1 Scope of application
These general terms and conditions apply to all business relationships between Carina Lorenz (CLTranslations) – hereinafter referred to as “CLT” – and the customer. CLT reserves the right to alter or change any provision of these general terms and conditions. In case of changes to the customer’s disadvantage, he may terminate this contractual relationship without any notice within four weeks after receipt of the change notification. Otherwise all changes and alterations will come into effect. All assignments and service performances are subject to these general terms and conditions. Assurances, side or additional agreements as well as changes and alterations to these terms and conditions shall be made in writing. The customer’s general terms and conditions are only binding to CLT in case of her prior written consent.

2 Conclusion of contract
CLT shall start processing an order/assignment after written confirmation by the customer only. For completing the customer’s order in top quality and to his utmost satisfaction, CLT requires the following information in  writing and in advance: intended use and purpose of the translation/document (e.g. internal use, for publication, strictly confidential…), deadline for delivering the individual documents or the entire project to the customer, information on structure and format of the final document (PDF, Word file…) and any other important information (corporate design, logo, glossary, images, tables, charts…) to be considered as well as precise information on the method of delivery (via email, print-out or computer readable data carrier via courier or mail…). Unless otherwise agreed, estimates and quotations by CLT are not binding and subject to changes. Furthermore, the customer will name a contact person who CLT may refer to at any time for questions and further information. CLT disclaims any liability for errors arising from non-compliance with these obligations.

3 Rendering of services
CLT undertakes to execute the assignment/order to the best of her knowledge and ability. She shall take into consideration any specifications given by the customer (e.g. use of certain terminology), insofar as she considers this sensible. Any additional services such as post-formatting, language/voice recording, layouting and formatting etc. are not included in the general services and may be ordered separately. Proofreading is available for all translations upon request. Otherwise the customer shall be responsible for the proofreading of all documents translated by CLT. All before-mentioned additional services shall be separately agreed in writing and will be invoiced separately.  
If the customer does not provide any specifications or documents (glossaries, pre-translations...) when ordering, all (technical) terms will be translated into the generally accepted, lexicographically justifiable and commonly understood version.

4 Copyrights and other property rights
The customer assures that none of the language services assigned to CLT and their future use by the customer will infringe any copyrights or other third party property rights. In case of infringement, the customer shall indemnify CLT from any claims for damages, liability, expenses, and costs. Unless otherwise agreed, CLT reserves the right – unlimited in time and space – to reuse any material (e.g. glossaries) compiled during the assignment without any restrictions and the customer agrees that such material shall remain the property of CLT.

5 Performance and transfer of risk
Unless otherwise agreed, CLT delivers all written or other services unencrypted via remote data transmission or via email. The risk of unintended loss is transferred to the customer upon transmission via email or handing over the documents/data carrier to the post office/courier. CLT will do her utmost to replace lost mail or courier items, however, no legal entitlement shall be constituted. In such a case the customer has no right to claim damages for lost items or late delivery. 

6 Terms of payment
Unless otherwise agreed, payment is due ten days from the date of invoice to the bank account stated on the invoice or via personal cheque. Any banking fees applicable in this case shall be taken care of by the customer. Other ways of payment are acceptable, if agreed on in writing in advance. Late payment will be subject to interest rates according to §288 of the German Civil Code. If the agreement is between CLT and a business customer, any right of detention for payments is excluded. In such a case the customer may not offset other claims, unless they are undisputed and legally recognised. The right of detention for agreements with private customers is subject to regulations of §309 German Civil Code.
If partial delivery was agreed on, separate invoices for every part of the assignment shall be issued along with the respective partial delivery. For substantial assignments, CLT reserves the right to demand an adequate advance payment from the customer in order to cover expenses. In some special cases, final delivery of the translation or the language service may be subject to cash in advance (delivery versus payment). All services and associated rights (copyright and all rights of use in translations, documentations etc. by CLT) shall remain the property of CLT until receipt of full payment. 

7 Purchase commitment / notification and rectification of defects
Both in business and non-business transactions, obvious defects need to be reprehended immediately after receipt of the delivery in writing including a full list of defects. If CLT does not receive a written notification of defects within seven days, the service is deemed to be rendered and fulfilled in the contractual sense. CLT does not assume any liability for damages arising from unchecked forwarding/publication of the delivered texts. CLT reserves the right to rectify defects and allows the customer to claim rectification of any defects possibly contained in the translation/other services. The customer needs to assert his claim for rectification providing detailed and precise information about the respective defect. In case the rectification or replacement delivery fails, legal warranty rights shall revive, unless otherwise agreed. 

8 Warranty / Disclaimer
If a translation or any other service should contain faults or mistakes, the customer is entitled to rectification or regeneration within an appropriate period of time. After two failed rectifications or regenerations by CLT, the customer is entitled to price reduction or withdrawal from the assignment. CLT’s liability for damages in case of failure suffered by the customer is, if any, even if this failure also implies a tort, restricted to the damage that is provable and a direct result of that failure, with the principal sum of the order as a maximum. Ambiguity of texts that are to be translated exonerates CLT of any liability. Nor is she liable for damage that the customer suffers as a result of errors, defaults, wrong use of idioms or other mistakes, unless CLT can be seriously blamed. CLT shall not be liable for any damages due to negligent breach of the service obligations as stated in the customer’s order. CLT shall not be liable for losses of profit and turnover ensuing from her possible defaults suffered by the customer. CLT shall handle any material (written documents...) entrusted to her by the customer with the utmost care. However, CLT shall not be liable for damage arising from destruction, loss or damage, except in case of intent or gross negligence. In cases when she has to work with costly or irreplaceable unique documents, the customer must therefore see to insurance.

9 Data protection
The customer allows CLT to store personal and corporate data for administration purposes in the sense of data protection. 

10 Confidentiality / professional secret
CLT guarantees to generally handle all orders and assignments strictly confidential. The customer, however, is aware that CLT renders services and translations to other companies that might be competitors. For the purpose of terminology research, parts of the submitted documents may be quoted by CLT, unless otherwise stated by the customer. Communicating via email it is not possible to safeguard transmitted information against unauthorised third-party access. CLT will make every effort to protect the customer’s data, however subject to this limitation.

11 Force majeure
In the event of a Force Majeure, CLT shall notify the customer without delay, indicating the circumstances. Force Majeure shall entitle both CLT and the customer to withdraw from the agreement/assignment, but in any event, the customer undertakes to pay CLT for work already completed. Force majeure shall be lockout, strike, industrial dispute, natural disaster, civil commotion, acts of war, computer failure, and any other situation which can be shown to have affected CLT’s ability to deal with the assignment as agreed.

12 Reservation of proprietary rights
CLT shall reserve all proprietary rights in translations and other language services until full payment has been received from the customer. Prior to the receipt of full payment, the customer is not entitled to use or publish the translation or parts of it.

13 Applicable law / court of jurisdiction
All orders and assignments as well as claims arising therefrom are governed by German law.
Unless agreed otherwise in writing, any disputes shall be settled according to the law and in the courts of CLT’s place of residence.

14 Saving clause
If any provision of this contract is held unenforceable, then such provision will be substituted by the most suitable clause according to the parties' intention. All remaining provisions of this contract shall remain in full force and effect.