GENERAL TERMS AND CONDITIONS
FOR INTERPRETING AND TRANSLATION SERVICES
§ 1 General and scope
1. These General Terms and Conditions (GTC) are applicable to all contracts between Lisa Woytowicz, Burckhardtstraße 41, 45144 Essen, Germany (hereinafter „Contractor“) and her clients (hereinafter “Client”). Interpretation services are offered exclusively to contractors and/or legal entities under public law. Translation services are also offered to consumers.
2. The Client’s General Terms and Conditions shall not be applicable unless expressly approved by the Contractor in writing or by e-mail.
§ 2 Contract conclusion; Subject matter of the contract
1. All contracts awarded to the Contractor shall be based on the underlying individual order. The order form drawn up by the Contractor is to be deemed a legally binding offer. By signing the form and taking into account the contents thereof, the Client hereby agrees to the terms and conditions of service and the contract enters into force.
2. All contracts shall be based solely on the services listed in the corresponding order. For interpretation orders, the contractual parties will exchange information pertaining to the Client, the subject matter, the address and date of the event, in addition to the interpretation mode and working languages, the contact person, and the technical requirements. For translation orders, information pertaining to the Client, the volume of the translation services to be rendered, the source language and target languages, as well as the contact person, will be exchanged. The Contractor regularly performs translation services for the following language pairs: English into German, German into English, Portuguese into German, and Dutch into German.
3. Any services that have not been expressly specified in the individual offer/order shall be remunerated separately. The Contractor will inform the Client of their obligation to pay for any such additional services, and will include these items in a separate invoice.
4. Deadlines shall only be binding if they have been agreed to in the individual offer/order or otherwise confirmed by the Contractor in written form (i.e., by e-mail).
§ 3 Confidentiality
1. It is possible that confidential information will be exchanged over the course of the cooperation between the Contractor and the Client. Confidential information is information which is neither known in its entirety, nor in its details, or, which is not readily accessible to third parties. Notably, this includes information pertaining to trade secrets, technical know-how, business relationships, financial planning, and all forms of digital data. The parties mutually agree to treat any and all information disclosed as highly confidential and to take all necessary measures to prevent it from being disclosed to and used by unauthorized third parties. Employees or subcontractors of the Client are also obliged to treat all such information as confidential.
2. The duty to maintain confidentiality pursuant to Section 3 (1) does not apply to any information and/or documents that are common knowledge and/or have been disclosed to the public by third parties.
3. In the event that an individual order does not materialize or has been completed, the duty to maintain confidentiality shall continue to apply.
§ 4 Obligations of the Client
1. In order for the Contractor to provide high-quality interpretation services, the Client is aware that the Contractor must be provided with any and all relevant documents (i.e., schedule, agenda, reports, presentations, motions, etc.) needed to prepare for the event.
2. The Client is obligated to provide the Contractor with the relevant documents in a standard file format (.doc, .pdf, .ppt, etc.) in the languages the Contractor is required to interpret or translate as per the order/contract, and to use a standard medium (e-mail, cloud solution, etc.) to provide these documents as soon as the individual order has been placed, or, for interpretation services, no later than 8 working days prior to the start of the event. For translation services, these documents must also include any illustrations, diagrams, tables, and abbreviations.
3. A copy of all documents and manuscripts to be presented during an event must be sent to the Contractor no later than 8 working days prior to the start of the event, which, unless expressly agreed otherwise, may be kept by the Contractor or disposed of after the end of the event.
4. Section 4 (1) also applies to any films and/or film excerpts.
§ 5 Working conditions and right of refusal to perform interpretation services
§ 5a General terms and conditions
The Client is aware that the working conditions outlined herein must be met for the interpreter to be able to render their services properly. For this reason, the Client agrees to comply with the following requirements, which form a supplement to the terms and conditions of the individual order:
1. For the Contractor to carry out the order, the Client must provide the Contractor with a separate interpreting booth, unless the parties have expressly agreed otherwise. In-house simultaneous interpreting booths and equipment must meet the requirements of DIN EN ISO 2603 for in-house booths. DIN EN ISO 4043 requirements must also be met when using mobile booths. Furthermore, the parties mutually agree to observe the requirements set forth in ISO 20108 (Simultaneous interpreting – Quality and transmission of sound and images – Requirements) and ISO 20109 (Simultaneous interpreting – Equipment – Requirements) and expressly acknowledge them as part of the contract. When in the booth, the Contractor must have a direct view of the respective speaker, the meeting room, and any projection screens that may be used. The client is also obliged to provide the best possible sound quality so that the Contractor has no difficulties hearing the texts to be interpreted.
2. For simultaneous interpreting assignments, at least 2 interpreters are required.
3. Maximum number of working hours of the Contractor: between 5 and 7 hours per day, depending on the subject matter, unless otherwise agreed by the parties.
4. Should an assignment last 5 to 7 hours, the Contractor must, depending on the subject matter, be given a break of 30 minutes in the morning, at least 60 minutes at noon and an additional 30 minutes in the afternoon, unless otherwise agreed by the parties.
5. The Client is aware that failure to comply with the working conditions stipulated in Section 5a (1 to 4) will have a direct impact on the Contractor’s performance. The Client bears the sole risk for any negative impact on the quality of the agreed interpreting services caused by their failure to comply with the specified working conditions. If these working conditions are not provided, the Contractor shall be entitled to refuse to perform the agreed services until such conditions are fulfilled; the Contractor is also be entitled to adjust the fee stipulated in the original contract to take into account any costs or damages arising from the Client’s failure to comply with these working conditions, and to claim compensation for damages from the Client.
§ 5b Remote interpreting
1. The term remote interpreting refers to all types of interpreting in which one or more participants or interpreters are not at the same location as the other participants. Whether the remote interpreter is in another room, another city or on another continent is of secondary importance. To ensure that the interpretation is performed without any hindrances, it is of vital importance to use appropriate and sound information and communication technology solutions. These solutions must ensure that the interpreters are able to work without any hindrances and that the participants are able to talk to each other confidentially and without any technical hurdles. If remote interpreting is performed simultaneously, it is referred to as Remote Simultaneous Interpreting (RSI).
2. When commissioning the Contractor, the parties shall agree on any technical requirements for the remote interpreting in addition to whether simultaneous or consecutive interpreting is to be provided.
3. Before concluding the contract, both parties must expressly agree on the languages and language directions the Contractor is required to provide during the assignment. Corresponding technical arrangements must be made. Where interpretation is to be provided via a platform solution, the Client shall inform the Contractor of the platform to be used prior to placing the order. The platform must meet the requirements of ISO/PAS 24019:2020 Simultaneous interpreting delivery platforms – Requirements and recommendations.
The Client shall allow the Contractor sufficient time to access and test the platform to be used at least two full days prior to the start of the event/order. The Client is strongly recommended to test the platform together with all parties involved no later than one day before the event.
4. The Client shall be responsible for providing professional technical support throughout the entire event and until the agreed service has been performed. The Client must ensure that the interpretation runs smoothly without any technical problems.
5. Interpreting teams must be able to communicate with each other in real time. The communication between the respective interpreters will be internal.
6. The Client is aware that the Contractor has no control over the stability of the internet connection, the availability of necessary lines or how the platform in question is operated. The Contractor therefore bears no liability if the technology used malfunctions or fails, unless the malfunction has exclusively and demonstrably been caused by the Contractor’s own computer malfunctioning, or the abstract speed of the Contractor’s Internet connection.
7. In the event of a malfunction or failure of the system/technology, the Contractor’s entitlement to the agreed fees shall remain unaffected unless the malfunction can demonstrably be traced back to the Contractor’s computer.
8. Maximum number of working hours per interpreter: A maximum of 5 hours per day, depending on the subject matter, unless otherwise agreed by the parties.
9. The Contractor is entitled to refuse to perform the agreed service until the breach has been remedied in accordance with Section 5a (5), and to adjust the previously agreed fee to reflect the new number of hours and/or to claim damages from the Client.
With respect to the copyrights and rights of use, Section 10 of these General Terms and Conditions also applies mutatis mutandis to remote interpreting.
§ 6 Scope of the contract; delivery
1. The Contractor shall ensure that all translations are performed in a diligent manner in accordance with the highest professional standards, and to the best of their knowledge and judgement. After completing the order, the Contractor shall provide the Client with a copy of the translation specified in the contract.
2. The Contractor does not perform any formatting as part of its range of services. The formatting in the relevant documents provided by the Client will be used for the translation unless the parties agree otherwise. This also applies to any image files contained therein, particularly those containing text.
3. When placing a translation order, the Client agrees to inform the Contractor of any special translation requirements in a timely manner. Such requirements relate to the number of copies, whether the documents in question will be printed or published, their appearance, and whether they will be stored on a data carrier. If the translation is to be printed, the Client agrees to provide the Contractor with the final draft to be proof-read.
4. The Contractor agrees to proofread each translation once. This proofreading service is included in the individual order and will not be remunerated separately. Beyond any existing warranty rights on the part of the Client, proofreading is not a guarantee that the translation is „ready for print“.
5. The Contractor may use sub-contractors or qualified third parties to carry out the order. If the Contractor chooses to exercise this option, any such sub-contractors or third parties shall be obliged to comply with the provisions of Section 3.
6. When subcontracting translation orders, an order will be deemed as placed as soon as the sub-contractor or third-party service provider has received and countersigned the order form.
7. Delivery dates for the completed translations shall be specified in the respective individual orders. If, after the order has been placed and a delivery deadline has been agreed, the Client submits additional documents and/or text passages that are to become part of the order, the parties shall agree on a new deadline.
8. If, after the order has been placed, the Client makes changes to the source text which has already been translated in whole or in part, the deadline shall be extended by a reasonable period of time, provided it is necessary to modify the text which has already been translated.
§ 7 Warranty and liability
1. The Contractor is obligated to work to the best of their knowledge and judgement. All services to be rendered by the Contractor shall be performed carefully in accordance with the highest professional standards.
2. If the Contractor renders its services despite not being provided with the required working conditions in accordance with Section 5 when the service commences, the Client is not entitled to any claims arising from a poor performance as a result of the inadequate working conditions. For such cases, a fee reduction is expressly excluded.
3. The Contractor shall not be held liable for any mistakes and delays resulting from a lack of or a delay in providing the Contractor with information material and instructions pursuant to Section 4.
4. The legal warranty rights in accordance with Sections 634 et seq. of the German Civil Code (BGB) shall be applicable to translation services provided by the Contractor. Differences of opinion regarding terminology used within the translation do not constitute a material defect unless the translation cannot be used for the agreed purpose despite the Contractor’s utmost diligence. The same applies if the Contractor deviates from a list of terms to be used provided by the Client without stating any reasons for doing so.
5. The Client agrees to accept translation services that have been rendered in accordance with the contract. The Client may not refuse to accept the translation on account of insignificant deficiencies. The service shall also be deemed accepted if the Contractor has given the Client a deadline to accept the completed translation and the Client has not refused to accept the translation, and if the Client has not given notice of at least one error or defect. If the Client is a consumer within the meaning of Section 13 of the German Civil Code (BGB), any legal implications of the aforementioned provision shall only apply if the Contractor has informed the Client of what would happen if the Client were to refuse to accept the translation without stating any defects or if the Client were to fail to accept the translation; any such notifications must be made in writing.
6. Should the Client be dissatisfied with the translation service provided, the Client is entitled to request that the defect be remedied provided all legal requirements have been fulfilled. In such cases, the Client must describe the defects in such a way that it is possible and reasonable for the Contractor to correct the errors. If the Contractor refuses to correct any errors in accordance with Section 635 (3) of the German Civil Code (BGB), if this fails or if it is unreasonable for the Client, the Client shall be entitled to withdraw from the contract for work and services without having to set a deadline. If the Client accepts a flawed translation despite being aware of any error(s), they are only entitled to the rights under Section 634 (1) to (3) of the German Civil Code (BGB) provided that they reserve their rights on account of the error(s) identified at the time of acceptance.
7. The Contractor shall be liable in accordance with statutory provisions in cases of willful misconduct or gross negligence on the part of the Contractor, its representatives or vicarious agents, as well as in cases of culpably caused injury to life, limb or health.
8. In the event of a breach of material contractual obligations, or if the Contractor has fraudulently concealed any defects, or has given a separate warranty for an individual order, the Contractor shall only be liable in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz). A material contractual obligation is defined as an obligation that must be fulfilled in order to ensure the contract can be properly performed and which the contracting parties may rely on being fulfilled.
9. Any claims for damages arising from a culpable breach of major contractual obligations shall, however, be limited to losses that are foreseeable and typical for the contract, unless liability is assumed for injury to life, limb or health. Foreseeable damages typical for the contract are those which are governed by the protective purpose of the contractual or legal norm violated. The Contractor bears the same liability for any breach of duty on the part of vicarious agents and representatives.
10. The provisions contained within the preceding clause shall apply to damages arising as a result of the performance of the service in question, to damages arising as a result of a failure to perform the service in question, and to claims for reimbursement of expenses incurred, irrespective of the legal grounds on which they are based, including liability for defects, default or the inability to perform the service.
11. The above provisions do not imply any changes to the burden of proof that are to the detriment of the Client.
§ 8 Withdrawal
The Client shall be entitled to assert their legal right of withdrawal, provided they concluded the contract with the Contractor in their capacity as a consumer (Section 13 of the German Civil Code (BGB)). The Client’s right of withdrawal may be exercised in accordance with the following cancellation policy:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days from the date on which the contract was concluded without stating any reason.
In order to exercise your right of withdrawal, it is necessary to contact us here:
+49 178 66 50 414
You decision to withdraw from this contract has to be communicated to us in the form of a clear statement (i.e., a letter sent by post, fax or e-mail). You may also use the attached withdrawal form.
You must inform us about your decision to exercise your right of withdrawal before the end of the withdrawal period.
Sample withdrawal form
Should you wish to withdraw from the contract, please fill in this form and send it back to us using the contact information below:
+49 178 66 50 414
– I/we (*) hereby withdraw from the contract concluded by me/us (*) concerning the purchase of the following item(s) (*)/provision of the following service(s) (*)
– Ordered on (*)/Received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (when communicated on paper)
(*) Strike out if not applicable.
Implications of your decision to withdraw from the contract
Should you choose to withdraw from this contract, we shall reimburse all payments received, including any delivery costs (excluding any additional costs resulting from your choice to use a different method of delivery other than the most economical standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we were notified of your decision to withdraw from this contract. To carry out the reimbursement, we will use the same payment method that you used for the original transaction insofar as nothing else has been expressly agreed with you; under no circumstances will you be charged any fees for this reimbursement.
Expiry of the right of withdrawal
We would like to expressly state that the right of withdrawal expires when the consumer has given their express consent for us to start performing the agreed services, has confirmed that they are aware that their right of withdrawal expires when the contract and the services have been fully performed by the Contractor.
Exclusion of the right of withdrawal
Unless agreed otherwise by the parties, the right of withdrawal is not applicable to contracts relating to the supply of goods that have not been produced in advance and require input from the customer regarding individual choices or specifications in order to be produced, nor is it applicable to contracts relating to goods that have been specifically adapted to the customer’s individual requirements.
§ 9 Changes to the contract with regard to interpreting services
1. In the event that the Contractor has an important reason for not being able to render the interpreting services, the Contractor is obligated to ensure to the best of their ability and to the extent that one can reasonably be expected to do so that any obligations arising from the contract in question be carried out by a suitable and professional interpreter in their place. Any such action requires the consent of the Client.
2. If a replacement interpreter cannot be found despite the Contractor’s best efforts and within reason, the Contractor shall not be held liable.
3. Important reasons that may prevent the Contractor from carrying out the interpreting assignment include significant illnesses (particularly those affecting the throat and pharynx and/or those resulting in a loss of voice and/or a diminished ability to perform, deaths in the immediate family, and all cases of force majeure.
§ 10 Rights of use and copyrights; retention of title
1. Unless expressly agreed otherwise in the contract, the interpretation product is exclusively intended to be listened to live.
2. In order to use any of the Contractor’s services other than the purpose stipulated in Section 10 (1), the Contractor must first agree to this in writing. Such an agreement must also specify which rights of use are to be transferred to the Client so that they can reuse the services. Should the parties fail to come to an adequately clear agreement regarding the rights of use and copyrights for the services, any other uses going beyond strictly private purposes and without any connection to the Client’s business shall only be permitted after obtaining the Contractor’s written consent.
3. In order to use the interpretation product for any additional purposes (i.e., live broadcasting, broadcasting via the Internet, web streaming, etc.), a separate contractual agreement must be concluded. Section 10 (2) of these Terms and Conditions shall also apply in this respect. Should these copyright provisions be violated, the Contractor expressly reserves the right to assert claims for injunctive relief and/or damages.
4. The Client shall indemnify the Contractor against claims arising from copyrights, and ensures that the use/translation of texts, speeches, etc. does not affect the rights of third parties; if this should nevertheless become applicable, the Client shall immediately compensate the Contractor for any damages incurred as a result. The use of the translations prepared by the Contractor shall be at the risk and expense of the Client, particularly with regard to any existing third-party rights to the source text.
5. When translating documents, the translated product shall remain the property of the Contractor until payment has been made in full. The Client will not be granted any right of use until the services have been paid for in full.
§ 11 Remuneration and terms of payment; prices
1. Remuneration for the services rendered by the Contractor shall be based on the provisions set out in the respective order. The Contractor shall charge an hourly rate of €160 for every hour worked, unless otherwise agreed by the parties. If fewer than 60 minutes are worked, the rate charged will still be €160.
2. All prices quoted for all services rendered by the Contractor shall be subject to value added tax at the rate applicable at the time of conclusion of the individual order. Incidental costs, such as travel expenses, will also be invoiced in accordance with the individual order, unless the Client has agreed to book them and pay for them on the Contractor’s behalf.
3. If, after placing the order, the Client sends additional text passages to be translated and delivered by the originally agreed delivery date, or unilaterally requests to move up the deadline, the Contractor shall be entitled to charge an appropriate surcharge. The Client is not entitled to move up the deadline.
4. If the Client makes any changes to the source text after the order has been placed and it becomes necessary to revise a text that has already been translated, the Contractor shall be entitled to charge an appropriate surcharge on top of the agreed remuneration for the additional work. If any changes are made to the source text and the original translation can no longer be used for the purpose of fulfilling the modified order, the Contractor is entitled to charge the Client for these passages.
5. Unless otherwise agreed by the parties, the Contractor shall issue a corresponding invoice to the Client immediately after their services have been rendered. The invoice is payable without any deductions within 14 days after receiving the invoice.
6. If the parties have agreed on a remuneration that is higher than the usual remuneration rates (i.e., for court hearings pursuant to the German Law on Remuneration of Witnesses and Experts (in German: JVEG)), the Client is obligated to compensate any amounts exceeding the usual remuneration; this also applies if the costs are to be reimbursed by a third party at the usual rate.
7. Any expenses arising from the transfer of funds abroad shall be borne by the Client. Any such expenses will not be included in the invoice prepared by the Contractor.
8. If the parties have not agreed on a specific remuneration, the Client must regularly pay a standard remuneration appropriate to the service type and degree of difficulty.
9. For order volumes exceeding € 6,000.00, 30% of the agreed fee shall become due for payment immediately upon placing the order. Section 9 (1) of these GTC shall apply to the remaining balance.
1. This privacy statement applies to all data processed by the Contractor.
Responsible person: Ms. Lisa Woytowicz, Burckhardtstraße 41, 45144 Essen, Germany, E-Mail: firstname.lastname@example.org, Tel.: +49 178 66 50 414.
2. The Client can expect that their order will be performed smoothly. For this purpose, some of the Client’s data needs to be stored using technology. When accepting an assignment, the Contractor will collect various personal data in the form of „basic data“; this is required to complete the assignment smoothly. The only data that will be stored is data that is required to perform the contract. The Contractor shall collect and use the Client’s personal data exclusively in accordance with the provisions applicable in the Federal Republic of Germany and as set out in the General Data Protection Regulation (in German: DSGVO, in English: GDPR). The Contractor shall collect, process and use the following information:
Salutation, first name, last name, a valid e-mail address, address, telephone number (landline and/or mobile phone), as well as any additional information required to settle any existing performance or warranty claims or to assert any claims against the Client.
The data will be collected in order to identify the Client as a customer, to render the commissioned service correctly and promptly, for invoicing purposes, and to settle and assert any claims on both sides. The data will be processed at the request of the Client; it is also required for the aforementioned purposes as defined in Section 6 (1) sentence 1 (b) of the GDPR.
3. Any personal data obtained by the Contractor in order to process the order shall be stored until the statutory retention period expires; thereafter, it will be routinely deleted, provided that it is no longer required to fulfill or prepare the contract and/or the Contractor has a legitimate interest in continuing to store it. If the Client chooses to exercise any rights of intervention, the data in question will be deleted without delay.
4. Personal data of the Client will be passed on to third parties if doing so is required to process the order in accordance with Section 6 (1) sentence 1 (b) of the GDPR. This includes transferring data to a subcontractor or to a forwarding company commissioned by the Contractor to deliver the translation. Any data passed on may only be used by third parties for the purposes stated above. Otherwise, data will only be passed on to third parties with the Client’s consent.
5. In accordance with Section 7 (3) GDPR, the Client is entitled to revoke its consent given to the Contractor at any time. In such cases, the Contractor will no longer be permitted to continue processing the data in the future; in accordance with Section 15 of the GDPR, the Client is also entitled to request information about their data processed by the Contractor. More specifically, the Client is entitled to obtain information on why the data was processed, the category of personal data processed, the recipients or categories of recipients to whom their data have been or will be disclosed, the intended storage period, if applicable, or, if this is not possible, the criteria used for determining the storage period, whether they are entitled to a right of rectification, a right of erasure, a right to restrict processing or a right of objection, in addition to whether they are entitled to lodge a complaint with a supervisory authority, any available information pertaining to the origin of their data in instances where this data has not been collected by the Contractor, as well as the use of automated decision-making functions, including profiling and, where applicable may request meaningful information on the details thereof; in accordance with Section 16 of the GDPR, the Client is entitled to demand that incorrect or incomplete personal data stored by the Contractor be corrected without undue delay; in accordance with Section 17 of the GDPR, the Client is entitled to request that their personal data stored by the Contractor be erased without delay, provided that no such processing is necessary for the Contractor to be able to exercise their right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest, or to assert, exercise or defend against any legal claims; in accordance with Section 18 of the GDPR, the Client is entitled to request that the processing of their personal data be restricted in cases where the accuracy of such data is disputed, or in cases where the Client objects to the erasure of such data despite the processing thereof being illegal, or in cases where the Contractor no longer requires the data but the Client requires the data to assert, exercise or defend against any legal claims, or in cases where the Client has objected to the processing of such data in accordance with Section 21 of the GDPR; in accordance with Section 20 of the GDPR, the Client is entitled to obtain their personal data provided to the Contractor in a structured, standardized and machine-readable format, or to request that the data be transferred to another controller; in accordance with Section 77 of the GDPR, the Client is entitled to lodge a complaint with a supervisory authority. In general, and for this purpose, the client may contact a supervisory authority at his/her usual place of residence, place of work or the interpreter’s professional domicile or company headquarters.
6. Where personal data of the client have been processed for legitimate reasons as defined in Section 6 (1) sentence 1 (f) of the GDPR, the Client may object to such processing in accordance with Section 21 of the GDPR, provided that their reasons for doing so relate to their particular situation.
7. Should the Client decide to exercise their right of withdrawal, they may do so by sending an e-mail to: email@example.com.
8. The Contractor has implemented various technical and administrative security measures to protect data against loss, manipulation or unauthorized access. The Contractor shall undertake to ensure the security measures used are always up-to-date.
§ 13 Final provisions
1. Any disputes arising from individual contracts concluded with the Contractor shall be subject to the jurisdiction and place of performance of the Contractor’s registered office, provided that the parties are commercial traders, legal entities or special assets under public law.
2. The contractual language is German. Any individual orders concluded in accordance with these GTC as well as any disputes relating thereto shall be governed solely by German law. Any mandatory protective regulations of the state in which a consumer has their usual place of residence shall remain applicable.
3. The EU Commission provides a platform for extrajudicial online dispute resolution (ODR platform), which can be accessed under https://ec.europa.eu/consumers/odr. The Contractor is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.