Sprachendienst Jutta Heinz-Jotgter
1 Scope
(1) These Terms & Conditions shall apply to any agreements between the Translator, Mrs. Jutta Heinz-Jotter, and the Customer, unless otherwise expressly agreed or statutorily required.
(2) General terms & conditions of the Customer shall only be binding for the Translator if expressly agreed to by her.

2 Subject
The translation shall be prepared carefully in accordance with accepted professional standards. The Customer shall receive the translation as contractually agreed.

3 Customer's Duties to Cooperate and Provide Information
(1) The Customer shall inform the Translator in due time about the form the translation is supposed to have (purpose, delivery on data carriers, numbers of copies, readiness for press, design, etc.). If the translation is to be printed, the Customer shall provide the Translator in due time prior to the printing with a copy for proof-reading so that the Translator can remove any mistakes. The names and dates must be checked by the Customer.
(2) When giving the order, the Customer shall provide the Translator with any information and documents required for the preparation of the translation (Customer's terminology, illustrations, drawings, tables, abbreviations, internal vocabulary, etc.).
(3) The Translator shall not be responsible for any mistakes or delays that result from the fact that the Customer has not provided such information or instructions at all or not in due time.
(4) The Customer shall assume liability for the rights in the text and make sure that a translation thereof may be prepared. The Customer shall indemnify the Translator against any related third party claims.

4 Customer's Rights in Case of Defects
(1) The Translator reserves the right to supplementary performance (Nacherfüllung). Initially, the Customer is only entitled to a removal of any mistakes in the translation.
(2) The claim for supplementary performance may only be asserted by the Customer if the defect is defined in detail.
(3) If the Translator does not remove the defects with respect to which the Customer asserts a claim within a reasonable period or refuses to remove them or if the removal of defects must be deemed to have failed, the Customer may - after having heard the Translator - at the cost of the Translator
have the defects removed by a different translator or, at the choice of the Customer, request a reduction of the remuneration or withdraw from the contract. The removal of defects shall be deemed to have failed, if the translation still contains defects even after several attempts of the Translator to remove them.

4 Liability
(1) The Translator shall be liable for gross negligence and willful intent. Such damages that are caused by a computer outage or an interrupted transmission when sending e-mails or by a computer virus shall not be deemed to result from gross negligence. The Translator shall take the necessary measures against this by using anti-virus software. The Translator shall only be liable for slight negligence if main duties are violated.
(2) The claim for compensation against the Translator in case of a damage according to section 5 (4) shall be limited to an amount of 5000 EUR; in individual cases, however, an expressive agreement to the effect that a higher claim for compensation applies shall be permissible.
(3) The exclusion or limitation of liability in accordance with section 5, (1) and (2) shall not apply for damages suffered by a consumer resulting from an injury to life, body, or health.
(4) Claims of the Customer against the Translator due to defects in the translation (section 634a of the German Civil Code (Bürgerliches Gesetzbuch (BGB)) shall expire one year after the translation was accepted, unless in the event of fraud (Arglist).
(5) The liability for consequential damages caused by a defect shall, notwithstanding section 634a BGB, expire after the statutory limitation period is over. Section 202 (1) BGB shall remain unaffected.

6 Professional Confidentiality
The Translator shall treat confidential all facts that become known to her when working for the Customer.

7 Third Party Involvement
(1) The Translator is entitled to involve employees or competent third parties in the completion of the order.
(2) When involving competent third parties, the Translator shall ensure that these third parties undertake to comply with the duty of confidentiality in accordance with section 6.

8 Remuneration
(1) The Translator's invoices shall be due and payable without deduction within 14 days after the invoice date.
(2) The prices are net prices to which the statutory VAT will be added.
(3) In addition to the remuneration agreed, the Translator shall be entitled to a reimbursement of the costs actually incurred as agreed with the Customer. The statutory VAT will be added, if required by law. In case of translations of a large amount of text, the translator is entitled to request that a reasonable amount of the remuneration is paid in advance. In advance, the Translator may agree with the Customer in writing that the translation will only be delivered if the full amount of the remuneration was paid before.
(4) In the absence of an agreement on the remuneration, such reasonable and customary remuneration shall be due that reflects the nature and difficulty level of the text. The rates on which this remuneration is based may not be lower than the rates stated in the version of the German Act on the Payment and Compensation by Judicial Authorities (Justizvergütungs- und entschädigungsgesetz (JVEG).

9 Retention of Title and Copyright
(1) Until the full amount of the remuneration was paid, the title to the translation will remain with the Translator. Until then the Customer shall not have any right of use.
(2) The Translator reserves any copyright that may exist.

10 Right to Withdraw
If the Translator offered the preparation of translations on the internet, and if the placement of the order to translate is a result of this offer, and if the Translator has already begun with the translation and has informed the Customer to this effect, the Customer waives any right to withdraw that may exist.

11 Applicable Law
(1) German law shall apply for the order and all claims resulting therefrom.
(2) If the Customer is a merchant entered in the German Commercial Register (Handelsregister) as a merchant (Vollkaufmann), the place of jurisdiction is Cologne, Germany.
(3) The place of performance shall be the place of residence of the Translator.
(4) The language of the agreement shall be German.

12 Severability Clause
If individual provisions in these Terms & Conditions are void or invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision with an economic result or intended purpose that resembles as closely as possible the result or purpose of the original provision.

13 Modifications and Amendments
Modifications and amendments to these Terms & Conditions shall only be valid if agreed in writing. This also applies to the written form requirement itself.