General business conditions for DTP-work
Recommended by the Federal Association of Translators and Interpreters (Bundesverband der Übersetzer and Dolmetscher e.V., BDÜ)
These business conditions apply to contracts between translators/DTP service providers and their clients, where no other conditions have been expressly agreed or are expressly required by law. General business conditions imposed by the client are only binding for the translator where this has been expressly agreed.
Scope of the translation assignment
The dtp work shall be carried out according to the usual principles of professional practice. The client will receive the version of the translation specified in the contract.
Duty of cooperation and explanation on the part of the client
The client shall inform the translator of any particular formal requirements in a timely manner (translation to data carriers, number of copes, galleys, external form of the dtp work etc). If the translation is intended for printing, the client shall provide the translator with a galley copy for proofreading. Information and documents required to produce the dtp work shall be provided by the client to the translator without request and in a timely manner (client glossaries, illustrations, drawings, tables, abbreviations etc). The translator shall not be liable for mistakes arising from neglect of these obligations.
The translator retains the right to correct faults. The client is entitled to the correction of any faults potentially contained in the dtp work. Any right to fault correction may be observed by the client only through exact identification of the fault. Should a correction or a replacement still be faulty, all rights to a legal guarantee shall again apply, unless other agreements have been made.
The translator shall be liable for gross negligence and wilful damage. Liability for minor negligence shall only apply to breaches of contractual obligations.
The translator undertakes to maintain confidentiality about all facts that become known to him/her in connection with any services rendered to the client.
Remuneration is due upon receipt of the dtp work. Receipt deadlines must be reasonable. In addition to the fee agreed, the translator is entitled to reimbursement for actual costs incurred that have been agreed with the client. For contracts with private clients, VAT is included and separately listed in the total price. In all other cases it will be applied separately where legally required. For extensive projects, the translator may require an advance that may be necessary to complete the translation. Where appropriate, the translator may make payment of the full fee in advance a condition of delivery of the dtp work.
Where a fee for the dtp work has not been agreed, a reasonable fee based on the scope and difficulty of the project shall be due. In this case, regulations for the compensation of witnesses and expert witnesses shall be considered reasonable and appropriate.
Retention of property and copyright
The dtp work remains the property of the translator until full payment is made. Until this point, the client has no right of use. The translator shall retain copyright.
German law shall apply to the assignment and all claims arising from it. The validity of these assignment conditions is unaffected by the invalidity or inapplicability of any individual provisions.