Terms and Conditions

1 Scope of application

1.1 These Terms and Conditions (T&C) apply to all business relations between LingoA&A and its clients, whether consumers or businesses. 1.2 These T&C form part of every offer and order confirmation issued by LingoA&A and constitute the basis for the performance of all translation and interpreting services provided by LingoA&A. 1.3 Any terms and conditions of the client that deviate from or conflict with these T&C shall apply only if LingoA&A has expressly agreed to them in writing.

2 Offer and conclusion of contract

2.1 LingoA&A’s offers are non-binding and subject to change. An order is deemed accepted only after written confirmation by LingoA&A or by commencement of the service. 2.2 For the translation of legal documents, technical documentation, medical texts or other specialised documents, LingoA&A may need to carry out a preliminary assessment to determine the scope and nature of the work. In that case, LingoA&A will submit a non-binding quotation. 2.3 When a translation is to be produced, the client must provide LingoA&A with a clear copy of the document to be translated.

3 Prices and payment terms

3.1 Prices are set out in the price list valid at the time of ordering and are exclusive of VAT. 3.2 The cost of translation and interpreting services is calculated on the basis of the volume and complexity of the text and the time required. 3.3 Costs may also be influenced by the target audience, intended use and urgency of the translation. 3.4 Before starting the work LingoA&A will provide the client with a cost estimate showing the total price. 3.5 Payment is due within 14 days of the invoice date. LingoA&A reserves the right to request an appropriate advance payment before work begins. 3.6 Default interest of 2 % per month, or the maximum legal rate, is charged on overdue invoices. 3.7 LingoA&A may suspend or terminate the service if payment is not made within the specified period. 3.8 All bank and transfer fees are borne by the client.

4 Delivery times and deadlines

4.1 Delivery times and deadlines are generally non-binding and serve as guidelines only. LingoA&A is obliged to meet a deadline only if it has been expressly agreed in writing. 4.2 If a binding deadline is agreed, LingoA&A may deviate from it only if unforeseeable events beyond its control occur, such as force majeure, strikes or labour disputes. 4.3 In such cases the deadline is extended appropriately. LingoA&A will inform the client without delay. 4.4 If the deadline is exceeded, the client may set a reasonable grace period in writing and, after its expiry, withdraw from the contract. Further claims are excluded unless the delay is due to intent or gross negligence on the part of LingoA&A.

5 Services

5.1 Translations and interpreting are carried out by qualified linguists with the required language skills and subject-matter expertise. 5.2 Translations are produced in accordance with professional standards and are intended solely to convey the content of the original document. No guarantee is given for legal validity, completeness or absolute accuracy. 5.3 Interpreting services are likewise performed according to professional standards. LingoA&A takes reasonable measures to meet the client’s requirements but gives no guarantee for completeness, accuracy or legal conformity. 5.4 Services may also be provided electronically, by telephone or as speech-to-text; LingoA&A takes reasonable steps to ensure secure and confidential transmission. 5.5 LingoA&A reserves the right to refuse orders that violate applicable law or moral and ethical standards.

6 Client obligations

6.1 The client must provide all information and documents required for the assignment, including purpose, scope, document type, desired delivery date and target language. 6.2 The client must review the delivered translation or interpreting service within a reasonable time and notify LingoA&A immediately of any errors. Acceptance without objection is deemed final and correct. 6.3 The client must comply with the agreed payment terms, including any additional costs arising from changes or additions. 6.4 The client must treat as confidential all information received and not disclose it to third parties. 6.5 The client may use the service only for the agreed purpose and may not sell, rent, license or otherwise transfer it to third parties. 6.6 The client shall indemnify LingoA&A against any liability resulting from copyright or other legal infringements arising from the client’s use of the translated texts.

7 Changes and cancellations

7.1 LingoA&A may modify the services if required by changes in the client’s requirements. 7.2 Cancellations must be made in writing and are accepted only if received at least five working days before the agreed delivery date; otherwise a cancellation fee of 50 % of the total cost will be charged. 7.3 If changes or cancellations are required due to circumstances beyond LingoA&A’s control, the agency may charge a reasonable fee. 7.4 LingoA&A reserves the right to reject an order if the services cannot be performed in accordance with its moral and ethical principles.

8 Disclaimer of liability

8.1 LingoA&A accepts no liability for damages arising from the client’s use of the translation or interpreting services. 8.2 LingoA&A accepts no liability for damages caused by circumstances beyond its control, including force majeure, fire, flood, war or civil unrest. 8.3 The client acknowledges that translation and interpreting are subjective services and that variations may occur due to individual interpretation.

9 Intellectual property

9.1 All translations and interpreting services provided by LingoA&A are the intellectual property of LingoA&A and may not be used, modified, reproduced, distributed or publicly displayed without express written permission. 9.2 The client acknowledges that the services are protected by copyright and that any infringement may have civil or criminal consequences. 9.3 The client shall take all necessary measures to protect LingoA&A’s rights and to prevent unauthorised use. 9.4 LingoA&A does not warrant that the services are free of third-party rights and accepts no liability for related claims.

10 Confidentiality

10.1 LingoA&A undertakes to keep confidential all information and documents provided by the client. 10.2 LingoA&A will not disclose such information to third parties unless authorised by the client or required by law. 10.3 Unless expressly agreed otherwise, LingoA&A may use completed translations and interpreting assignments as reference material.

11 Dispute resolution and jurisdiction

11.1 In the event of a dispute, the parties shall first endeavour to reach an amicable solution. 11.2 If no amicable solution is reached within a reasonable period, all disputes shall be governed exclusively by the law of the country in which LingoA&A is established. 11.3 Legal disputes are subject to the exclusive jurisdiction of the courts at the company’s seat; where the client is a consumer, jurisdiction lies with the court of the client’s domicile. 11.4 Should legal action be brought against LingoA&A, the client shall bear all costs incurred, including attorneys’ and court fees. 11.5 The client is strongly advised to exhaust all amicable options before initiating court proceedings. 11.6 Alternative dispute resolution is usually quicker and more cost-effective for both parties than litigation.

12 Miscellaneous

12.1 These T&C constitute the entire agreement between the parties and supersede all prior agreements. 12.2 Any amendment must be made in writing. 12.3 Should any provision be or become invalid, the validity of the remaining provisions shall not be affected. 12.4 LingoA&A may amend these T&C at any time; amendments will be communicated in writing and are deemed accepted if the client does not object within 14 days. 12.5 Invalid provisions shall be replaced by valid ones that come as close as possible to the economic intent of the invalid provision. 12.6 For business customers, exclusive venue is the court at LingoA&A’s seat; for consumer customers, venue is the client’s place of residence.