General Terms and Conditions

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1.1. These General Terms and Conditions (hereinafter referred to as "GTC") exclusively apply to all legal transactions between the client and the language service provider. The version valid at the time of contract conclusion is decisive. The language service provider enters contracts solely based on the following conditions. The client explicitly acknowledges that they have taken note of these GTC as legally binding, making them part of the contract. This applies even if the client refers to their own general terms and conditions.

1.2. These GTC also apply to all future contractual relationships, even if they are not expressly referred to in supplementary contracts.

1.3. Any conflicting general terms and conditions of the client do not form part of the contract, unless explicitly acknowledged in writing by the language service provider.

For the interpretation of these General Terms and Conditions (GTC), the following documents are applicable in the following order:

2.1. The ÖNORM EN ISO 17100 Translation Services - Requirements for Translation Services, in its currently valid version.

2.2. The ÖNORM D1202 Translation Contracts, in its currently valid version.

3.1. The language service provider offers linguistic services to the client, which include but are not limited to: translation, interpreting (consecutive and simultaneous), written and sign language interpreting, software localization, dubbing services, dubbing script writing, subtitling, linguistic supervision, linguistic quality assurance, project management, and planning and execution of other services related to language or additional services as needed.

3.2. The language service provider commits to performing all assigned tasks to the best of their knowledge and according to general standards for language service providers, as well as principles of economic efficiency. However, the language service provider does not guarantee a specific outcome. They are not responsible for ensuring that their service fulfills the client’s intended purpose; this responsibility lies solely with the client.

3.3. The client agrees to inform the language service provider, when submitting the source text for the offer, about the intended use of the translation, such as whether it is:

3.3.1. Intended for a specific target country,

3.3.2. Intended for informational purposes,

3.3.3. Intended for publication or advertising,

3.3.4. Or any other purpose where the nature of the translation is significant for the provider.

3.4. The client may only use the translation for the specified purpose. If the client uses the translation for a purpose other than the agreed one, the language service provider is not liable, even if the service does not comply with general standards for language service providers.

3.5. Unless otherwise agreed, translations are to be delivered by the language service provider in a single copy in electronic form.

3.6. If the client wishes to use a specific technology, they must inform the language service provider. If the technology is not commonly used by language service providers (e.g., Auto-CAD or web content applications), the client must provide access to the required technology.

3.7. The accuracy of the source text, both technically and linguistically, is solely the client's responsibility and will not be reviewed by the language service provider.

3.8. The language service provider is entitled to subcontract the work to qualified individuals, but they remain the sole contracting party responsible to the client.

3.9. The name of the language service provider can only be associated with the published translation if the requested text was translated by them, and no changes were made without their consent.

4.1. Prices for language services are based on the provider's pricing lists, which apply to the specific type of service performed and adhere to international best practices.

4.2. The calculation basis depends on the agreed-upon terms (e.g., target text/source text, hourly rate, number of words, pages, lines).

4.3. A cost estimate is only binding if it is provided in writing after submission of the documents to be translated. Any other form of cost estimate is considered non-binding and for guidance only.

4.4. Estimates are made to the best of the provider’s knowledge but may be subject to change. If costs exceed the estimate by more than 15%, the provider will inform the client promptly. For unavoidable cost increases up to 15%, no notification is required, and the provider may bill these without notice.

4.5. Unless otherwise agreed, changes to the project or additional orders will be charged at reasonable rates.

4.6. The value of the payment claim, including ancillary costs, is tied to an index. The calculation is based on the Consumer Price Index published monthly by the Austrian Central Statistics Office or any substitute index. The index figure for the month of contract conclusion serves as the reference. Variations of up to 2.5% in either direction will be disregarded. Any adjustment beyond this range will result in a new calculation for both the claim amount and the allowable range for future adjustments. Collective wage or salary increases or decreases also entitle the provider to adjust prices retroactively.

4.7. Unless otherwise agreed, an appropriate fee will be charged for reviewing translations done by third parties.

4.8. Reasonable surcharges may be applied for rush or weekend work, or short turnaround times, subject to agreement.

4.9. The language service provider has the right to request an appropriate advance payment.

4.10. If partial payment is agreed upon (e.g., for partial deliveries or advance payments), the provider may halt work on ongoing projects if the client falls behind on payments. The provider will inform the client promptly of any such suspension.

5.1. The delivery date is to be agreed upon between the language service provider and the client. The delivery date is an essential component of the contract. If no delivery date is set, the service must be provided within a reasonable time. Should the provider be unable to meet the deadline, the client must be informed immediately and given a new estimated delivery time.

5.2. Compliance with the delivery date, particularly in time-sensitive cases, depends on the timely receipt of all documents and information from the client (e.g., source texts, background information) in the correct format, as well as adherence to payment terms for partial deliveries. If the client delays providing the necessary materials or payments, the delivery deadline will be extended accordingly. In urgent cases, the provider will assess whether the agreed deadline can still be met. If additional express or weekend work is needed to meet the deadline, the provider will notify the client immediately. If the client cannot be reached, such additional charges will still apply.

5.3. If the service is not performed due to reasons attributable to the client (e.g., failure to provide documents or non-cooperation), the provider is entitled to charge a cancellation fee of 50% of the agreed service price. No deductions will be made for any savings or alternative work the provider might have obtained.

5.4. The risks associated with the transmission of documents from the client to the provider are borne by the client, while the risks associated with the delivery of the service are borne by the provider.

5.5. Unless otherwise agreed, the documents provided by the client remain with the provider after completion. The provider must ensure that these documents are stored securely, maintaining confidentiality and preventing unauthorized access or misuse.

6.1. In cases of force majeure, the provider must notify the client immediately. Both parties are entitled to withdraw from the contract, but the client must compensate the provider for any expenses or services already provided.

6.2. Force majeure includes events such as labor disputes, acts of war, civil unrest, or other unforeseen circumstances that significantly impair the provider's ability to fulfill the contract.

7.1. The provider is obligated to maintain confidentiality regarding all business matters of the client, especially trade secrets.

7.2. The provider may share confidential information with subcontractors but must ensure that they are also bound by confidentiality.

7.3. The confidentiality obligation is limited to five years after the contract ends.

7.4. The provider may process and store personal data within the scope of the contract and must delete such data after the contractual or legal obligations (e.g., accounting records) are fulfilled.

7.5. The client consents to the processing of contact details for communication purposes, including marketing messages, which can be withdrawn at any time.

7.6. The client has the right to request the deletion of personal data under data protection laws, provided no legal obligation to retain it exists.

8.1. All defects must be documented and reported in writing by the client within one week of delivery.

8.2. The client must grant the provider a reasonable opportunity to correct defects. If the provider remedies the defects within this period, the client is not entitled to a price reduction.

8.3. If defects are not remedied within the agreed time, the client may withdraw from the contract or request a price reduction, though minor defects do not entitle the client to cancel.

8.4. Warranty claims do not justify withholding the full payment, only a reasonable portion.

8.5. For translations intended for publication, the provider is liable for defects only if the client expressly indicates this in writing and submits proof copies for final review. The client is responsible for the additional cost of this review.

8.6. No warranty is provided for illegible or incomprehensible source texts, or for the review of third-party translations.

8.7. Stylistic improvements and terminological adjustments do not constitute translation defects.

8.8. No liability is assumed for the use of abbreviations not specified or explained by the client.

8.9. The provider is not liable for the correct rendering of names or addresses from non-Latin scripts. It is recommended that the client provide such information in Latin script.

8.10. Numbers are reproduced as in the source text, and the client is responsible for conversions of units, currencies, etc, unless otherwise agreed upon.

8.11. The provider is liable for the safekeeping of source texts and other materials provided by the client for up to four weeks after completion. There is no obligation to insure these items.

8.12. The provider will use the latest technology for digital transmission of texts but cannot guarantee or be liable for any resulting issues, such as confidentiality breaches, unless due to gross negligence.

9.1. All claims for damages are limited to the net invoice amount, unless gross negligence or intent is proven, or damages result from a translation error causing personal injury under the Product Liability Act.

9.2. Claims for damages must be asserted in court within six months of the discovery of the damage and the liable party, and no later than 12 months after the contract's completion.

9.3. If the translation is used for a purpose other than that specified by the client, the provider is not liable for any resulting damages.

10.1. All documents provided to the client in connection with the assignment remain the property of the language service provider until all liabilities arising from the contract have been paid in full.

10.2. Any documents not included in the assignment, such as translation memories, terminology databases, parallel texts, software, brochures, catalogs, and reports, as well as all cost-incurring documents like literature or scripts, remain the intellectual property of the language service provider and are protected by the relevant legal provisions. Redistribution and duplication may only occur with the language service provider's consent.

10.3. Translation memories created during one or more assignments are—unless otherwise agreed—the property of the language service provider. If the client wishes to receive these, it constitutes an additional assignment and must be compensated accordingly.

10.4. Translation memories and terminology databases provided by the client remain—unless otherwise agreed—the property of the client.

11.1. The language service provider is not obligated to verify whether the client has the right to translate or have translated the source texts. The client expressly assures that they hold all rights necessary for the execution of the assignment.

11.2. For copyrighted translations, the client must specify the intended use. The client acquires only those rights corresponding to the specified purpose of the translation.

11.3. For certain language services, the language service provider remains the intellectual creator of the language service and therefore has the right to be named as the author. Upon full payment of the fee, the client acquires the agreed usage rights to the language service. The name of a language service provider may only be attached to a published text or part of a text if the entire service is unchanged and originated from the provider or with the provider’s subsequent consent in case of modifications.

11.4. The client is obliged to indemnify the language service provider against all claims made by third parties arising from infringements of copyright, neighboring rights, other industrial property rights, or personality rights. This applies even if the client has not specified the intended use or if the translation is used for purposes other than those specified. The language service provider will promptly notify the client of such claims and inform them of any legal proceedings. If the client does not join the proceedings as a co-defendant after being notified, the language service provider is entitled to acknowledge the claimant’s claim and to seek compensation from the client regardless of the legality of the acknowledged claim.

12.1. Payment shall be made, unless otherwise agreed, upon delivery of the language service and after invoicing, within the time frame specified on the invoice.

12.2. The language service provider is entitled to request an appropriate advance payment.

12.3. If pickup is agreed upon and the translation is not collected by the client in a timely manner, the client's payment obligation arises on the agreed pickup date.

12.4. In case of payment delay, the language service provider is entitled to withhold provided documents (e.g., manuscripts to be translated). If the payment delay on the client’s end exceeds one week of the time frame specified for payment on the invoice, the provider is entitled to charge an additional delay fee of up to 25% of the invoice amount, and reasonable reminder fees can be charged.

12.5. In case of non-compliance with the payment terms agreed between the client and the language service provider (e.g., advance payment), the language service provider is entitled to suspend work on other assignments from the client until the client meets their payment obligations. This also applies to assignments with a fixed delivery date (see 5.1.). The client will not have any legal claims arising from the suspension of work, and the language service provider's rights will not be prejudiced in any way.

13.1. The invalidity of individual provisions of these terms and conditions does not affect the validity of the contract.

13.2. Should any provision be invalid or unenforceable, both parties agree to replace it with a legally permissible, effective, and enforceable provision that comes closest to the economic intention of the provision being replaced.

14.1. All amendments, additions to these General Terms and Conditions, and other agreements between the client and the language service provider must be in writing.

15.1. The place of performance for all contractual relationships subject to these terms and conditions is the business location of the language service provider.

15.2. The court competent at the location of the language service provider shall have exclusive jurisdiction for all disputes arising from this contractual relationship.

15.3. Austrian law applies.