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1.1. These Terms and Conditions govern the content and execution of contracts for translation and interpreting services between the customer (hereinafter referred to as the “Client”) and the translator, interpreter, or language service provider (hereinafter referred to as the “LSP”) as the contractor.
They apply in their current version to all present and future business relationships.
1.2. The provisions of Part A apply to translation services, the provisions of Part B apply to interpreting services, and Part C of these GTC applies to all language services, waiving the application of the client’s own GTC. These GTC are written in German, and any translations into other languages shall not be used for their interpretation.
2.1. The client shall support SDL as the translator as far as possible and as is reasonable for the assignment by providing the documents and information necessary for the performance of the service; the following may be necessary for this purpose:
2.2. The client also undertakes to inform the translator of the intended use of the translation before submitting a quote, e.g. whether the translation is
2.3. In addition, the client must provide the translator in advance with the names of competent
contact persons who are available to answer any questions.
2.4. The translator shall clarify any obvious deficiencies (e.g., contradictory information, etc.) in the source text with the client and may draw the client’s attention to any typos or other errors.
2.5. The client is solely responsible for the technical and linguistic accuracy of the source text. The translator shall not be held liable for any deficiencies resulting from insufficient specifications, linguistic and terminological inaccuracies in the source text, etc.
2.6. The translator shall reproduce numbers only as they appear in the source text. The client shall be solely responsible for the conversion of numbers, units of measurement, currencies, and the like.
2.7. For the correct reproduction of names and addresses in documents that are not written in Latin script, the client must specify the spelling of names and proper names in advance on a separate sheet in Latin block letters.
2.8. The exclusive use of machine translation by the translator in the preparation of the translation is excluded.
2.9. The target texts shall be transmitted by means of data transfer (e.g., email).
3.1. The scope of services provided to the client shall generally comprise translation only. 3.2. Any value-added services shall be agreed and remunerated separately (special formats, proofreading, CMS, project management, machine translation with subsequent post-editing, post-editing of a machine translation created by the client, etc.).
3.3. For texts that can be edited with standard Office applications, the formatting of the source text shall be retained. Unless otherwise agreed, translations shall be delivered by the translator in electronic form, whereby the client shall grant the translator access to the technologies requested by the client if a translation is to be delivered in an electronic form other than via email.
3.4. The translator undertakes to perform all assigned tasks to the best of their knowledge and belief and in a timely manner. The translator is not obligated to achieve a specific result or to ensure that the service fulfills the purpose desired by the client.
3.5. The client may only use the translation for the specified purpose. In the event that the client uses the translation for a purpose other than that agreed (2.2.), the translator shall not be liable in this regard.
3.6. The translator has the right to pass on the order to equally qualified translators as substitutes. In this case, however, he/she remains the exclusive translator and contractual partner of the client.
3.7. A cost estimate is only considered binding if it has been prepared in writing (in the original, by fax, or by email) after submission of the documents to be translated and has been expressly designated as such. Other cost estimates are always considered non-binding guidelines. The cost estimate is prepared to the best of the translator’s knowledge, but no guarantee can be given for its accuracy. If, after the order has been placed, costs increase by more than 15%, the translator shall notify the client immediately. In the case of unavoidable cost overruns of up to 15%, separate notification is not required. These may be invoiced by the translator without consulting the client.
4.1. The respective agreement between the client and the translator shall be decisive with regard to the deadline for delivery of the translation. If the delivery date is an indispensable part of the order accepted by the translator that cannot be extended by a reasonable grace period, and if the client has no interest in a delayed delivery (“fixed-date transaction”), the client must announce this in advance.
4.2. The client and translator must agree on the following deadlines:
4.3. The prerequisite for compliance with the delivery deadline and the delivery date, even in the case of a fixed-date transaction, is the timely receipt of all documents to be supplied by the client in the specified scope (e.g., source texts and all necessary background information documents) and compliance with the agreed terms of payment and other obligations. If these conditions are not met in good time, the delivery period shall be extended accordingly by the period by which the necessary documents were made available to the translator late; in the case of a fixed-date transaction, it is the translator’s responsibility to assess whether the agreed delivery date can be met even if the documents are provided late by the client. Failure to meet the delivery deadline entitles the client to withdraw from the contract only if the above conditions are met and a fixed-date transaction has been expressly agreed.
4.4. The risks associated with the delivery (transmission) of the translation and the documents shall be borne by the client.
4.5. Unless otherwise agreed, the documents provided by the client to the translator shall remain with the translator after completion of the translation order. The translator shall ensure that these documents are kept for a period of four weeks after completion of the translation order. After this period, the translator is entitled, but not obliged, to destroy the documents.
4.6. For the duration of the storage period, the translator is obliged to store the documents in such a way that unauthorized persons have no access to them, the confidentiality obligation is not violated, and the documents cannot be used in breach of contract.
5.1. Unless otherwise agreed, the prices for translations are determined according to the translator’s rates (price lists) applicable to the respective type of translation.
5.2. The basis for calculation shall be the agreed basis, e.g.: standard lines (55 characters including
spaces), words, hourly rate, target text, source text.
5.2.1. Unless otherwise agreed, changes to orders or additional orders may be
invoiced at reasonable prices.
5.2.2. A reasonable fee shall be charged for the review of external translations.
5.2.3. The translator shall be entitled to reasonable reimbursement of costs for proofreading texts.
5.2.4. Reasonable surcharges may be charged for express and weekend work, which
must be agreed in advance.
5.3. Unless otherwise agreed, the translator’s services are payable in full upon delivery of the translation. If collection has been agreed and the client does not collect the translation on time, the client’s payment obligation shall arise on the day the translation is made available for collection.
5.4. The translator is entitled to demand a reasonable advance payment.
5.5. If payment is delayed, the translator is entitled to retain the translation and any order documents provided (e.g., manuscripts to be translated). In the event of late payment, interest on arrears at a reasonable rate (8% above the base rate) and reasonable reminder fees shall be charged.
5.6. If partial payments (e.g., a payment on account) have been agreed between the client and the translator, the translator shall be entitled, in the event of late payment by the client, to suspend work on the orders in their possession without legal consequences for the translator and without prejudice to their rights until the client has fulfilled their payment obligations. This also applies to orders for which a fixed delivery time has been agreed (fixed-date transaction in accordance with sections 4.1 and 4.3).
6.1. All defects must be explained and proven by the client in sufficient detail in writing (error log). The client must report obvious errors in the translation within one week of receiving the translation.
6.2. In order to remedy the defects, the client must grant the translator a reasonable period of time and opportunity to rectify and improve their services. If the defects are remedied by the translator within a reasonable period of time, the client shall not be entitled to a price reduction or termination of the contract.
6.3. If the translator refuses to make improvements or allows the reasonable grace period to elapse without remedying the defects, or if the improvement would cause the client considerable inconvenience, the client may withdraw from the contract (termination of the contract) or demand a reduction in the fee (price reduction). In the case of minor defects, there is no right to terminate the contract (§ 932 (4) ABGB).
6.4. Warranty claims do not entitle the client to withhold the entire invoice amount, but only a reasonable part thereof. The client also waives the option of offsetting.
6.5. For translations used for printed works in any form, the translator shall only be liable for defects if the client expressly states in writing in their order that they intend to publish the text, and if the translator is provided with proofs up to and including the version of the text after which the client will no longer make any changes.
6.6. The translator shall not be liable for the translation of documents that are difficult to read, illegible, or incomprehensible, for abbreviations specific to the order that were not specified or explained by the client when placing the order, for stylistic improvements or coordination of specific terminology (in particular industry- or company-specific terms) and the correct reproduction of names and addresses in documents that are not written in Latin script. Therefore, no delay shall occur. This also applies to the review of external translations.
6.7. The translator shall be liable for source texts, originals, and the like provided by the client, unless these are returned to the client upon delivery, as a custodian within the meaning of the General Civil Code for a period of only four weeks after completion of the order. There is no obligation to insure. Point 4.5 applies mutatis mutandis to reimbursement.
6.8. Due to technical circumstances, the translator shall not be liable for any defects or impairments (such as virus transmission, breach of confidentiality obligations, damage to files) arising from the transmission of target texts by means of data transfer (e.g., email), unless there is at least gross negligence.
6.9. All claims for damages against the translator, including for consequential damages, are limited to the amount of the invoice (net), unless otherwise required by law. Exceptions to this are cases in which the damage was caused by gross negligence or intent on the part of the translator (i.e., solely by the translation itself, not by the source text) or in cases of personal injury under the Product Liability Act.
6.10. In the event that the client uses the translation for a purpose other than that specified, the translator shall not be liable for damages.
7.1.
All documents provided to the client in connection with the order remain the property of the translator until all liabilities arising from the contract have been paid in full.
7.2. Any documents not included in the order, such as self-created translation memories, terminology lists, scripts, etc., remain the intellectual property of the translator. The documents may only be passed on or reproduced with the translator’s consent. The transfer of translation memories, terminology lists, etc. to the client at their request constitutes an additional order to be remunerated by the client.
7.3. The translator is not obliged to check whether the client is entitled to translate the source texts or have them translated and is therefore entitled to assume that the client has all such rights vis-à-vis third parties. The client therefore expressly warrants that he/she has all the rights necessary for the execution of the order.
7.4. The client is obliged to indemnify and hold the translator harmless against all claims asserted by third parties for infringement of copyrights, ancillary copyrights, other industrial property rights, or personal rights. This also applies if the client has not specified a purpose for use or uses the translation for purposes other than those specified. The translator shall immediately notify the client of such claims and, in the event of legal action, shall give notice of the dispute. If, after giving notice of the dispute, the client does not join the proceedings as a co-litigant of the translator, the translator shall be entitled to acknowledge the plaintiff’s claim and to seek compensation from the client regardless of the legality of the acknowledged claim.
7.5. As the intellectual creator of the translation, the translator remains the author of the translation and is therefore entitled to be named as the author. Upon full payment of the fee, the client acquires the agreed rights of use for the translation. The name of the translator may only be attached to a published text or part of a text if the entire work originates from him/her unchanged or with his/her subsequent consent.
7.6. The translator is bound to secrecy and must also require his/her agents to maintain secrecy to the same extent.
8.1. The interpreter’s fee is due for payment no later than 14 days after the invoice has been sent.
8.2. In the event of cancellation by the client, the client shall reimburse the interpreter for any costs already incurred, as well as:
…40% of the agreed fee if cancellation occurs 4 weeks before the start of the event,
…50% of the agreed fee if cancellation occurs 3 weeks before the start of the event,
…75% of the agreed fee if cancellation occurs 2 weeks before the start of the event,
…100% of the agreed fee if cancellation occurs less than 1 week before the start of the event
.
In any case, hotel or travel expenses already incurred by the contractor shall be reimbursed.
8.3. If the interpreter is prevented from fulfilling the contract, he/she must inform the team leader, who will seek an equivalent replacement. At the request of the team leader, the interpreter may also seek an equivalent replacement himself/herself.
8.4. If the agreed working time is exceeded, the interpreter may charge for overtime.
8.5.
Interpretation is generally intended for immediate listening. Recording or live streaming is not permitted without the prior consent of the interpreter.
Unless expressly agreed otherwise, the copyrights remain with the interpreter. An additional daily fee per interpreting booth will be charged for the recording or live streaming of the interpretation.
8.6. The client undertakes to ensure adequate and state-of-the-art technical, acoustic, and spatial conditions in the interpreting booths and in the conference room, as well as eye contact with the speakers or, in cases where this is not possible, video transmission to the booth.
8.7. The provisions of sections 5.5. to 5.7. apply, taking into account the interpreting service.
9.1. Remote interpreting (RSI for short) refers to the use of an interpreting team via video transmission with the aid of an appropriate IT application, whereby speakers, participants, and the interpreting team are not necessarily located in the same place.
9.2. In the case of RSI, a setting must be chosen that enables the interpreters to provide their services from the client’s location or the event venue. If this is not possible, the interpreting team can work from a hub in booths equipped with conference technology. In this case, the hub operator is responsible for the technology. In any case, the structure and course of the planned event to be interpreted, e.g., online or hybrid, must be clarified in advance.
9.3. If the interpreting team works remotely from their home office, the individual interpreters must have a high-performance broadband Internet connection via Ethernet cable (no Wi-Fi), suitable headsets or headphones, and a directional microphone.
9.4. The client is responsible for selecting and providing the platform, whereby a multi-channel platform suitable for simultaneous interpreting must be used. Web conferencing systems may also be used for consecutive interpreting. In this case, the client must note that the sound requirements for interpreting are much higher than for mere listening.
The client therefore assumes sole responsibility for the functionality of the platform and for secure and encrypted transmission.
9.5. The client shall ensure that all speakers and other persons who will be speaking during the event to be interpreted use headsets or directional microphones so that the sound quality required for simultaneous interpreting is guaranteed and the interpreters can see the speakers clearly in the video transmission. The speakers must be in a noise-protected environment, only one microphone may be active at a time, and the microphones of all other participants must be muted.
9.6. It is recommended that a moderator and
technical support be provided for events with RSI.
9.7. If, despite all precautions, the sound quality is not sufficient for simultaneous interpreting, or if background noise or connection problems make interpreting impossible, the interpreters will point this out and suspend interpreting until the necessary conditions are restored.
9.8. The client and the interpreter or interpreting team shall discuss the setting (online, hybrid) and the technical equipment in advance. In the interests of all parties, all details must be communicated in advance. It must be determined whether training of the interpreters is necessary. A corresponding fee will be charged for training. A test run with the interpreters and a briefing of all participants must be carried out in any case and compensated by a corresponding fee.
9.9. The client shall inform the interpreters in advance whether the interpretation will be streamed, recorded, and/or used. In the event of streaming, recording, and/or use of the interpretation, a fee to be agreed in advance shall be charged for the transfer of copyright.
1.1. The trainer’s fee is due for payment no later than 30 days after the invoice has been sent.
1.2. In the event of cancellation by the client, the client shall reimburse the trainer for any costs already incurred, as well as:
1.2. In the event of cancellation by the client, the client shall reimburse the trainer for any costs already incurred, as well as:
…50% of the agreed fee for cancellations 3 days before the start of the event,
…100% of the agreed fee for cancellations less than 24 hours before the start of the event
…
In any case, the contractor shall be reimbursed for any hotel or travel expenses already incurred.
1.3. If the trainer is prevented from fulfilling the contract, an
equivalent replacement shall be sought.
1.4. If the agreed working hours are exceeded, overtime may be invoiced
.
1.5. Recording or live streaming of the training session is not permitted without the prior consent of the trainer. Unless expressly agreed otherwise, the copyrights remain with the trainer. An additional daily fee per unit will be charged for the recording or live streaming of the training.
1.6. The provisions of sections 5.5. to 5.7. apply, taking into account the interpreting service.
2.1. In the case of online sessions, a setting must be chosen that enables the trainers to provide their services from the client’s location or the venue. If this is not possible, the trainer may work from a hub in booths equipped with conference technology. In this case, the hub operator shall be responsible for the technology. In any case, the structure and course of the planned event, e.g., online or hybrid, shall be clarified in advance.
2.2. If the trainer works remotely from their home office, the individual trainers must have a high-performance broadband Internet connection via Ethernet cable (no Wi-Fi), suitable headsets or headphones, and a directional microphone.
2.3. The trainer is responsible for selecting and providing the platform.
2.3.1. The client shall inform the trainers in advance whether the session will be streamed, recorded, and/or used. In the event of streaming, recording, and/or use of the training, a fee to be agreed in advance shall be charged for the transfer of copyright.
2.4. The trainer accepts no liability in the event of a breakdown or failure of the line, the platform, their own hardware or software, a power failure, or other technical problems occurring despite reasonable precautions (to the best of their knowledge and belief).
2.5. If technical malfunctions occur that fall within the sphere of responsibility of the client, cannot be remedied within a reasonable time, and the event cannot be held or continued for this reason, the agreed fee shall nevertheless be payable in full.
The provisions of section 6 apply, taking into account the language training service.
4.1. In the event of force majeure, SDL or the client must, as far as possible, notify their contractual partner immediately. Force majeure entitles both SDL and the client to withdraw from the contract. The client shall reimburse SDL for any expenses already incurred and pay a reasonable fee for the services rendered.
4.2. The following shall be considered cases of force majeure in particular: labor disputes; acts of war; civil war; suspension of the administration of justice and/or administration; disruption of means of communication; occurrence of unforeseeable events beyond the control of the SDL which demonstrably impair the SDL’s ability to perform the order as agreed.
5.1. The SDL is obliged to maintain confidentiality regarding all business matters of the client that come to its knowledge and must also oblige its agents to maintain confidentiality to the same extent. Unless otherwise agreed, this obligation is limited to a period of 5 years after the end of the contractual relationship.
5.2. The SDL is entitled to process data transmitted to it or other personal data entrusted to it within the scope of the purpose of the contractual relationship and to store this data even after the end of the contractual relationship if such storage or processing is necessary for the fulfillment of the order or for the fulfillment of legal obligations (e.g. data for accounting purposes). The data will be deleted after this period has expired.
5.3. Insofar as the client provides communication details (e.g., email address, telephone number), the client agrees that these contact details may be processed and stored and that messages for advertising purposes within the meaning of § 107 of the Telecommunications Act may also be sent to him/her. This consent may be revoked by the client at any time.
5.4. The client also has the right to request the deletion of his/her data under the conditions of the provisions of data protection law. However, this right will only be complied with if SDL has no legal obligation to store the personal data.
6.1. The invalidity of individual provisions of these terms and conditions shall not affect the validity of the rest of the contract. Should a clause be or become invalid or unenforceable, both parties undertake to replace it with a legally permissible, valid, and enforceable clause that comes as close as possible to the economic intention of the provision to be replaced (severability clause).
6.2. The client remains the contractual partner of SDL and is liable for the full payment of the fee even if the client has specified a person other than themselves as the invoice recipient.
6.3. All amendments and additions to these General Terms and Conditions and other agreements between the client and SDL must be made in writing, i.e., with the original signatures of both parties or with electronic signatures.
6.4. The place of performance for all contractual relationships subject to these terms and conditions is the professional domicile of SDL. The court with jurisdiction at the professional domicile of SDL shall have local jurisdiction to decide all legal disputes arising from this contractual relationship.
6.5. Austrian substantive law shall apply. The contract language is German.