General Terms and Conditions
Unless otherwise agreed in writing, the following conditions apply to the scope of the service. Oral agreements are equivalent to the written agreements mentioned in these General Terms and Conditions if they are documented in writing by the contractor, or are in accordance with industry practice. Once these General Terms and Conditions have been accepted by a client, whereby the institutional client and not the individual clerk is always considered to be the client, they also apply to all subsequent orders, even if they have not been explicitly agreed for this purpose. Any deviating agreement requires the written confirmation of YOUNG TRANSLATIONS. The client explicitly waives the assertion of his own general terms and conditions.
1. Scope of service
1.1 These General Terms and Conditions shall apply to all present and future business relations between the buyer (hereinafter referred to as the Client) and the company which provides the services listed under 1.2 (referred to as Young Translations), unless expressly agreed otherwise in individual cases.
1.2 The scope of service provided for the Client includes translating, project management, and the organisation and provision of additional services.
1.3 Young Translations shall undertake to provide all requested services to the best of its ability and on the principles of profitability.
1.4 The Client shall undertake to notify the Young Translations at the stage of preparing the quotation about the intended use of the requested translation, e.g. if it
- is intended only for use in a specific country,
- is for information purposes only,
- is intended for publication and advertisement,
- or for legal purposes or patent procedures,
- or if it is intended for any other purpose in which a specific translation of the text is required from Young Translations.
1.5 The Client must use the translation for the indicated purpose only. If the Client uses the translation for a purpose other than that which has been agreed upon, Young Translations does not assume any liability.
1.6 Unless agreed otherwise, Young Translations shall deliver a single copy of the translation in an electronic format.
1.7 If the Client wants a specific technology to be used, he/she shall notify Young Translations thereof and also provide the required information and/or documents for using this technology.
1.8 The sole responsibility for the accuracy of the content and language of the source text lies with the Client.
1.9 Young Translations has the right to pass on orders to equally qualified subcontractors. However, in this case she shall remain the sole language service provider and contractual partner of the Client.
1.10 The name “Young Translations” may only appear in the published translation if the entire text has been translated by us and if the translation has not been modified in any way at a later stage without our consent.
2. Prices, additional invoicing conditions
2.1 Translation prices are subject to the rates (by agreement) of Young Translations that apply to the corresponding type of text to be translated.
2.2 The basis of calculation shall be the agreed unit (e.g. target text, source text, hourly rate, number of pages/lines/words).
2.3 A cost estimate shall only be considered binding if given in writing after the respective documents to be translated have been presented and viewed. Any other cost estimate shall be considered a non-binding guideline only.
The cost estimate is created to the best of Young Translations’ professional knowledge. However, no liability for its accuracy shall be assumed. If a cost increase of more than 15% occurs after order placement, Young Translations shall notify the Client thereof immediately. If cost increases of to 15% are unavoidable, a separate notification is not required and the resulting costs may be invoiced without prior notice.
2.4 Unless otherwise agreed, order modifications or additional orders shall be invoiced at appropriate prices.
2.5 The stability of value of all initial and additional claims shall apply. The measure for calculating the rate shall be the Consumer Price Index, published monthly by the Austrian Central Office for Statistics, or another index in its place. The index number calculated for the month of the contract’s conclusion serves as reference value. Fluctuations of the index number in either direction up to and including 2.5% shall not be taken into consideration. This range shall be recalculated each time it is exceeded or undercut; the first index number beyond the range shall act as the basis for the reassessment of the amount receivable as well as for the calculation of the new range.
Pay or salary increases or reductions deriving from collective agreements shall entitle Young Translations to corresponding subsequent price adjustments.
2.6 For correcting translations done by a third party, a reasonable rate may be charged unless otherwise agreed in individual cases.
2.7 For express and weekend work reasonable surcharges may be calculated and shall be agreed upon accordingly.
3.1 In terms of the delivery deadline for translations, the prior agreement between the Client and Young Translations shall be deemed decisive. If the delivery date is crucial to the order accepted by Young Translations and the Client will not be able to accept a delivery later than the indicated deadline, the Client shall expressly notify Young Translations thereof in advance.
The timely receipt of all documents to be supplied by the Client in the agreed scope (e.g. source texts and all required background information) as well as compliance with the agreed payment terms and further liabilities shall be the prerequisite for meeting the delivery deadline of a fixed-date transaction. If these prerequisites are not met on time, the delivery deadline shall be extended by the additional time which has passed until making the required documents available to Young Translations. In case of a fixed-date transaction it shall be incumbent upon Young Translations to determine whether the deadline previously agreed with the Client can be met even if the receipt of the required documents is delayed.
3.2 The Client shall bear any risks associated with the delivery (transmission).
3.3 Unless otherwise agreed, the documents made available to Young Translations by the Client remain with Young Translations after completion of the translation order. Young Translations shall ensure that these documents are stored carefully so that unauthorised persons do not have access to them, that the obligation of confidentiality is not violated, and that the documents cannot be used in breach of contract.
4. Force majeure
4.1 Young Translations shall notify the Client immediately in the event of force majeure. In this case, both Young Translations and the Client shall be entitled to withdraw from the contract. However, the Client shall pay or compensate Young Translations for all services provided before the termination of the contract.
4.2 Force majeure shall be deemed to include in particular: labour disputes; acts of war; civil war; occurrence of unforeseeable events which can be proved to have a decisive effect on the ability of Young Translations to complete the contract as agreed.
5. Liability for defects (warranty)
5.1 All defects must be sufficiently explained and proven in writing by the Client within one month (error protocol).
5.2 The Client shall grantYoung Translations an appropriate period for resolving defects and give us the opportunity to revise and improve our work. If all defects are resolved by Young Translations within the agreed period, the Client shall not be entitled to a price reduction.
5.3 If Young Translations allows a reasonable extension period to expire without removing the defects, the Client shall be entitled to withdraw from the contract or demand a price reduction. In case of minor defects, the Client shall not be entitled to withdraw from the contract.
5.4 Warranty claims shall not entitle the Client to withhold the entire invoice amount but only a reasonable part; in this case the Client shall not be entitled to set off this amount against other payments.
5.5 A warranty for translations which are going to be used in publications shall only be granted if the Client has explicitly stated in writing when placing the order that he/she intends to publish the translated text, and if Young Translations is submitted proofs for sign-off (author’s correction) including the final version after which no further changes will be made. In this case, Young Translations shall be entitled to appropriate remuneration for proofreading.
5.6 No warranty shall be granted for barely legible, illegible or incomprehensible source texts. The same applies to corrections of translations by third parties.
5.7 Stylistic corrections or the adjustment of specific terminology (especially those relating to industry- or company-specific terms), etc., shall not be considered translation defects.
5.8 No liability for defects shall be granted for order-specific abbreviations which have not been indicated or explained by the Client when placing the order.
5.9 Numbers shall only be reproduced according to the source text. The conversion of numbers, dimensions, currencies, etc., is the responsibility of the Client.
5.10 Young Translations shall be liable as a custodian pursuant to the Austrian Civil Code for a duration of four weeks after order completion for the source texts, originals, etc., provided by the Client, if they are not returned to the Client when delivering the translation. There is no insurance duty. Point 3.3 applies analogously for refunds.
5.11 Young Translations shall carry out the transmission of source texts via data transfer systems (such as e-mail, modem, etc.) according to the latest technology standards. For technical reasons, however, Young Translations shall not accept any liability or grant any warranty for defects and impairments resulting from data transfer (such as virus transmission, violation of the duty of confidentiality, damage of data), as long as no gross negligence can be assumed on the side of Young Translations.
6. Compensation for damages
6.1 All claims for damages against Young Translations shall be limited to the (net) invoice amount unless legally required otherwise. Cases in which the damage was caused wilfully or by gross negligence and cases of personal injury shall be excluded from this compensation restriction.
7. Retention of ownership
7.1 All documents provided to the Client within the scope of the order shall remain the property of Young Translations until all liabilities arising from the contract have been settled.
7.2 All kinds of documents not included in the order, such as parallel texts, software, brochures, catalogues and reports, as well as all documents ensuing costs, such as literature or scripts, shall remain the intellectual property of Young Translations and are protected by the relevant statutory provisions.
7.3 The distribution and reproduction of such documents is subject to the prior consent of Young Translations.
7.4 All translation memories created during one or several orders shall remain the property of Young Translations, unless agreed otherwise.
7.5 Translation memories made available by the Client shall remain the property of the Client, unless agreed otherwise.
8.1 Young Translations shall not be responsible for verifying whether the Client has the right to translate the source texts or have them translated. The Client explicitly guarantees that he/she holds all rights for placing the translation order.
8.2 In case of copyrighted translations, the Client shall indicate the intended use of the translated text. The Client shall only acquire such rights which correspond to the indicated intended use of the translation.
8.3 The Client shall be obliged to indemnify and hold Young Translations harmless against all claims raised by third parties resulting from the violation of copyright, neighbouring rights, other commercial proprietary rights or personal privacy rights. This shall also apply if the Client does not state any intended purpose or uses the translation for purposes other than those stated. Young Translations shall notify the Client of such claims without delay and, in the event of legal action, shall notify the Client of the dispute. If the Client does not join Young Translations as third party in the proceedings, Young Translations shall be entitled to accept the plaintiff´s claim and to hold itself harmless against the Client regardless of the legitimacy of the recognised claim.
9.1 Unless otherwise agreed, the payment shall be made without deductions within 14 days upon receipt of invoice.
Young Translations shall be entitled to demand an appropriate payment on account in advance.
If the collection of the translation is agreed on and the translation is not collected on time by the Client, the Client´s payment duty shall become effective on the agreed day on which the translation is made available for collection.
9.2 If payment is delayed, Young Translations shall be entitled to retain the work documents made available by the Client (e.g. documents to be translated). If payment default occurs, reasonable default interests shall be charged.
9.3 If the Client violates the terms of payment agreed with Young Translations (e.g. payment on account), Young Translations shall be entitled, after notifying the Client, to stop working on current orders until the Client meets the agreed payments conditions. This shall also be applicable for orders where a fixed delivery deadline has been agreed on (see point 3.1). The ceasing of work shall, on the one hand, not entitle the Client to legal claims against Young Translations and, on the other hand, Young Translations shall not be prejudiced in their rights in any way.
10. Duty of confidentiality
Young Translations shall be legally bound to confidentiality and shall undertake to oblige all subcontractors to observe the same level of confidentiality.
11. Severability clause
Should individual provisions in these conditions be legally ineffective, such ineffectiveness shall not affect the validity of the General Terms and Conditions as a whole. Should one provision of these General Terms and Conditions be or become completely or partially void or unenforceable, both contracting parties shall endeavour to replace it by an effective and enforceable provision which comes closest to the commercial purpose of the provision to be replaced.
- Data protection
The Client agrees that the personal data contained in the contract may be stored and processed automatically by Young Translations in compliance with the provisions of the Austrian Data Protection Act (DSG) and the General Data Protection Regulation of the European Union (GDPR).
- Written formAll modifications and additions to these General Terms and Conditions and of other agreements laid down between Young Translations and the Client shall be made in writing.14. Applicable law and jurisdiction
The place of performance of all contractual relationships, subject to the present General Terms and Conditions, shall be the registered office of Young Translations. For any dispute arising from this contract the relevant appropriate court in Vienna, Austria, shall be responsible.
Austrian law is applicable with exemption of referral rules and the UN Sales Convention.