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Content of the online offer
The author assumes no liability for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded as a matter of principle, unless the author can be proven to have acted with intent or gross negligence.
All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to cease publication temporarily or permanently.
References and links
In the case of direct or indirect references to external websites (“hyperlinks”) that lie outside the author’s area of responsibility, a liability obligation would only come into force if the author had knowledge of the content and it would be technically possible and reasonable for him to prevent use in the case of illegal content.
The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. For this reason, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author’s own Internet offer as well as to external entries in guest books, discussion forums, link directories, mailing lists and all other forms of databases set up by the author to which external write access is possible. Liability for illegal, incorrect
or incomplete content and in particular for damage arising from the use or non- use of such information lies solely with the provider of the page to which reference is made, and not with the person who merely refers to the respective publication via links.
Copyright and trademark law
The author endeavours to observe
the copyrights of the images, graphics, sound documents, video sequences and texts used in all publications, to use images, graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts.
All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties!
The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author’s agreement.
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted – if and so far technically possible and reasonable – without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take
legal action against the senders of so-called spam mails in the event of violations of this prohibition.
Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
Below you will find our terms and conditions:
General Terms and Conditions for Translators
(1) These terms and conditions shall apply to contracts between the Translator and a
Client, unless otherwise expressly agreed or indispensably prescribed by law.
(2) The Client’s general terms and conditions shall only be binding on the Translator if the Client has expressly accepted them. The signing of the order by the Translator shall constitute such express acceptance.
Scope of the translation order
The translation shall be carried out carefully in accordance with the principles of proper professional practice. The client shall receive the contractually agreed copy of the translation by the delivery date specified in the order.
Rights of the client in the event of defects
(1) The Translator reserves the right to subsequent performance. Initially, the Client shall only be entitled to have the existing defects remedied.
(2) The claim for supplementary performance must be asserted by the client with precise specification of the defect.
(3) If the translator does not rectify the defects claimed within a reasonable period of time or if he refuses to rectify the defects or if the rectification of the defects is deemed to have failed, the client may, after hearing the contractor, have the defects rectified by another translator at the contractor’s expense or, at his option, demand a reduction of the remuneration or withdraw from the contract. The rectification of defects shall be deemed to have failed if the translation continues to show defects even after several attempts at rectification. The same shall apply in the event that the translator cannot be reached in the event of a defect or does not respond to contact attempts by the client. In this case, the client has the right to have the defects remedied immediately by another translator or to withdraw from the contract.
(4) The client’s warranty rights shall become statute-barred after one year, unless a longer period has been agreed or results from the law. The limitation period begins with the acceptance of the work or with the delivery of the purchased item. In the event of replacement delivery or rectification of defects, the warranty period shall start anew in this respect.
(1) The Translator shall be liable for gross negligence and intent. Damage caused by computer failures and transmission faults when sending e-mails or by viruses shall not be classified as gross negligence. The Translator shall take precautions against this by means of anti-virus software. Liability for slight negligence shall only apply in the event of a breach of primary obligations.
(2) The Client’s claim against the Translator for compensation for damage caused in accordance with No.3 (3) shall be limited to EUR 5,000; in individual cases, the express agreement of a higher claim for compensation shall be possible.
(3) The exclusion or limitation of liability pursuant to No. 3 shall not apply to damage suffered by a consumer as a result of injury to life, limb or health.
(4) Claims of the Client against the Translator due to defects of the translation (§
634a BGB) shall become statute-barred one year after acceptance of the translation, unless there is malice.
The Translator undertakes to maintain confidentiality about all facts that become known to him/her in connection with work for the Client. It is strictly forbidden for the translator to establish direct contact with a client or to solicit clients during the term of a project and for 2 years after the end of the respective project. Any infringement shall be punished in accordance with the law.
(1) The Translator’s invoices are due and payable without deduction within 30-60 days of the invoice date.
(2) All prices are net plus the statutory value added tax, if applicable.
(1) German law shall apply to the order and all claims arising therefrom.
(2) The contractual language is German.
The validity of these Terms and Conditions of Contract shall not be affected by the invalidity or ineffectiveness of individual provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic result or the intended purpose.
Changes and additions
Amendments and supplements to these GTC are only valid if they have been agreed in writing. This also applies to the amendment of the written form requirement itself.
General Terms and Conditions for
The General Terms and Conditions apply to all our business transactions with our customers. The application of all other terms and conditions of purchase and delivery of the customer is hereby expressly rejected, unless we have explicitly recognised them in individual cases. The GTC are acknowledged by the customer upon placing the order and shall apply for the entire duration of the business relationship, even if we no longer refer to the GTC when accepting individual orders. They shall also
apply to future transactions. Customers are both legal entities and natural persons.
Orders of any kind must clearly indicate the object of the transaction. Verbal
subsidiary agreements as well as changes to orders shall only apply subject to our written confirmation. We shall not be liable for delays or deficiencies in execution resulting from incorrect, incomplete, misleading and illegible information provided by the client, including such in the translation specifications.
Execution by third parties
We may use third parties for the execution of all transactions if we deem it expedient
and reasonable at our discretion. We shall only be liable for the careful selection of third parties. Contacts between the customer and the third parties engaged by us require our approval.
Offers and prices
All offers and prices are subject to change. They may be adjusted to actual
circumstances and changed expenditure without separate notification. The prices apply in euros if no other currency has been agreed. All prices quoted in our offers are net prices excluding tax. Payment terms, discounts or other deductions are not granted unless expressly agreed. Special services entail a surcharge or are invoiced according to expenditure.
Unless otherwise stated in writing, the prices quoted for translation services shall be understood as prices per translated line. A line counts a maximum of fifty-five keystrokes including spaces. Longer lines shall be converted accordingly into lines of a maximum of fifty-five keystrokes. Started lines of more than forty keystrokes count as full lines. Authentications, adaptations of foreign-language advertising texts, web and software localisation, text entry, typesetting and printing work, formatting and conversion work, proofreading, express surcharges, the creation and expansion of a terminology list or glossary shall be invoiced separately according to the time involved or by agreement.
The services commissioned and accepted by us shall be performed by us in accordance with the order and these GTC. We do not owe a service that goes beyond the order. In the event of cancellation of the order, we shall be entitled to charge the client cancellation fees and cancellation fees of up to one hundred percent of the agreed fee.
Unless otherwise agreed in writing, we prepare and deliver a working translation. Certification, publication, creation and adaptation of foreign-language advertising texts, web and software localisation, text entry, typesetting and printing work, formatting and conversion work, proofreading, rush orders, the creation, expansion and use of specific terminology or a glossary must be indicated in good time when the order is placed so that we can make appropriate arrangements. We shall not be liable for inaccurate, unclear, incomplete, erroneous and incorrect information or terms within the source texts, templates, information and word collections provided by the client or in the formulation of the order. In the case of rush orders that require the service to be divided among several employees, no guarantee can be given for uniform terminology. Claims for damages and reductions of invoices are excluded. The creation or expansion of a terminology or glossary will only be carried out by express agreement. The prerequisite is that sufficient documents, such as terminology databases, pre-translations, word lists or glossaries, are provided when the order is placed.
Delivery periods and partial delivery
Delivery times are given to the best of our knowledge and belief and can only ever be expected delivery dates. They shall not be regarded as a binding assurance. The customer is obliged to accept any partial deliveries under the agreed conditions.
Disruptions, force majeure, closure and restriction of operations, network and server errors, viruses
We are not liable for damages caused by disruption of our operations, in particular by force majeure, for example natural events, strikes, traffic disruptions, traffic-related delays, network and server errors, for connection and transmission errors and other disruptions beyond our control. In these cases we are entitled to withdraw from the contract in whole or in part. The same applies if we have to close or restrict operations, in particular the online service, in whole or in part on individual days or for a certain period for an important reason.
We are not liable for damage caused by viruses, Trojans, autodialers, spam mail or comparable data. Our EDP systems (network, workstations, programmes, files, etc.) are regularly checked for such viruses and data. In the case of deliveries of files by remote data transmission (modem), e-mail or other remote transmissions, the customer is responsible for a final virus and data check of the transmitted data and text files. Any claims for damages will not be recognised by us. Electronic transmission is at the risk of the customer. We are not liable for damaged, incomplete or lost texts and data due to electronic transmission.
Acceptance of the service or delivery, including partial deliveries, is a primary obligation of the customer. If the customer refuses to accept or fails to accept, the customer shall be in default of acceptance without further reminder and shall be liable for all damages incurred.
In commercial transactions, complaints shall only be recognised if they are made in
writing immediately after transfer of the translation or after performance of the service in the case of obvious defects, immediately after the translation or the service is inspected in the case of recognisable defects, and immediately after their discovery
in the case of hidden defects, with a substantiated description of the defect. In non- commercial transactions, too, complaints must be made in writing, stating the exact nature of the defect. In commercial and non-commercial transactions, in the case of obvious defects, all complaints shall be excluded after the expiry of two weeks after the transfer of the translation or after the provision of the service, in the case of recognisable defects after the expiry of four weeks after the transfer of the translation or after the provision of the service, otherwise after the expiry of four weeks after the discovery of a hidden defect by the client. In the case of justified, duly notified
defects, we shall have the right, at our discretion, to rework the translation or the service at least twice or to provide a new translation or service. The client remains obliged to accept the service provided and to make payment.
Delay in delivery, impossibility, withdrawal, damages and liability
The customer is only entitled to withdraw from the contract or to perform the service
himself in cases of delay in performance, rectification and justifiable impossibility as well as in other cases if the deadline has been considerably exceeded and he has set a reasonable period of grace.
In commercial transactions, we shall be liable for late delivery, for non-performance and for damages, irrespective of the legal grounds, with the exception of intent and gross negligence, as well as for vicarious agents and, in the event of slight negligence, only insofar as material contractual obligations have been breached and not for consequential damages caused by defects, other indirect damages and lost profits.
The customer is subject to comprehensive obligations to cooperate. He undertakes to check every service supplied by us for freedom from defects and for usability in the specific situation before he uses the service elsewhere. We shall not be liable for consequential damage, such as faulty printing, if the customer has not fulfilled his
duty to cooperate comprehensively and in good time.
If the client wishes to have the translated text published or used for advertising purposes or to have the translation formulated in a certain style, he must provide clear information, glossaries and style and text specifications for the text to be published or for the adaptation of the advertising text when placing the order. If he conceals the aforementioned intended uses when placing the order and the text is later published or used for advertising purposes, he shall not be entitled to claim damages arising from the fact that the publication or advertising has to be repeated due to a translation error or a defective adaptation.
The assignment of rights under a contract by a customer requires our written consent.
Terms of payment
Unless otherwise agreed, we require payment in business transactions with our
customers within 30 days of the invoice date, excluding deductions, retentions and set-offs. The party placing the order shall be liable for payment in each case. If the customer is insolvent or unwilling to pay or if there are reasonable doubts about his ability or willingness to pay, we may declare the invoices due immediately. In this case, we shall be entitled to surrender the service or goods concurrently against payment or, optionally, to withdraw from the contract.
Payments made are irrevocable. If partial payments are agreed, the entire remaining amount shall become due if the customer is in default in whole or in part with at least two consecutive partial payments. Provisions of the customer regarding the crediting of payments are not binding on us. We reserve the right to set off payments against due claims and interest at our discretion. In the event of default in payment, we shall be entitled to withdraw from the contract after the expiry of a reasonable grace period or to claim damages for non-performance. Furthermore, we are entitled, after prior notice, to exercise the right of retention for all outstanding deliveries or to demand advance payments. The customer in default shall be obliged to surrender delivered goods still subject to retention of title to us upon request. Furthermore, we are entitled to demand immediate payment of all outstanding invoices and also of invoices not yet due, including deferred amounts. In the event of default in payment or deferment of payment, we shall be entitled to charge the customary credit interest from the date of default. In the event of exceeding the payment term first specified in the invoice, the customer agrees in commercial transactions to pay the customary bank credit
interest incurred by us for this purpose.
EnergyTranslations accepts no liability whatsoever for the incorrect application, use, interpretation or further use of the translated documents and their contents, or for any consequences or damage arising therefrom.
Retention of title
Until full settlement of all existing claims against the customer, the delivered service including all pending rights shall remain our property.
In the event of changes to our services by third parties, our consent must be obtained in advance until all existing claims have been settled in full.
Third party rights
The customer shall ensure that no third party rights to the information, documents
and other items provided to us conflict with any processing, exploitation, duplication and/or publication of the processing. The customer shall indemnify us and our subcontractors against any liability for claims by third parties based on the use, processing, exploitation or duplication of such information, documents and other items or the processing thereof.
We undertake to keep the information disclosed by the customer secret in the course
of the cooperation and marked as confidential and to take reasonable measures to prevent unauthorised third parties from taking cognisance of such information or documents and/or from exploiting such information and documents. The obligation to maintain secrecy ends as soon as the confidential information has become public knowledge and thus in the public domain or was already known to us. As a matter of principle, we will not disclose the client’s confidential information to unauthorised third parties, but we may use third parties to provide the services, provided they are
obliged to maintain confidentiality. The protection of confidentiality shall end three years after the information or documents have been transmitted to us.
In the case of electronic transmission of texts and data between the client and us, we do not grant absolute protection of secrecy due to the external possibilities of intervention.
Insofar as stricter confidentiality obligations are to be observed when processing certain documents, the customer is obliged to explain these obligations to us in detail in writing when placing the order and, insofar as necessary, to provide us with the programmes, codes and passwords to be used.
Right to use the trade mark
The customer grants us a simple, non-exclusive right of use to use the customer’s
word mark, figurative mark and word-picture mark (hereinafter referred to as the “mark”) worldwide and to reproduce it as part of the promotion of the cooperation. We undertake to use and reproduce the trademark exclusively as part of the reference of our customer base. We recognise the client’s rights to the trademark and undertake not to infringe these rights in any way. We may request the Trademark in electronic form at any time (i.e. print and screen compatible versions). The trademark may only be used by us in the forms and colours specified by the client.
The customer hereby agrees that his or her data will be stored in accordance with data protection laws.
The law of the Federal Republic of Germany shall apply to all legal relationships
between the customer and us to the exclusion of the uniform UN Convention on
Contracts for the International Sale of Goods (CISG).
Place of performance and jurisdiction
The place of performance and jurisdiction for our obligations and those of our customers as well as for the customer’s monetary debts is the head office of EnergyTranslations.
Any initial or subsequent invalidity of one or more provisions of these GTC shall not
affect the validity of the remaining provisions. A valid provision coming closest to the legal and economic purpose shall then be deemed agreed. The legally binding version of these GTC is the version available in German.
Changes to the GTC
These Terms and Conditions may be subject to change at short notice. Please
contact us if you wish to receive an up to date version of these General Terms and