1. General provisions

These General Terms and Conditions (GT&C) apply to the performance of translation services and associated services. They do not apply to the provision of licenses for our software products. For that, please refer to our separate GT&C for software licences. 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