General Terms and Conditions of STAR Deutschland GmbH for the Execution of Translation Orders

 

1. General provisions

These General Terms and Conditions (GT&C) apply to the performance of translation services and associated services. They apply to all business transactions with our customers. By placing an order, the customer accepts the GT&C, which shall then apply for the duration of the business relationship and therefore to future as well as current business. The customer’s terms and conditions of business are only binding for us if we have expressly acknowledged them.

2. Placing orders

The customer shall place translation orders electronically or in another written form. The order must show the subject of the transaction clearly and unambiguously. As a minimum, the customer shall inform us of the target language for the text and any special terminology requests. In addition, the customer has the option to notify us of the intended use of the translation. This is particularly important if the translated text is to be published or printed. Verbal ancillary agreements and changes to orders shall only be valid if we confirm them in writing.

We are not liable for delays or performance defects caused by unclear, inaccurate or incomplete orders that are issued to us.

3. Performance by third parties

To complete all translations, we may use third parties, in particular STAR affiliates, if we deem this expedient or necessary. Our only liability in this regard is for careful selection.

4. Quotations and prices

All quotations and prices are non-binding and may be adjusted in light of circumstances and cost changes. The prices quoted are in euros and are net, i.e. they do not include statutory value added tax. Deliveries to countries outside Germany are exempt from statutory value added tax.

5. Delivery dates

Delivery dates are given to customers in the best of our knowledge and belief. Translation schedules can never be specified with 100% accuracy due to the risks associated with the use of specially selected translators for a personalised service. Therefore the schedules we specify are only binding if this is expressly confirmed by us and has been agreed on a case-by-case basis.

A delivery is considered to be completed once the translation has been sent to the customer.

6. Incidents, force majeure, closures and restrictions to operations, network and server errors, viruses

We are not liable for damage caused by incidents in our operations, in particular force majeure, e.g. natural phenomena and traffic disruptions, network and server errors, any other line and transmission faults and other disruptions for which we are not responsible. In these exceptional cases, we have the right to withdraw from the contract wholly or partially. This shall also apply if we are forced to suspend or restrict our operations, in particular our online service, wholly or partially for a specific period for good cause. Neither are we liable for damage caused by viruses, Trojans, auto diallers, spam e-mails or other malware. When files are delivered by e-mail, FTP or any other electronic transmission method, the customer is ultimately responsible for checking whether the transmitted files and text contain malware. We shall not recognise any compensation claims. Electronic transfers are at the customer’s risk. We are not liable for damaged, incomplete or lost text or data due to electronic transfers.

7. Liability

Unless special agreements have been made regarding the quality requirements for the translation or specific requirements are apparent from the nature of the order, we shall translate the text completely, faithfully and correctly to the best of our knowledge and belief in the customary manner and to the customary quality standard for informational purposes.

The customer must check translations immediately after they are delivered. The customer can only exercise its right to assert that performance is not compliant with the contract if it notifies us thereof within one week after a defect is discovered or ought to have been discovered, giving precise reasons.
If this deadline is missed, the warranty claims shall lapse. In all cases, the customer’s right to assert non-compliance with the contract shall expire if said non-compliance is not disclosed within six months after the service is provided.

If the customer makes a complaint, we shall be allowed a reasonable period to comment, and, if a defect does exist, to rectify and remedy it. If a remedy is proven to be unsuccessful, the customer shall have the right to a price reduction or cancellation. All further claims, including compensation claims for non-performance, shall be excluded. In all cases, liability is limited to 10 times the value of the order in question (to a maximum of EUR 50,000). Recourse liability in the event of third-party compensation claims is expressly excluded.

As a rule, we are not liable for translation errors caused by the customer due to inaccurate, incomplete or delayed information or documents or due to erroneous or illegible (including partially erroneous or illegible) source texts. If the customer does not state the intended use of the translation, in particular if the translation is to be published or used for advertising purposes, the customer cannot demand compensation for damage caused by the text’s lack of suitability for the intended purpose or caused by the publication or advertising having to be repeated because the wording is inappropriate for advertising. If the customer does not specify that the translation is to be printed or if the customer does not provide us with a proof prior to printing and prints the translation without our approval, any and all shortcomings shall be the customer’s responsibility. If claims are asserted against us for a translation due to a breach of copyright in the source text or if third-party claims are asserted, the customer shall indemnify us in full.

8. Delivery delay, impossibility, withdrawal

The customer is entitled to withdraw from the contract due to impossibility or a delivery delay for which we are responsible if we have missed the delivery date by an unreasonable length of time and the customer has set us a reasonable period of grace in writing without success.

9. Terms of payment

Our fee is payable net within 30 days of the invoice date; withholding and offsetting are not permitted. Any differing payment due dates, discounts or other reductions shall only be valid if expressly agreed with us. Interest shall be charged at the prevailing rate if the payment due date is missed. We reserve the right to assign our claims against the customer to third parties. If the customer defaults on a payment, all other receivables may become due for payment. The customer shall bear all fees, costs and expenditure incurred in connection with any and all legal proceedings successfully brought against the customer outside Germany.

10. Retention of ownership and copyright

Delivered translations shall remain our property until paid for in full. Copyright shall transfer to the customer upon payment.

11. Duty of confidentiality

Confidential or secret information must be specified or marked as such by the customer so that we can take measures in accordance with the applicable protection requirement categories. All texts shall be handled in confidence and we shall keep secret all facts that become known to us in connection with our work for the customer. The confidentiality obligation shall end as soon as the confidential information is made public and is therefore in the public domain or if it was already known to us. As a rule, the customer’s confidential information shall not be passed on to unauthorised third parties; however, we may use third parties to provide the services if said third parties have been obligated to maintain confidentiality. The duty of confidentiality shall end three years after the information or documents were communicated to us.

12. Data protection

The customer hereby agrees to the storage of its data in our systems for the purpose of processing orders and performing the service. Further data protection information is available on our website at www.star-deutschland.net/datenschutz

13. Non-solicitation clause

Without our written permission, our employees cannot be recruited, employed or engaged either directly or indirectly by the customer within twenty-four months after the completion of the customer’s last order. No proposals for such employment may be disseminated verbally, in writing or in any other way.

14. Applicable law and place of jurisdiction

The contractual relationship and other business ties between us and the customer are subject to German law alone, to the exclusion of international sales law. To the extent permissible, Böblingen, Germany shall be the sole place of jurisdiction for any and all disputes for both parties.

15. Invalidity

In the event that one or more provisions of the General Terms and Conditions is invalid from the outset or becomes invalid at a later time, this shall not affect the validity of the remaining provisions. A valid provision that is as close as possible to the legal and economic purpose of the original provision shall then be deemed agreed.

16. Changes to the GT&C

The General Terms and Conditions may be subject to change at short notice. The latest version is always available on our website, www.star-deutschland.net

 

January 2019

General Terms and Conditions (GT&C) of STAR Deutschland GmbH for services in the field of technical writing/technical communication

 

1. Scope of applicability

  1. These General Terms and Conditions (GT&C) apply to all contracts between the Contractor and the Customer relating to services in the fields of technical writing, technical documentation and technical communication.
  2. Any general terms and conditions of the Customer that deviate from, conflict with or supplement these terms and conditions shall only form part of the contract if the Contractor expressly agrees to their validity in writing. This shall also apply even if the Contractor does not expressly object to them.
  3. These GT&C shall also apply to all future contracts between the parties without the need for further notice.
  4. Individual agreements between the parties shall take precedence, provided they are set out in writing.

 

2. Quotations, conclusion of contract and service specifications

  1. Unless a different period of validity is specified, written quotations from the Contractor shall be binding for 60 days from the date of the quotation.
  2. The contract is concluded through
    a) the Contractor’s written order confirmation or
    b) the commencement of the provision of services.
  3. The content and scope of the services to be provided are determined exclusively by the quotation, the order confirmation and the Contractor’s service specifications, as well as these General Terms and Conditions.
  4. Obvious typing, calculation or transcription errors may be corrected by the Contractor at any time.
  5. The Contractor shall perform its services on the basis of the technical information provided by the Customer. The Customer shall be responsible for the technical accuracy and correctness of the content of this information.
  6. There is generally no obligation to ensure that documents or services are suitable for use in the USA, Canada and Australia.
  7. Design changes made after the copy deadline that affect the documentation will be charged on a time-and-materials basis.

 

3. The Customer’s obligation to cooperate

  1. The Customer shall provide all documents necessary for the performance of the services in a timely manner, in full and in a suitable format, in particular technical product information, risk and hazard analyses, drawings, parts lists, photographs, standards, internal guidelines and contact details.
  2. The Customer must ensure that the documents provided by them for the performance of the order are factually accurate and complete.
  3. The Customer shall appoint at least one competent contact person who is authorised to provide binding information and give approval.
  4. The Customer shall provide the Contractor with a comprehensive risk and hazard analysis of the product before commencement of services.
  5. The Customer warrants that all documents provided are free from any third-party rights. The Customer shall indemnify the Contractor against all claims by third parties.
  6. If the Customer fails to fulfil its obligation to cooperate, the agreed deadlines shall be extended accordingly. In the event of serious breaches of duty, the Contractor shall be entitled to terminate the contract or withdraw from it. Payment shall be made for the services rendered up to that point.

 

4. Remuneration, prices and terms of payment

  1. All prices are quoted in euros and are subject to VAT. Additional costs such as travel, transport, shipping or material costs will be charged separately.
  2. The Contractor may provide cost estimates; these are not binding. Variations of up to 10% are considered insignificant.
  3. Payment models:a) Smaller orders:
    Payment within 30 days net from the invoice date.

    b) Medium-sized orders:
    50% of the remuneration upon placing the order,
    50% upon delivery of the service.

    c) Long-term projects:
    Monthly instalment invoices based on project progress.

  4. Interest on late payments is calculated at 9 percentage points above the base rate in accordance with Section 288(2) of the German Civil Code (BGB).
  5. The Customer may only offset claims that are undisputed or have been established by a final and binding court decision, or exercise rights of retention.

 

5. Performance deadlines, delays and force majeure

  1. Performance deadlines only begin once all technical issues have been resolved and the obligation to cooperate has been fulfilled.
  2. Force majeure and unforeseeable events beyond the Contractor’s control shall result in a reasonable extension of deadlines. The Contractor shall inform the Customer immediately should any such event occur.
  3. If the Customer fails to fulfil their obligation to cooperate in a timely manner, deadlines shall be extended accordingly without specific notice.
  4. In the event of prolonged delays, both parties shall be entitled to withdraw from or terminate the contract. Services already rendered must be remunerated.

 

6. Transfer of risk and shipping

  1. When physical products are shipped, the risk passes to the Customer upon handover to the transport service provider.
  2. For digital services (e.g. PDF files), the risk passes to the Customer upon provision or transmission.
  3. Postal delivery is provided at the Customer’s request and at their own risk; insurance will only be taken out at the express request of the Customer.

 

7. Acceptance, obligation to inspect and to give notice of defects

  1. The Contractor shall provide an inspection copy. The Customer must review this within 14 calendar days and approve it in writing.
  2. If no response is received within this period, the service shall be deemed to have been accepted (assumed acceptance).
  3. Obvious defects must be reported without delay in accordance with Section 377 of the German Commercial Code (HGB).

 

8. Defect-related rights (warranty)

  1. The Contractor shall rectify the defect by either repairing the goods or supplying a replacement; the choice shall be made by the Contractor.
  2. No defect-related rights shall apply if the Customer fails to fulfil their obligation to inspect or cooperate, or if changes have been made to the documents.
  3. If the subsequent performance fails, the Customer may demand withdrawal from the contract or a reduction in the price.
  4. The limitation period for claims for defects is 12 months from the date of acceptance. This does not apply to claims arising from
    – Malicious intent,
    – Gross negligence,
    – Loss of life, physical injury or damage to health,
    – Product Liability Act.

 

9. Liability

  1. The Contractor shall have unlimited liability for malicious intent and gross negligence.
  2. In cases of minor negligence, the Contractor shall only be liable for damages resulting from a breach of fundamental contractual obligations (cardinal obligations) and only for typically foreseeable damages.
  3. The Contractor does not assume liability for incidental damages, consequential damages or loss of profit.
  4. The Contractor shall be under no obligation to monitor products or the market.
  5. The Customer is responsible for backing up its data.
  6. Liability for damages resulting from late delivery is limited to a maximum of 10% of the order value. The Customer must provide credible evidence of the damages.

 

10. Copyright and rights of use

  1. All copyright to the services provided shall remain with the Contractor.
  2. The Customer is granted a simple, non-transferable right of use, limited to the product-specific technical documentation for the product specified in the contract.
  3. Other uses such as
    – editing,
    – translation,
    – electronic processing,
    – disclosure to third parties require the written consent of the Contractor.
  4. The granting of rights of use is subject to the condition precedent of full payment.
  5. The Contractor shall not be liable for any damages resulting from the reproduction and distribution of technical documentation that has been altered by the Customer or a third party.

 

11. Regulations regarding training courses and workshops

  1. The training objectives and content are set out in the service specifications in the quotation, in the order confirmation or the contract. Together with these GT&C, these form the basis of the contractual relationship.
  2. The Contractor and the training staff involved are not bound by any instructions from the Customer regarding the planning and running of the workshop.
  3. The Contractor shall meet the agreed deadlines. The Customer must be notified immediately of any foreseeable delays, stating the reason and duration. In such cases, the parties shall jointly agree on measures to ensure completion on schedule.
  4. In the event of an impediment beyond the Contractor’s control (e.g. force majeure, illness, accident), the Contractor shall inform the Customer without delay so that the next steps can be mutually agreed upon.
  5. The costing is based on the agreed number of participants. In the event of any deviation from this, the Contractor is entitled to cancel the workshop and withdraw from the contract. In such cases, no claims may be made by either party.

 

12. Subcontractors

The Contractor is entitled to engage subcontractors. These subcontractors shall be bound by a duty of confidentiality. The Contractor remains fully liable to the Customer.

13. Testimonials

The Contractor is entitled to use the Customer’s name and logo for reference purposes, provided the Customer does not object to this in writing.

14. Confidentiality

Both parties undertake to maintain confidentiality regarding all non-public information. A separate non-disclosure agreement (NDA) may be entered into upon request.

15. Data protection

Personal data is processed solely for the purpose of fulfilling the contract. Further details can be found in the Contractor’s Privacy Policy.

16. Retention of title/retention of rights

  1. The Contractor shall retain title to the physical goods until full payment has been made.
  2. Rights of use for documentation are only transferred once full payment has been made.

 

17. Choice of law and place of jurisdiction

  1. The law of the Federal Republic of Germany shall apply.
  2. The place of jurisdiction shall be the Contractor’s registered office, provided that the Customer is a merchant within the meaning of the German Commercial Code (HGB).

 

18. Severability clause

Should any provision of these GT&C be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to agree on a valid provision that comes as close as possible to the economic purpose of the invalid provision.

 

May 2026