as soon as the translation or text has been sent out to the client.
6. Breakdown, acts of nature, shutdown and restriction of business, network or server failures, viruses
I cannot be made liable for damage which occurs due to breakdowns of my services, especially through acts of nature (e.g. natural phenomena, traffic congestion, network and server failures) and any other hindrances for which I am not responsible. In such exceptional cases, I will be permitted to step back from the contract in part or completely. The same applies if, due to important reasons, I should be forced to shut down or partly shut down my business, especially my online service. I can equally not be made liable for damages that are caused by viruses. If files are delivered via e-mail or any other type of electronic transfer, the client is responsible for the final revision of the transferred files and text. Any claims for damages concerning this matter can thus not be recognized.
If no special agreements have been made concerning the qualitative requirements of the translation or text, or if no specific requirements are visible through the type of translation or text alone, I will write the text to the best of my knowledge completely as well as analogous and grammatically correct for information purposes. Should the client fail to deliver a written objection immediately after receipt of the text or after five days at the latest (receipt of complaint), the text is deemed to have been accepted.
In this case, the client will surrender all entitlements which he might have because of possible faults in the translation. If the client should complain about an objectively existing and not unsubstantial fault in the text within the 5 day period, then the fault should be described as accurately as possible and I should be given a chance to correct the fault. This is also true for express translations with an extremely short term of delivery. If the improvement is demonstrably unsuccessful, the client has the right to a discount or annulment.
Further claims, including damage claims due to failure of performance are null and void.
In any case, liabilities are limited to the value of the respective assignment. I can only be held responsible in cases of wanton neglect and intent. Liability in case of mild negligence can only be accepted if substantial parts of the agreement are breached. Recourse liability for damage claims by third parties is explicitly excluded.
I cannot be made responsible for translation mistakes that occur due to delivered information or texts being incorrect, incomplete, or not delivered in time or through flawed or (even partially) unreadable source codes.
If the client does not state the purpose of the translation or text, especially if it is for publication or advertising purposes, he cannot claim damages which resulted from the fact that the text was inapplicable for the intended application or that due to a faulty adaptation, the publication or advertising means had to be repeated or it harmed the company reputation or caused a damage to the company image.
If the client does not specify that the translation or text is for printing purposes, or if he prints without me receiving a proof before actual printing and giving my clearance, any faults that occur will be entirely on his account.
If claims are made against me concerning copyrights of a translation from a text from my client, or if third parties make claims of any nature, then the client will release me from any and all liabilities.
8. Delay of delivery, impossibility, withdrawal
In the case of service delays or impossibility of service, the client is only allowed to retreat from the contract if the time of delivery has been exceeded by an unreasonably long period of time and the client has set a new appropriate time limit in written form.
The cession of all rights in a contract through the client is only valid with my prior written consent.
10. Terms of payment
My fees are payable strictly net within two weeks after receipt of the invoice, barring any summation or retainment. Any overstepping of this payment target will cause me to charge interest at the going rate.
11. Retention of title
The delivered translation or text remains my property until the complete balance of all payments. Until then, the client has no usage rights.
12. Dispatch, transmission
The dispatch and/or electronic transmission will take place entirely at the clients own risk. I can not be made responsible/liable for faulty or defect electronic transmission of texts or for their loss or damage or partial damage or their loss on their non electronic route of transport.
13. Clause of nondisclosure
All texts will be dealt with in utmost confidence and I am obligated to maintain utmost secrecy concerning all facts which become known to me through the course of the job for the client. However, the client expressly agrees to Thorsten D. Lonishen using his company name and/or company logo as a reference in the context of advertising means.
Bearing in mind the electronic transmission of texts and files and any other electronic forms of communication between the client, me and possible auxiliary third persons, I cannot guarantee entire protection of company or information secrets and other confidential data and information, as it cannot be ruled out that unauthorised third parties might have access to the transferred texts during their electronic transmission.
14. Applicable law and jurisdiction
The contractual relationship and other business relationships between me and the client are solely subject to German law to the exclusion of international purchasing rights. If permitted, all judicial disagreements will see Cologne, Germany as the only place of jurisdiction for both parties.
The validity of the rest of these terms and conditions remains intact should one or more parts of these be deemed ineffective at any time. In such a case, the regulation which comes closest to the legal and commercial purpose will become valid.