Terms and Conditions

 

For any services provided by Leinenbach Interpreting Service (henceforth referred to as the Contractor) the following Terms and Conditions shall apply. Different Customer terms and conditions shall only apply if the Contractor has accepted them in writing for each individual contract.

§1 Order Processing
Order processing will begin after the Customer places the order. The Contractor may ask for a written order confirmation and / or access to documentation for the event to be interpreted at. The Contractor reserves the right to have the order handled by third parties. There is no obligation to inform the Customer if the Contractor chooses to do so.

§2 Subsequent Modification of Orders
The Contractor shall not be obliged to accept any subsequent modifications of orders already received. If the Contractor accepts the modification, any additional cost arising shall be borne by the Customer. If the Contractor rejects the modification the Customer shall leave the order unchanged in its original form or cancel it pursuant to Art. 3 of these Terms & Conditions. If during order processing it becomes apparent that services different from, or more extensive than, those commissioned by the Customer are required, the Contractor shall notify the Customer of this as soon as possible, pointing out any additional costs arising. If such additional or other services result in additional expense, the Customer shall be entitled to cancel the order pursuant to Art. 3 of these Terms and Conditions.

§3 Cancellation of Orders
If the Customer cancels an order, for any reason whatsoever, a cancellation fee according to the following rule shall fall due: Cancellation between 28 and 22 days, inclusive, before the day commissioned: 25% of the fee agreed; cancellation between 21 and 15 days, inclusive, before the day commissioned: 50% of the fee agreed; cancellation between 14 and 8 days, inclusive, before the day commissioned: 75% of the fee agreed; cancellation between 7 and 0 days, inclusive, before the day commissioned: 100% of the fee agreed. In addition, any expense already incurred by the Contractor (e.g. travel expenses) shall be replaced. If the Contractor obtains a different order for the same day he shall deduct the fee received for this order from the cancellation fee or refund the corresponding amount if the cancellation fee has already been paid.

§4 Prices
Daily fees refer to an on-site presence of up to 8 hours. The on-site presence is the entire time that the Contractor is on site at the Customer’s request, including times of required presence during which there is no interpretation (early arrival on site at Customer’s request, breaks, etc.). This also applies where another person substitutes for the Contractor according to §1.

§5 Warranty
The Contractor is qualified to perform the services he offers. It is understood and agreed between the Customer and the Contractor that a text deficient or incorrect in the original in terms of style, grammar, contents and the like may result in a similarly deficient or incorrect interpretation. It is not the Contractor’s job to improve on a deficient or incorrect text to produce a translation that is not deficient or incorrect.
Specialized terms will be translated using the common version in the target language unless otherwise instructed by the Customer or indicated in the documentation provided by the Customer for preparation. The Contractor shall attempt to acquire but shall not be liable for using the correct terms in specialised fields. The Contractor shall not be liable for the exact wording chosen during interpretation.
Any liability on the Contractor’s side for any loss of texts and materials made available to the Contractor where such loss is due to break-in, theft, fire, water or other types of force majeure as well as loss of such texts or materials in the mail, courier services, etc., is expressly excluded.
In any case any claims by the Customer against the Contractor for any service provided shall be limited to the lesser of five times the contract value or 100,000 Euro. Any claim for damages by the Customer in excess of this value for reasons of faulty services, late delivery or any other reason is expressly excluded.
Any claims must be made within 4 (four) weeks after the service has been provided.
All claims must be specified. The Customer shall not have the right to offset claims pertaining to one order against other orders. Every order shall be treated separately.

§6 Publication and Recording
Interpreted texts may only be recorded with the Contractor’s prior consent. The details shall be agreed between Customer and Contractor on a case-by-case basis.

§7 Secrecy
The Contractor shall not make any materials provided to him by the Customer available to third parties. He shall treat the Customer’s information confidentially.
This shall exclude third parties contracted by the Contractor to deliver the service according to §1. Such third parties shall likewise treat such information confidentially. In the event of violations of confidentiality by third parties so commissioned, the Contractor shall, however, not be liable.

§8 Copyright Violations
Should the Contractor be held liable for any copyright violation on account of a service provided by him, the Customer agrees to indemnify him in full for any damages payable.

§9 Liability for Interpretation Equipment
The Customer assumes responsibility for any microphones or receivers issued by the Contractor to event participants on his behalf. In this context, the Customer shall ensure that all devices are returned in working order. The Customer shall be liable for any devices that are lost and for any devices that are damaged or destroyed due to incorrect operation or force. The following rates apply: 250€ per microphone, 150€ per receiver. The only way the devices can be damaged or destroyed is by force, for example, by dropping them or forcing a volume control beyond its end position.

§10 Severability Clause
If a provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, then this shall not affect the validity or enforceability in that jurisdiction of any other provision in these Terms and Conditions or the validity or enforceability in other jurisdictions of that or any other provision of these Terms and Conditions. The illegal, invalid or unenforceable provision shall be replaced by such a legal, valid and enforceable provision as comes closest in economic terms to the intent of the illegal, invalid or unenforceable provision. The same shall apply in the event of a gap in the provisions of these Terms and Conditions.

§11 Language of the Terms and Conditions
The original of these T&Cs is in German. In the event of any deviation between the various language versions, the German version shall prevail.

§12 Acceptance of the Terms and Conditions
By placing an order the Customer accepts these Terms and Conditions.

Version January 2010

 

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