General Terms & Conditions (GTC)
- The following General Terms & Conditions shall apply to the contractual relationship between Enssner Zeitgeist Translations GmbH, Wilhelmstraße 9, 97421 Schweinfurt, and its customers.
- Enssner Zeitgeist Translations GmbH operates a translation service preparing translations and providing interpretation services.
- Interpreters may only be deployed for the task for which they have been booked. They may not be called upon for additional assignments on site, including, but not limited to, written translations, taking minutes or organizational activities.
- Texts with criminal content and texts offending common decency may be rejected by Enssner Zeitgeist Translations GmbH even after conclusion of the contract. Other than that, a text is to be rejected – also after conclusion of the contract – only under special circumstances, e.g. if, due to the difficulty and/or volume of the original, it is not possible to translate it to a reasonable standard of quality within the period of time specified by the customer.
The interpreter shall have the right to refuse to carry out a task or assignment on site at the customer’s for serious grounds, e.g. moral-ethical reasons.
- Source languages and target languages shall currently be English, French, German, Spanish and Italian, as well as forty other languages. Additional languages shall be possible upon request.
- The customer shall usually submit texts to Enssner Zeitgeist Translations GmbH in electronic form. As a rule, the customer shall receive the translation in electronic form as well.
For interpretation, sufficient information must be available so that the interpreter would be able to render services of an adequate quality. The principal shall be obliged to provide the interpreter with written documents in due time before the start of his/her assignment. Two interpreters are to be booked for simultaneous interpreting. Any necessary technical conditions are to be provided by the customer.
- When submitting the purchase order (PO), the customer shall specify the field(s) of expertise that he/she believes the text or interpreting assignment relates to. The information is to be provided with utmost care in one’s own interest. The customer shall advise us of any specific terminology requirements he/she has and shall provide appropriate reference material (sample texts, terminology directories and the like). Such material should be used for the purpose of achieving the best possible translation or interpretation result.
The customer may book time-critical translations as rush orders. If required, the customer shall clearly note this in his/her PO or request.
- The customer may choose whether to release his/her text for translation from the outset, subject to acceptance of the order by Enssner Zeitgeist Translations GmbH, or to have Enssner Zeitgeist Translations GmbH prepare a quote for the costs and timeframe of the translation in advance. Such quote shall be free of charge and non-binding for both parties.
The contract shall be deemed concluded effectively unless Enssner Zeitgeist Translations GmbH notifies the customer 2 workdays after receipt of an order that Enssner Zeitgeist Translations GmbH cannot execute the order in the requested form.
- If it becomes apparent after acceptance of the order by Enssner Zeitgeist Translations GmbH that the order cannot be executed within the agreed period for valid reasons (e.g. illness of the translator or interpreter or technical deficiencies in the network), Enssner Zeitgeist Translations GmbH shall inform the customer without delay.
- If the customer cancels any order for interpretation services within 48 hours prior to the scheduled assignment, a cancellation fee of 50% of the agreed fee plus any travel or other expenses already incurred shall become due. If an order is cancelled within 24 hours prior to the scheduled assignment, the full amount of the agreed fee plus any travel or other expenses already incurred shall become due. In all cases, the customer shall be free to prove that Enssner Zeitgeist Translations GmbH has actually incurred lower damage.
The minimum order value shall range between EUR 35.00 and EUR 90.00 (plus VAT*), depending on the language combination.
*only if an order is placed by a consumer residing in the territory of the European Union, by a domestic entrepreneur or a domestic company.
A translation usually has a different length than the original text. Prices may vary depending on the level of difficulty and subject area of the source text as well as the effort required for DTP work and other services. In such cases, the quoted price shall be communicated to the customer as soon as possible after receipt of the text and specifications under clause 7. Interpretation services shall be billed on an hourly basis, with a minimum of one hour to be booked. Travel and accommodation costs as well as other expenses shall be borne by the customer. Enssner Zeitgeist Translations GmbH undertakes to organize inexpensive travel and accommodations (2ndclass train ticket, economy class flight, three-star hotel). Higher costs shall be agreed with the customer in more detail in advance at the customer’s request.
- Enssner Zeitgeist Translations GmbH undertakes to have the translation or interpretation rendered in such a way that it does not exhibit any defects. Insignificant defects shall be disregarded. Enssner Zeitgeist Translations GmbH further undertakes to ensure that the translation is carried out without abridgements or additions. Enssner Zeitgeist Translations GmbH reserves the right to insert comments, footnotes, etc. to ensure proper understanding of the text in the target language, where appropriate. The translators and interpreters shall work according to common practice in the industry and shall perform their work to the best of their knowledge and belief.
- Enssner Zeitgeist Translations GmbH shall check the completed translation for completeness and data format as well as any other defects visible at first glance and shall forward it to the customer. Unless the customer raises any objection within 14 days, commencing at the end of the day on which the translation was verifiably sent to the customer (e.g. dispatch record), the translation shall be deemed approved. In this case, the customer shall waive any and all claims to which he/she may be entitled due to any defects in the translation.
Any objectively existing, not only insignificant defect reported by the customer within the 14-day period must be described as precisely as possible in text form (e.g. letter, fax, e-mail). At the same time, the customer shall state the period of time within which the defect is to be remedied. Enssner Zeitgeist Translations GmbH shall then arrange for the defect to be remedied within the stated period, where reasonable, otherwise within a reasonable time.
If the first remedy of the defect fails, Enssner Zeitgeist Translations GmbH shall be entitled to rework the translation once again as precisely as possible on the basis of the defects described by the customer in text form again. If the second remedy of the defect fails as well, the customer shall be entitled, at his/her discretion, either to reduce the agreed fee or to rescind the contract. In the latter alternative, any and all rights to the translation shall revert to Enssner Zeitgeist Translations GmbH.
The customer shall be entitled to any farther-reaching rights due to translation defects only if Enssner Zeitgeist Translations GmbH, any of its legal representatives or its vicarious agents acted willfully or with gross negligence. Enssner Zeitgeist Translations GmbH shall be liable, however, for any breach of essential contractual duties and injury to health in any case of fault.
Its liability shall be limited in any event to the foreseeable, typically occurring damage and shall include neither consequential damage nor lost profit. The amount of liability shall be limited to twice the agreed remuneration. The maximum amount for the event insured based on the valid pecuniary damage liability insurance.
- Any defects in interpretation services may be asserted only on site vis-à-vis the interpreter and are to be remedied on site. Once the interpretation assignment has been completed, Enssner Zeitgeist Translations GmbH is to be promptly provided with written information from the customer about the nature of the defect and the performed remedy of the defect.
- If the completion date agreed for a translation is exceeded by more than 48 hours, the customer shall be entitled to reduce the agreed fee by 5% of the agreed fee for each additional full day (24 hours) exceeded, provided that such exceedance is not due to force majeure. The customer shall be entitled to any farther-reaching claims only if Enssner Zeitgeist Translations GmbH, any of its legal representatives or its vicarious agents acted willfully or with gross negligence.
Enssner Zeitgeist Translations GmbH shall ensure that the interpreter arrives at the place of deployment on time, except for reasons due to force majeure.
- Enssner Zeitgeist Translations GmbH shall charge the customer the fee for the translation or interpretation service immediately after its completion or provision.
- Enssner Zeitgeist Translations GmbH assures that the customer may use the translation without any restrictions in terms of time and space and without any limitation of quantity in line with the indicated purpose of use. The customer shall also be entitled to edit the translation, as well as to transfer the rights to the translation to third parties by license or otherwise. Enssner Zeitgeist Translations GmbH shall indemnify the customer from all claims of the translator. Copyrighted rights of use to the translation, however, shall not pass to the customer until the fee has been paid in full. The customer guarantees, in turn, that he/she has all rights to the text to be translated and is fully authorized to have the text translated. The customer shall indemnify Enssner Zeitgeist Translations GmbH from all claims in this regard.
Where any interpretation service is rendered, check against delivery shall apply, i.e. the product shall be intended for immediate hearing. If any radio/television/Internet transmission or even any subsequent playback option is envisaged, it should be noted that the interpretation may generally be recorded and reused. In any case, however, this must be agreed upon in writing with Enssner Zeitgeist Translations GmbH in advance and may also entail a separate fee.
- The following shall apply with regard to any possible Internet failures or problems with the services of other providers that are beyond the control of Enssner Zeitgeist Translations GmbH: to the extent that any communication by e-mail is provided for in these terms and the customer might reckon on a response from Enssner Zeitgeist Translations GmbH according to the circumstances of the given case, but such response fails to materialize, the customer shall be obliged to advise Enssner Zeitgeist Translations GmbH in another suitable manner (e.g. by telephone or fax). Due to the communication in electronic form between the customer, Enssner Zeitgeist Translations GmbH and the translator, 100% confidentiality can, unfortunately, not be guaranteed. In particular, it cannot be ruled out that e-mails may be lost without this being noticed or intercepted, counterfeited or falsified by third parties. The customer shall be free to request transmission by fax, letter or courier against reimbursement of the costs.
Without prejudice to the foregoing paragraph (loss or manipulation of data beyond the control of Enssner Zeitgeist Translations GmbH), Enssner Zeitgeist Translations GmbH shall keep secret any facts and circumstances having become known to it whilst performing the contract, unless Enssner Zeitgeist Translations GmbH is obliged to disclose such information due to any regulatory or judicial order, statutory regulations, etc. The service providers (translators, interpreters, etc.) employed by Enssner Zeitgeist Translations GmbH are likewise be obligated by Enssner Zeitgeist Translations GmbH to maintain the same level of secrecy.
- If any parts of these terms are or become ineffective, this shall not affect the effectiveness of the remaining parts. The contractual relationship between Enssner Zeitgeist Translations GmbH and the customer shall be governed exclusively by German law, to the exclusion of the CISG.
As far as this is legally admissible, Schweinfurt shall be the place of exclusive jurisdiction.
Effective: October 29, 2021