General Terms an Conditions
Regarding the business agreement between Capirsi –Sabina Winkler (henceforth known as Capirsi), and its clients, the following general business terms shall be in force:
Capirsi operates a translation service that is available to clients throughout the whole world by means of the Internet / World Wide Web. The translations are performed by duly qualified colleagues of Capirsi or by independent translators.
Protection of Privacy
All translation jobs are treated with the strictest confidence. If desired, special secrecy agreements can be arranged.
When clients, Capirsi and the translator communicate electronically, 100% confidentiality cannot be guaranteed.
If translations are sent by mail or by another authorized carrier, there is a risk of accidental destruction, accidental deterioration or delayed delivery after transfer of the translation to the Post Office or the assigned carrier on to the client. Capirsi assumes no responsibility for damages in addition to any awarded by the Postal Service or assigned carrier.
Capirsi reserves the right to retain a copy of each translation for a certain period of time unless the client expressly objects upon signing the contract.
Our quotes are non-binding and subject to confirmation. The applicable fees are those in the current price list or those named in the individual quote.
Origination of the Contract
A contract with Capirsi is generated by means of the transfer of the client's job by electronic mail or by sending the signed contract by fax as well as the transmission of the job confirmation by Capirsi.
Only texts are translated. Texts with criminal content or content that offends common decency may be rejected by Capirsi - even after conclusion of the contract.
Original texts are generally submitted to Capirsi in electronic form. As a rule, the client also receives the translation in electronic form. The client informs Capirsi of the desired format of the translation upon placing the translation order with Capirsi.
Source materials must be legible and delivered to Capirsi at the stated time and in the stated format. Capirsi is not responsible for delivery delays that are caused by delayed delivery of source materials or a delivery in a different format than that agreed upon.
Any changes and additions to the source material submitted to Capirsi must be clearly marked in comparison to the original.
With regard to spelling, grammar and usage, translations are performed according to the generally acknowledged rules of the target language.
Capirsi translates technical terms and special vocabulary according to its usual and customary usage. If the client wishes to use terminology or phrasing in the translation that has a particular meaning or that deviates from generally accepted rules, s/he shall inform Capirsi of this and place appropriate directions (sample texts, parallel texts, glossaries etc.) at Capirsi's disposal. The use of client-specific terminology is to be explicitly agreed upon when the translation order is placed. If the translator requests, the client shall permit professional consultation.
Capirsi is committed to performing the translation so that it contains no defects; insignificant errors shall not be considered. Capirsi also commits itself to ensure that the translation is executed without abbreviations or additions. Capirsi reserves the right to append comments, footnotes etc. in the target language for better understanding of the text.
Capirsi inspects the finished translation for completeness and data format as well as other errors recognizable at first glance and sends it to the client.
The sending date from Capirsi or the time stamp of the e-mail/FTP server shall serve as the time of delivery of the translation. If the client does not raise any objections within 14 days -- beginning at the end of the day on which the translation was sent to the client, documented by for example the sender report -- then the translation shall be considered accepted. In this case the client waives all rights to legal claims resulting from any defects in the translation.
Should the client complain of an objectively present -- not simply insignificant -- defect within the 14 day period, this defect shall be described in written form as precisely as possible. The client must also at the same time give notice of the time within which the defect must be rectified.
Capirsi shall thereupon arrange for rectification of the defect within the period requested, as long as this period is reasonable. Should the first rectification attempt fail, Capirsi shall have the right to improve the translation, based once again on a written description of the defect that is as accurate as possible. If the second attempted rectification also fails, the client may choose between a reduction in the agreed-upon fee or cancellation of the contract. In the latter case, Capirsi retains all rights to the translation.
Warranty claims arising from flaws in the translation that are caused by the client her/himself because of incorrect or incomplete information from the client or deficient originals from same are excluded.
The client shall be entitled to rights beyond and above this because of deficiencies in the translation only in those cases where Capirsi or its legal representative or one of its assistants has acted with intent or gross negligence.
Price and Delivery
Fees and delivery dates for the implementation of changes and additions to the source material for translations that have already been started (author corrections) will be established according to the extent of the changes and what percentage of the translation has already been completed. Capirsi shall provide the client with an estimate of the additional fees prior to implementation of the changes and additions.
Proofreading, subsequent text formatting, transfer of graphics and pictures as well as text set-up etc. as well as translations in which it does not seem appropriate to count lines will be priced according to the time involved. Additional costs involved in translation, for example for telecommunication or for research and consulting in excess of normal and customary need for unclear text sections as well as courier and delivery charges, shall be assumed by the client.
The length of a translation, when not agreed upon otherwise, shall be calculated according to normal DIN-standard lines or price per word. As a rule, the source text, or in exceptional cases also the target text, is the basis for the calculation of lines.
Terms of Delivery and Deadlines
The terms of delivery and deadlines will be given to the client according to the best of our knowledge. The time of delivery is considered the point at which the translation can be proved to have been sent to the client (sender record) or at which the client has received the translation in its place of business. Delivery by mail will also be confirmed by us by fax or e-mail. If the supply of services is not possible because of an act of God or other unforeseen circumstances (for example disruption in traffic, loss of electricity etc.), during this time the expiration of any deadline shall be delayed. The term of delivery shall not be restarted until after the corresponding disruption is either removed or ended.
If an awarded contract is cancelled, the expenses incurred shall be reimbursed proportionately to the degree of completeness. After we begin translation work, we are entitled to damages for loss of profit in the amount of the value of the contract.
Disruption, Acts of God, Shutdown and Constraint of Trade, Network and Server Failure, Viruses
We are not liable for damages that result from disruption of business, especially through acts of God, that is through natural phenomena and disruption of traffic, network and server failure, other possible circuit or transmission interference and other obstructions not caused by us. In exceptional cases we have the right to completely or partially withdraw from the contract. This shall also apply if for important reasons the business must cease or be restricted entirely or partially for a certain amount of time. There is no liability for damages that occur because of viruses. The entire data processing system is checked for viruses regularly. For delivery of files by e-mail, EDI (modem) or any other distance transmission, the client is responsible for a final checking of the transmitted texts and files. Here, claims for damages are not recognized.
Capirsi will bill the client for the translation fee immediately after completion. The client will receive an invoice by postal mail. The amount of the invoice is to be paid within 30 days net cash and without deduction if no other arrangements have been made. Client payments are to be made according to the agreement by bank transfer into the Capirsi business account. Special arrangements can be made by agreement.
In the case where the client falls into arrears, Capirsi reserves the right to charge interest in the amount determined by law (according to §288 para. 1, p.1 German Civil Code) as damages caused by delay.
The fee for the translation is due immediately after its completion and is payable without deductions. The amount payable shall be remitted by check, last name, in person, by Paypal or credit card. In the latter case, the client shall give his/her credit card company, credit card number and dates (beginning and expiration) when the contract is awarded. Additionally the client shall give his/her date of birth as well as the name under which the card is registered. When the contract is awarded, the client is giving permission for this card to be charged in the amount of the translation fee. If payment is not made by the due date, the client shall be considered in arrears without further special notification in this regard. Otherwise, the regulations of the law regarding expedition of accounts payable from March 30 2000 (Federal Law Gazette I p. 330) shall be in force.
All claims for liability, performance and damages are limited to the value of the contract.
If after accepting the contract it should happen that the job cannot be completed within the agreed-upon time frame for compelling reasons (for example translator illness or technical difficulties in the network), Capirsi shall inform the client immediately.
If the supply of translation services is not possible because of an act of God or other unforeseen circumstances (for example traffic disruption, strike, electrical outages etc.), then the term of delivery shall be suspended during this time. The term begins to run only after the corresponding disruption has been removed.
Capirsi shall not be liable if the client was informed at the time of the awarding of the contract that under the terms of delivery that s/he required, it would not be possible to process the work to usual quality standards.
The client has a legal relationship solely to Capirsi, not to the respective translator. Direct contact between client and translator is only possible with Capirsi's consent.
For contracts with with general merchants, legal persons, legal entities under public law or a public-law special fund, Essen (NRW) is the sole jurisdiction.
Should any provisions of these conditions be or become invalid, the remaining provisions shall not lose their validity. This clause shall not be valid in legal relationships between Capirsi and private clients. The contractual relationship between Capirsi and all clients shall be construed exclusively according to German law, excluding international trade law.
In addition to the contractual provisions, the Regulations for Contracts for Services (§§ 631 ff. German Civil Code) and of Business Management Contracts (§ 675 German Civil Code) shall be in force.