General Terms and Conditions

General Terms and Conditions (PDF download)

General Terms and Conditions

of DOGREL AG, business domain: translation – as of January 2015

 

1. Validity of these General Terms and Conditions

 

  1. These General Terms and Conditions apply for all work (hereinafter referred to as “the translation”), unless agreed otherwise, e.g. by means of a binding framework agreement..
  1. The translation business unit of DOGREL AG as the supplier is referred to hereinafter as “DOGREL translation”.
  1. DOGREL translation – as a separate business unit of DOGREL AG – offers a range of professional translation services. The translations are not only written by DOGREL translation itself, but also by appointed, independent, certified professional translators. However, the contractual relationship is exclusively with DOGREL translation and not directly with the translator.
  1. DOGREL translation services are provided exclusively on the basis of these General Terms and Conditions. The Terms and Conditions are deemed as having been accepted each time an order is placed with DOGREL translation.
  1. DOGREL translation is entitled to change or supplement these General Terms and Conditions at any time. Any supplementary agreements, other agreements, or amendments to the contract must be made in writing in order for them to be valid.

 

2. Conclusion of the contract

 

  1. DOGREL translation draws up its quotations on the basis of the information provided by the customer. The customer normally sends this information by e-mail. Unless agreed otherwise, the calculations are based on the remuneration lists of DOGREL translation.
  1. The amount of text included in the document to be translated, and thus the price, are calculated by electronic means. DOGREL translation is expressly entitled to adjust the price of the translation in line with the actual volume of text in the document (in accordance with the current DOGREL translation rates) if the automatic calculation of the amount of text to be translated cannot be performed with adequate precision for technical reasons (e.g. in the case of PDF documents).
  1. The original document supplied to DOGREL translation is used as the basis for the translation. DOGREL translation cannot accept any liability which arises due to ambiguities in the original language, poor legibility, or due to the fact that the original document is incomplete. The quotations issued by DOGREL translation are non-binding quotations unless agreed otherwise.
  1. The customer can accept the quotation by confirming it by e-mail or supplying DOGREL translation with a separate order by post/fax. Accepting the quotation is equated with the automatic acknowledgement of these General Terms and Conditions.
  1. In the case of express orders, DOGREL translation is free to start processing the order without first receiving a confirmation if it considers it to be appropriate due to the urgency of the order.
  1. Upon conclusion of the contract, DOGREL translation starts processing the order and the contractual delivery period is started. However, the delivery period indicated always refers to working days (Monday to Friday)

 

3. Scope of services/rights of use

 

  1. DOGREL translation undertakes to reproduce texts specified by the customer correctly and professionally in the required language, and to ensure that the translation is written without abbreviation, addition, or other changes to the contents. Such translations are written, depending on the nature of the source text, literally or figuratively and true to the implied meaning, based on the generally accepted quality standards of the translation industry for the respective language area. However DOGREL translation cannot undertake to meet the subjective style preferences of the customer or of his or her proofreader with regard to the text.
  1. Individual specialist terminology adopted by the customer can only be taken into account upon prior arrangement and if adequate documents, e.g. previous documents, terminology lists or an existing translation memory, are provided in their entirety when the order is placed. Otherwise, specialist terms shall be translated in accordance with the quality standards indicated in section 3.1 and as generally accepted.
  1. Only texts are translated. If the text to be translated includes images containing non-editable legends, they must be supplied in an attached Word file. Texts with punishable contents and those which violate the standards of common decency will be rejected. A text can also be rejected if special circumstances exist which make editing the text appear unacceptable. This may be the case in particular if the level of difficulty and/or the scope of the text make it impossible for a translation to be written in a reasonable quality in the time specified by the customer. DOGREL translation will inform the customer of this fact as quickly as possible. A rejection does not entitle the customer to claim for remuneration.
  1. The copyright to the translations remains the property of DOGREL translation until the payment has been made in full. The same applies for the data stored in the translation memories.

 

4. Acceptance/notification of errors

 

  1. Once the translation is completed, it is sent to the customer directly by e-mail. If the customer wishes to have the translation delivered via his own server or DOGREL AG’s FTP server instead of by e-mail, the customer will be informed that the order is complete by e-mail and notified of the FTP access data. The customer must ensure that the translation is downloaded immediately upon notification of its completion.
  1. Any other dispatch methods, e.g. by post or telefax, may only be used following a separate explicit agreement, in the case of certified documents, for example.
  1. The customer must check the translation immediately for any errors. The customer must provide notification of obvious errors in the translation after the downloading/upon receipt. Notification of hidden errors must be provided in writing immediately once discovered. If no written notification of errors is provided within 5 working days, the translation is deemed to have been completed in compliance with the contract.
  1. DOGREL translation bears the risk of data loss until the translation/download has been picked up by the customer. The customer is responsible for a successful downloading process and releases DOGREL translation from any liability in this respect. If other dispatch arrangements (post, e-mail, telefax) have been expressly agreed, the transfer of risk is the point in time when the translation is passed on to the consignor, i.e. when the corresponding e-mail appears in the recipient’s in-box, or when the telefax is printed out in the recipient’s office.

 

5. Amendment

 

  1. If the translation does not meet the agreed requirements, the customer must set a reasonable deadline for DOGREL translation to carry out amendments. An amendment is excluded if the discrepancies have in fact been caused by the customer, e.g. through incorrect or incomplete information, or incorrect original texts.
  1. If the set deadline for amendment passes to no effect, the customer can demand the cancellation (annulment) of the contract if the errors are not rectified in time.
  1. All such claims are excluded if the deviation only causes an insignificant reduction in the value or suitability of the translation. A deadline need not be defined if the customer expressly declares upon conclusion of the contract that the rendering of the contractual service becomes useless to them once the specified delivery date has expired.

 

6. Remuneration/payment conditions

 

  1. DOGREL translation will invoice the customer for the services at the agreed price plus the valid statutory VAT. The customer can only make payment with debt-discharging effect in Swiss francs or euros within the framework of the payment procedure provided by DOGREL translation.
  1. DOGREL translation normally only sends its invoices by post.
  1. The respective amount is due for payment within 30 days from the date when the invoice was issued, unless agreed otherwise. In the event of a default in payment, DOGREL translation is entitled to claim default interest at the rate of 5% p.a. If DOGREL translation is able to provide proof of a greater default damage, it is entitled to assert such a claim.
  1. Normal ancillary costs (telephone, normal delivery costs, etc.) are included in the basic price. Express postal charges, courier service charges, interpreter travel expenses etc. are invoiced at cost price. Unless agreed otherwise, a surcharge of up to 20% is added for express orders, depending on their volume and delivery deadline.

 

7. Cancellation

 

  1. The customer may cancel the order at any time until the translation is completed.
  1. If a placed order is cancelled by the customer, the costs incurred up until the point of cancellation must be paid in accordance with the degree of completion of the order in question. The amount to be paid is, however, always at least 50% of the order value, unless agreed otherwise. This also applies for interpreting assignments.
  1. Original documents provided by the customer for translation are returned to the customer once the order has been completed or cancelled. The data received by the customer within the framework of the order, or the file containing the translation itself, including the translation memory, remain at DOGREL AG for a duration of 2 years after completion or cancellation, unless agreed otherwise. Afterwards, it is deleted from the archive.

 

8. Liability/limitation of liability

 

  1. Claims for damages arising from the contract, due to an error when concluding the contract, positive breach of contract, or delay on the part of DOGREL translation, are excluded, with the exception of cases of wilful intent or gross negligence. Liability for auxiliary staff is always excluded.
  1. DOGREL translation is never liable for performance losses or delays due to force majeure, or unforeseeable, temporary, or other service hindrances for which it is not responsible, in particular strikes and lockouts, or for the failure of communications networks of other operators.
  1. Liability for damages which occur through the use of the services of DOGREL translation, through the incorrect storage or transfer of data by DOGREL translation, or due to the loss of texts and documents through DOGREL translation, is limited to the value of the proven damages. In each case, the liability is limited and may not exceed the foreseeable maximum amount of CHF 10’000.-.


 

9. Disclaimer

 

  1. DOGREL translation does not provide any guarantee that the translation is permissible and suitable for the customer’s intended use. This applies in particular for cases in which the translation is published or used for advertisement purposes. The legal risk for the ability to use or publish the translation is therefore carried by the customer alone.

 

10. Confidentiality and data protection

 

  1. DOGREL translation strives to guard the confidentiality of the transferred texts in accordance with the latest state of technology. However DOGREL translation cannot guarantee 100% confidentiality due to the use of electronic data communication methods.
  1. DOGREL translation also strives to secure its electronic data communication using the latest antivirus programmes. However, it is not possible to guarantee 100% protection against viruses even when taking the required care. The customer is hereby expressly advised that there is always some residual risk involved.
  1. The customer is herewith notified that DOGREL translation may list the customer as a reference for self-promotion purposes and, in cases where orders were carried out successfully, may specify such orders as so-called practical reports without details.
  1. DOGREL translation declares that its employees and assistants have an obligation to observe strict confidentiality and to comply with data protection requirements, and that DOGREL translation has taken all of the technical and organisational measures necessary for meeting the regulations of the Data Protection Act.

 

11. Labour piracy clause

 

  1. For the duration of the collaboration between the two parties and for a period of one year afterwards, the customer has an obligation not to headhunt any of the translators/service providers working for, or subcontracted by, DOGREL translation, nor to employ them without the consent of DOGREL translation.

 

12. Jurisdiction

 

  1. The place of fulfilment and jurisdiction is St. Gallen/Switzerland.

 

 

Widnau, 01.02.2015