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General Terms & Conditions

1. Area of Application

These General Terms and Conditions are applicable for agreements between Textmission GbR and the ordering party unless otherwise exclusively agreed, or required by law.
General Terms and Conditions of ordering parties are only binding for Textmission GbR if they have been explicitly accepted.

2. Size of Order

The placed order is carried out accurately according to adequate and orderly principles of professionalism. The customer receives the final product as stipulated by the order.

3. Cooperation and Duty of Disclosure of the Ordering Party

It is the obligation of the customer to duly inform Textmission regarding desired embodiments and styles of the required product (purpose, delivery on storage media, number of copies, preparation for press release, exterior appearance of the translation or the produced text etc.). If the end-product is meant to be published, the customer will provide Textmission a galley proof in due time before printing, in order to enable Textmission to correct any errors that might occur. Names and numbers need to be checked by the customer.
Any information and any documents necessary for the creation of the text will be put at the disposition of Textmission by the customer upon awarding the order (customer terminology, images, figures, tables, abbreviations, etc.).
Any errors and delays resulting from an insufficient or delayed supply of information material or instructions will not be at the expense of Textmission.
The customer assumes liability for the rights on texts and graphical material and guarantees that editing is permitted. The customer indemnifies Textmission from third party claims.

4. Rights of the Ordering Party in Case of Defects

Textmission reserves the right for supplementary performance. In the first instance the customer is only eligible for the rectification of deficiencies contained in the translation or the edited text.
Further claims for supplementary performance need to be asserted by the customer under the exact specification of the deficiency.
If Textmission does not remedy the asserted deficiencies within an adequate period of time, declines the remediation of defects or if the remediation of defects is regarded to have failed, the customer has the right, after hearing the justification of the contractor, to have the deficiency corrected by another translator or editor at the expense of the contractor or alternatively to claim a decrease in remuneration or to withdraw from the contract. The remediation of deficiencies shall be deemed to have failed if the translation/the end product continues to be defective even after several attempts to correct the deficiencies.

5. Liability

Textmission can be held liable if it can be ascertained that negligence or premeditation occurred. Damages caused by computer breakdowns, errors in the transmission of data, during sending of e-mails or regular postal deliveries are not classified as negligence. Liability in case of slight negligence is exclusively valid in case of the violation of primary obligations.
Claims of the customer held against Textmission regarding compensation of a caused damage pursuant to No. 5 (1) Section 3 are limited to 2.000 EUR; In an individual case the exclusive agreement on a higher indemnity claim is possible.
The exclusion of liability or its limitation pursuant to No. 5 (1) and (2) shall not be applicable for damages of a consumer resulting from a violation of life, body or health.
Claims of the customer held against Textmission regarding any deficiency (§ 634a German Civil Code [BGB]) become time-barred, inasmuch as no fraudulent intent exists, one year after the acceptance of the translation/text.
Liability for consequential damage caused by deficiencies is restricted to the limitation period despite § 634a BGB. § 202 para. 1 BGB shall remain unaffected thereof.

6. Professional Secret

Textmission GbR undertakes to observe secrecy regarding all information revealed in relation with all actions performed for the customer.

7. Contribution of Third Parties

For the execution of orders Textmission is entitled to consult freelancers or specialized third parties.
Textmission ensures, upon consulting of freelancers or specialized third parties, that these obligate themselves to observe secrecy according to No. 6.

8. Remuneration

The invoices issued by Textmission are due and payable strictly net without any deduction within 14 days of the date of invoice.
All prices are net prices.
Additionally to the agreed remuneration, Textmission holds the claim for refund of the properly incurred expenses agreed upon with the customer. In all cases the VAT will be invoiced additionally, if legally binding. In case of extensive translations or projects, Textmission is entitled to claim an adequate advanced payment. Textmission GbR can stipulate in writing with the customer that the final deliverable will be handed over to the customer only after the full remuneration has been received by Textmission.
If the amount of the remuneration has not been stipulated, an adequate and customary payment according to the degree of complexity and difficulty is due. This remuneration does not fall below the respectively effective rates stipulated in the German Judicial Remuneration and Compensation Act (JVEG).

9. Copyright and Reservation of Proprietary Rights

The final product remains the property of Textmission until full payment has been effected. Hitherto the customer is not granted any rights of use.
Textmission reserves all rights regarding potentially originated copyrights.

10. Right of Withdrawal

Inasmuch as the placing of the order is based on Textmission offering the production of translations and other text editing on the internet, the customer waives their right of withdrawal in the case that Textmission has already started the text production or translation and has informed the customer thereof.

11. Applicable Law

For the order and all resulting claims thereof the applicable law shall be German.
The contractual language is German.
The place of jurisdication is Elmstein.

12. Severability Clause

If a provision of these General Terms and Conditions is or becomes invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of these General Terms and Conditions or the validity or enforceability in other jurisdictions of that or any other provision of these General Terms and Conditions. The invalid provision has to be replaced by a valid provision, which shall be similar to the economic result or intended purpose.

13. Changes and Amendments

Changes and Amendments to these General Terms and Conditions are only applicable if they have been explicitly agreed upon in writing.