General Terms and Conditions of Translation and Text Services
§ 1 Scope
The following Terms and Conditions apply to contracts entered into between European Exchange Ltd., 95 Victor Road, Teddington, Middlesex, TW11 8SS, United Kingdom, its subsidiary European Exchange Ltd., Museumsplatz 1 / Ovalbüro, 1070, Vienna, Austria (also referred to in the text below as the “Company”), and its Clients.
§ 2 Services
European Exchange provides services in the area of translations between German, French, Spanish, Italian and English, writing copy in English, and proofreading existing copy in English.
§ 3 Restrictions of Acceptance of Orders/Declining Translations
European Exchange reserves the right – even after conclusion of the contract – to decline to translate texts of an illegal, unethical or offensive nature. Apart from that, the Company will – even after the conclusion of the contract – not decline a translation unless it is unable to provide a translation of adequate quality within the period of time specified by the customer for reasons of the difficulty and/or volume of the source text. In such cases, the Company will inform the Client in due time.
§ 4 Transmission of the Source Text and Delivery of the Translation/Copy
In general, the Client transmits the source text to be translated to European Exchange in electronic form, i.e. by e-mail, download from the Client’s server or from the cloud, etc.
In these cases, the translation or copy will be delivered to the Client in electronic form as well.
§ 5 Client’s Duty of Information
Together with the order, the Client shall specify the subject area(s) the source text belongs to in the Client’s opinion. This information is in the Client’s best interest and should be as detailed and accurate as possible. If the Client wishes specific (corporate) terminology to be used, the Client shall inform European Exchange accordingly and provide reference materials (sample texts, glossaries etc.), if available, to enable European Exchange to achieve the best possible result. In case of doubt or uncertainty, it is desirable that the Client is available (via the phone or email) to answer any queries European Exchange may have.
§ 6 Express Translations/Copy
The Client may choose to order time-critical translations as express translations. This needs to be expressly specified in the Client’s enquiry or order. Depending on the volume and the urgency of an order, European Exchange can charge an express fee and will notify the Client accordingly before the conclusion of the Contract.
§ 7 Requests for Quotation and Orders
It is at the Client’s discretion to place an order with European Exchange – subject to European Exchange accepting the order – without requesting a quotation first or to request a quotation specifying the costs and the possible date of delivery of the translation or copy. Quotations will be made free of charge and will not be binding on either party. The Contract shall be deemed concluded with legal effect unless European Exchange notifies the Client within 2 working days upon receipt of the Client’s order that European Exchange will be unable to deliver the translation service in the form desired by the Client.
§ 8 Delays in Delivery for Important Reasons
If European Exchange, after accepting the order, finds that European Exchange will be unable to provide the service within the period specified for important reasons (e.g. illness of the translator, technical disturbances in the network), European Exchange shall inform the Client immediately about such delay and arrange a new delivery date with the Client, if possible.
§ 9 Minimum Order Value
The minimum order value for a translation is € 25.00, and € 75.00 for copy. Both charges are exclusive of the applicable VAT.
§ 10 Invoicing
The word or line count of a target text is usually different from that of the source text. As European Exchange charges the final price of its services based on the word or line count of the target text, the final price can in some cases not be indicated until completion of the translation. Depending on the level of difficulty and the field, the price quoted and the final price may differ. In such cases, European Exchange will provide the Client with a corrected quote for acceptance or a new agreement.
§ 11 Proper Translation
All source texts are translated with the greatest care by qualified translators with relevant professional qualifications and/or experience, to the translator’s best knowledge and belief and according to the principles of proper exercise of the profession, and the translations should be free from errors. Negligible errors shall not be considered errors giving rise to complaint. European Exchange undertakes to ensure that there are no omissions or additions in the translation but reserves the right to add comments, footnotes etc. if necessary for the better understanding of the target text.
§ 12 Client’s Rights in Case of Errors, Contractor’s Liability
European Exchange will check the finished translation or copy for completeness and data format and any errors obvious at first sight and deliver the translation to the Client as agreed under the contract. If the Client does not make a complaint within 14 days following the delivery – this period shall begin to run on the date on which the translation was demonstrably (e.g. transmission report) transmitted to the Client – the translation or copy shall be deemed accepted by the Client. In such case, the Client shall waive any claims it might be entitled to assert due to errors in the translation or copy.
If the Client makes a complaint in respect of actually and objectively existing, non-negligible errors in the translation within this 14-day period, the Client shall describe such errors as precisely as possible in text form (e.g. by post or e-mail). The Client shall also state the period within which the Client requests European Exchange to rectify the errors.
European Exchange will then arrange for the rectification of the errors within the period specified by the Client, provided that such period is reasonable, or rectify the errors within a reasonable period of time.
Should such first rectification of errors fail, European Exchange shall be entitled to rectify the errors another time based on the Client’s second detailed and accurate description of the errors in text form.
Should the second rectification of errors fail as well, the Client, at its option, shall be entitled to claim reduction of the fee agreed upon or to withdraw from the Contract. Should the Client opt for the latter alternative, all rights to the translation or copy shall revert to European Exchange.
The Client shall not be entitled to assert any claims in respect of translation errors extending beyond those stated above, unless European Exchange, one of its legal representatives or vicarious agents is liable for gross negligence or intent. European Exchange shall be liable for any fault in case of a breach of contract or injury to health.
In any case, European Exchange’s liability shall be limited to foreseeable, typical damage and shall neither comprise consequential loss nor loss of profit. The maximum amount of damages European Exchange shall be liable for is € 2,000.00 per claim unless expressly agreed otherwise in writing.
§ 13 Delays in Delivery
Should European Exchange exceed the date agreed upon for the delivery of a translation or piece of copy by more than 48 hours, the customer shall be entitled to reduce the fee agreed upon by 5% for each full day (24 hours) unless such delay is due to circumstances beyond the control of European Exchange (e.g. force majeure, illness of the translator, etc.). The Client shall not be entitled to assert any claims extending beyond those stated herein, unless European Exchange, one of its legal representatives or vicarious agents is liable for gross negligence or intent.
§ 14 Invoicing for the Translation/Copy
European Exchange will issue an invoice to the Client for the translation, copywriting or proofreading service immediately after the completion and delivery of the translation or copy.
§ 15 Confidentiality
Irrespective of the circumstances stated above (loss or manipulation of data for reasons beyond the control of European Exchange), European Exchange will treat any facts or information having become known to it in the processing of the order as confidential, unless European Exchange shall be obliged to disclose such facts or information due to orders by the authorities or court orders, etc. The translators and copywriters commissioned by European Exchange will also be obliged to secrecy.
§ 16 Use of the Translation/Copy and Copyright
European Exchange assures that the Client can use the translation or copy for the purpose specified and without any limits as to time, territory and quantity. The Client shall also be entitled to edit the translation or copy and to transfer any rights to it to third parties by way of a licence or in any other way. European Exchange shall indemnify the Client against any claims by the translator or copywriter. However, the copyright shall not pass to the Client until complete payment of the translation or copywriting fee. The Client, on the other hand, shall guarantee that it is the holder of all rights to the text to be translated or proofread, and that it is entitled to have the text translated. The Client shall indemnify European Exchange against any claims in this respect.
§ 17 Disturbances in Electronic Communication Systems
Should electronic communication be disturbed for reasons beyond the control of European Exchange (failure of the internet, problems in a provider’s system), the following shall apply:
If delivery of the translation or communication by e-mail has been agreed upon and if the Client can expect European Exchange to respond under the circumstances of the specific case but does not receive any such response, the Client shall be obliged to notify European Exchange thereof in a suitable manner (e.g. by telephone or scanned).
Due to electronic communication between the Client, European Exchange and the translators commissioned by European Exchange, 100% secrecy cannot be ensured. In particular, it cannot be excluded that e-mails are lost or intercepted or falsified by third parties and that such loss, interception or falsification passes unnoticed. However, the Client may request delivery by post or courier against reimbursement of the costs.
§ 18 Limitation of Liability for External Links
The European Exchange website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
§ 19 Data Protection
A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. No forwarding of the data to third parties without the express consent of the user will take place.
We would like to expressly point out that the transmission of data via the internet (e.g. by e-mail) can create security vulnerabilities. It is therefore impossible to safeguard data completely from access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
§ 20 Severability Clause & Applicable Law
Should one or several provisions contained in these General Terms & Conditions of Translation and Text Services be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision coming closest to the economic result and/or the intended purpose of the invalid provision. In addition, these Terms & Conditions shall exclusively be governed by Austrian law. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The place of jurisdiction is Vienna, Austria.
Data Protection Declaration
The protection of your personal data is of particular concern to us. For this reason, we only process your data based on the legal regulations (DSGVO, TKG 2003).
This Data Protection Information contains details of the most important aspects of this. In principle, you can exercise your rights of information, correction, deletion, restriction, data portability, revocation and contradiction. If you believe the processing of your data breaches data protection law or your claims under data protection law have been breached in some other way, you can complain to the Supervisory Authority. In Austria, this is the Datenschutzbehörde (Data Protection Authority).
You can reach us using the contact details below:
Tel.: +43 650 289 1150