Our data protection practice is in accordance with the German Federal Data Protection Law (BDSG) and the German Telemedia Act (TMG).
Collection and use of your personal data
To carry out your order properly, the data necessary for the business transaction will be saved by us and, if necessary, passed on to companies contracted by us to carry out part of the service. If you lose your documents, please contact us. We would be happy to send you a copy of the order. Your personal data will not be passed on to unauthorised third parties outside our company as a matter of principle. To protect our legitimate interests for credit assessment purposes, we may pass on your name and address to a debt collection agency or lawyer.
Your right to information
You are entitled to ask for written information on all the personal data we have saved concerning you, free of charge. When you receive this information, we will carry out any necessary corrections or deletions immediately to the extent permitted by law.
General Terms and Conditions of Business
Area of application
These General Terms and Conditions of Business apply to all business relations between Susan Bispham, English Language Services (hereinafter referred to as SB) and her clients in the version valid at the time of contract conclusion. They apply to the entire duration of the business association. Deviations, supplementary agreements and other agreements require special written agreement between the client and SB.
Conflicting terms and conditions
Only the terms and conditions provided by SB can form part of the contract. The client's terms and conditions are only binding for SB if she has specifically agreed to them in writing.
Order processing/Description of services/Prices
- aa) range from translation services in accordance with the proper practice of the profession,
- bb) to proofreading of English texts
- cc) as well as editing of existing English texts
- dd) and English language training
- ee) we expressly reserve the right to appoint competent third parties to assist in the fulfilment of our obligations. We ensure that the competent third party is selected according to our best judgement. Careful selection is assured when the contracted third party is a translator/interpreter who is a member of the German Federal Association of Interpreters and Translators (BDÜ).
The placing of an order is to be made exclusively in writing whereby the sending of an e-mail is considered sufficient. The client's personal signature is not required. When the order has been placed, the client will receive a written order confirmation, normally by e-mail. If the client approaches SB with a request for an order, we will send him/her a written offer once his/her detailed requirements have been clarified. If no period for acceptance is indicated on the offer, a period of 14 days applies from receipt of the offer by the client. The work detailed in the offer will only be commenced when SB has sent a written order confirmation.
Supporting documents/ Rights of third parties/ Client's duty to cooperate and provide information
The translation/assignment will be carried out by SB carefully in accordance with proper professional practice. When the assignment has been completed, the client receives the contractually agreed version of the translation or agreed service from SB.
If the client wishes the translation or assignment to be delivered in a particular form by SB, the client is to inform SB of this fact in good time before completion of the assignment. This includes the placement of translations on data carriers, a particular number of copies, a particular end-use, a document ready for printing, particular external form of the translation. If the translation provided by SB is to be printed, the client is to provide SB with a proof so that any errors can be corrected prior to printing. The client, however, also has an obligation to check the text as far as numbers and names are concerned.
The information and support documents required by SB to carry out the service are to be provided by the client in good time and without being specifically asked to do so. This particularly applies to client glossaries, illustrations, drawings, tables, abbreviations, in-house terminology, etc.
If the client fails to fulfil his duty to supply information or fails to cooperate and this then results in errors or delays on the part of SB, then the client is solely responsible for such errors or delays.
If the client provides SB with support documents in the form of texts, graphics, pictures or similar, no liability will be assumed for the legally permissible content of the support documents, even when these should form the basis for our completed service. SB reserves the right to check whether the documents supplied by the client are appropriate and if necessary to find fault with them. Should SB find fault with the support documents, the client is either to provide suitable documents or SB will provide suitable documents for an additional charge.
The client is solely responsible for ensuring that the support documents provided are free of third-party rights. In this respect, SB is not obliged to check or point this out. By handing over the documents to SB, the client assumes sole and complete liability for violations of any third-party rights. Should SB receive any claims from third parties relating to the violation of the latter's rights, SB will be indemnified by the client.
The prices for the services offered are shown in the written offer. If additional services are offered which are not contained in the offer, these are to be reimbursed separately.
The prices are listed as net prices (without the legally applicable Value Added Tax). The current Value Added Tax is added to this amount, if legally applicable.
Prices are based on the language combination, the degree of difficulty of the text and the required delivery date.
The punctual provision of the text to be translated or proofread/edited and the necessary support documents such as illustrations etc. as well as a written confirmation of the delivery date on the part of the client are the prerequisites for delivery on time. The processed texts will be sent by e-mail or by post.
SB will strive to comply with the deadline given.
If the client's deadline cannot be met, the client will be informed of this fact immediately and can withdraw from the contract when the deadline has expired. SB assumes no liability for delays resulting from Acts of God.
If an order is cancelled by the client without good cause after it has been issued, the client is obliged to pay in full unless otherwise agreed.
If a client goes into liquidation, receivership, files for insolvency or becomes insolvent, he/she is to inform SB of this fact. SB is then entitled to cancel all agreed projects.
When providing these services, we shall not be liable for any damage apart from gross negligence on our part or intent. The exclusion of liability shall not apply in the case of damage arising from injury to life, body or health. SB points out that damage caused by computer breakdowns and transmission problems when sending e-mails or by viruses normally does not constitute gross negligence on the part of SB. SB shall take measures to avoid this by using anti-virus software and by undertaking regular back-ups and recommends that the client also takes appropriate precautions.
SB is not liable for acts of God such as natural disasters or traffic disruptions or line disturbances or for damage arising from circumstances for which SB is not responsible and which are beyond the control of SB.
If a service provided by SB is considered deficient in accordance with statutory provisions, the liability of SB for financial loss is restricted to the value of the relevant order, as far as is legally permissible. An important indicator in this respect is the amount of the agreed fee.
SB undertakes to keep all data strictly confidential, to only use it for the purposes of the contracted service and under no circumstances to hand it over to third parties. This applies during the processing of the service and for an undetermined period beyond. If SB appoints third parties to assist in completion of the order, these third parties also ensure confidentiality.
As the communication between SB and the client takes place electronically, complete confidentiality cannot be guaranteed. It cannot be completely ruled out that unauthorised third parties gain access to texts transmitted via networks. SB does not assume liability for such access and their consequences.
Warranty/Notification of defects/Liability
The statutory warranty applies.
The client is obliged to make a final check of SB's service. He/she must notify any mistakes immediately following completion of the service, although at the latest after three working days (receipt by SB). When this period has elapsed, the service can be regarded as having been approved and free of mistakes.
Saturday is not considered to be a working day. If the client does not comply with the notification of mistakes within the prescribed time limit, he/she forfeits all claims for defects.
Payment conditions, place of jurisdiction and place of fulfilment
The service is to be paid for at the latest 14 days after receipt of the invoice, unless otherwise agreed in writing. The invoice is considered as received from the third working day following despatch (date of posting). Saturday is not considered to be a working day
In addition to the agreed fee, SB can also claim reimbursement of expenses actually incurred and agreed with the client. The legally applicable Value Added Tax will also be charged if legally required.
SB is entitled to demand an appropriate advance payment for lengthy translations. SB will decide what is appropriate in this respect. Similarly, invoices can be sent to the client for completed sections of the entire service.
In justified cases, especially when payment has previously been delayed or the client has demonstrated poor creditworthiness, SB can make completion of the service dependent on prior payment of the full fee.
The place of fulfilment is the office of SB. The place of jurisdiction is Bad Kreuznach. The contract language is German.
Reservation of property rights and copyright
The delivered translation and the copyright thereto shall remain the property of the translator until all corresponding invoices are paid in full. The client has no right of use until that time. Receipt of payment by SB is the decisive factor in this respect.
SB shall own the copyright in as far as such a copyright legally exists.
If any individual terms of business are invalid or unenforceable, the validity of the remaining provisions is unaffected.