A. General Terms and Conditions of Translation and Business

§ 1 General and scope of application

The following translation and business conditions apply to all contracts between Mr. Sascha Annisius (hereinafter referred to as "Translator") and his clients, insofar as they are entrepreneurs or a legal entity under public law. 

Deviating or supplementary general terms and conditions of the Client shall only become part of the contract if expressly acknowledged by the Translator.

The contractual language is German. German law shall apply exclusively.

§ 2 Conclusion of contract

The Translator shall submit an offer for the translation or service requested by the Client upon verbal request, written request or request by e-mail. The binding conclusion of the contract requires first the transmission of the order by e-mail or by sending a signed order by the client. The contract is concluded when the translator has confirmed the content of the order to the client in writing, in text form or by providing the service.

The translator's offers are subject to change and non-binding. The prices listed in the individual offer are valid in each case. In addition to the net prices listed in the offers, the respectively valid value added tax is to be paid.

§ 3 Services and terminology 

The Translator undertakes to translate the text provided by the Client into the agreed target language in such a way that it does not contain any defects. The Translator shall ensure that the translation is generally made without abridgement, addition or other changes to the content. In doing so, the Translator reserves the right to insert comments, footnotes, etc. for the understanding of the text in the target language and/or to make corrections of obvious errors; the Translator shall point out such corrections to the Client. 

Unless otherwise agreed, the Translator's services shall exclusively comprise the translation of a text provided by the Client into the target language. Proofreading, subsequent text layout, editing, adoption of graphics and images as well as text assembly, production of print templates or HTML / XML documents, etc. shall be charged on a time basis, unless the parties have agreed otherwise. Translations shall be carried out in accordance with the generally accepted rules of the agreed target language with regard to language usage, spelling and grammar. Technical terms and special vocabulary shall be translated with the common or usual meaning. If the Client has a specific terminology or form requirement for the translation or one that deviates from generally accepted rules, this shall only be used if this has been expressly agreed in the contract. In this case, the Client shall provide instructions (sample texts, parallel texts, glossaries and the like) in digital editable form. Upon the Translator's request, the Client shall provide professional consultation. 

The Translator is entitled to use qualified subcontractors to fulfill its contractual obligations.

§ 4 Obligations of the Customer to Cooperate

When requesting an offer, the Client shall inform the Translator about the desired forms of the translation (intended use, delivery on data carriers, file format, number of copies, if applicable, readiness for printing, external form of the translation, etc.). If the translation is intended for printing, the translator will receive a proof for review prior to printing. The client usually submits the text to be translated to the translator in a digitally editable form. The source material must be legible and submitted to the Translator at the time and in the format specified by the Translator. Changes and additions to the source material are generally submitted to the Translator after consultation with the Translator, marking the changes in comparison to the original version. The additional work associated with this shall be remunerated separately.

The Client shall provide the Translator with information and documents necessary for the production of the translation when placing the order (Client's technical terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.). 

The client assures that the translation of the source text as well as the 

publication, distribution, sale and any other use of the translation to be delivered does not constitute an infringement of third party rights and that he is authorized without restriction to have the text translated. The Client shall indemnify the Translator against all third party claims to this effect.

§ 5 Acceptance, obligation to give notice of defects, rectification of defects, warranty period

After completion of the service, the text or the agreed service shall be made available to the Client in writing or in text form in the desired format. If the client does not raise any objections within 14 days of receipt of the translation or agreed service, the translation or agreed service shall be deemed to have been accepted in accordance with the contract. 

Obvious defects must be reported immediately, at the latest within 14 days.

The Client shall notify the Translator of an obvious defect in writing or in text form within the period of 14 days and shall request the Translator to remedy the designated defect within a reasonable period of time. If the rectification fails, the Client shall grant the Translator a second opportunity to rectify the defect. If this also fails, the Client shall be entitled to demand the cancellation of the contract or the reduction of the agreed fee. 

Hidden defects must be reported to the Translator within a period of 14 days after discovery. Otherwise, § 5 para. 3 of these GTC shall apply.

The warranty period is 12 months after acceptance. This shall not apply insofar as the Translator is compulsorily liable pursuant to § 6 in accordance with the statutory provisions. In this case, the statutory regulations shall apply. 

§ 6 Liability

The Translator's liability shall be governed by the statutory provisions in cases of intent or gross negligence. Liability for warranties shall be strict regardless of fault.

The Translator shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. An essential contractual obligation shall be understood to be an obligation the fulfillment of which enables the proper execution of the contract in the first place and the observance of which the contractual partner may regularly rely on.

However, claims for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. Foreseeable damages typical for the contract are those which are subject to the protective purpose of the contractual or legal norm violated in each case. The Translator shall be liable to the same extent for the fault of vicarious agents and representatives.

The provisions of the preceding paragraph shall extend to damages in addition to performance, damages in lieu of performance and claims for reimbursement of expenses incurred in vain, irrespective of the legal grounds, including liability for defects, default or impossibility.

A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations.

§ 7 Delivery dates and delay

Unless the Translator has expressly designated a delivery date as a binding date, it shall not constitute a binding or guaranteed delivery date.

If the Translator is negligently in default with the agreed service and if the Client makes a credible case that he has suffered damage as a result of the delay, the Client may claim liquidated damages. The liquidated damages shall amount to 1 % of the agreed fee for each full day of delay, but in total not more than 50 % of the agreed fee. The client's right to withdraw from the contract remains unaffected by this. 

A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations.

§ 8 Rights of use and copyrights 

Insofar as the Translator's performance creates works in whole or in part within the meaning of copyright law, the Client may use and exploit the works for the contractually intended purpose without restriction in terms of space, content and time in view of the performance made available to him. Within the scope of the contractually intended purpose, the client is entitled to edit, modify and transfer the performance to third parties. In this case, the Client is only entitled to name the Translator as the author of the text in agreement with the Translator. Any use of the Translator's performance beyond the contractually intended purpose shall require the Translator's express consent.

§ Section 8 (1) sentences 1 and 2 of the GTC shall not apply to the production of a confirmed translation. A confirmed translation is a translation whose complete conformity with the original is confirmed by the translator authorized to do so by a court. As a rule, translations of official documents (e.g. excerpts from the Commercial Register, deeds or certificates) must always be confirmed. The client is not entitled to edit or change a confirmed translation.

If the Translator develops a specific terminology database or a translation memory ("Translation Memory", TM) while working for a Client or if the Translator further develops existing databases of the Client, the copyright and rights of use to the databases or the further developed part of the databases shall exclusively belong to the Translator, notwithstanding Section 8 (1). This shall not apply if the parties have expressly agreed otherwise.

§ 9 Secrecy

The Translator shall treat the orders and the information received with the orders as strictly confidential even after the completion of the respective order.

The Translator offers to conclude separate confidentiality or non-disclosure agreements with the Clients.

The Translator shall also conclude an identical agreement with its subcontractors.

§ 10 Remuneration and terms of payment

Unless the parties have expressly agreed otherwise, the Translator shall invoice the Client for the agreed service immediately after delivery of the translation or the services agreed pursuant to § 3. The invoice is due for immediate payment without deduction. 

In the case of an order volume of more than € 1,500.00, 30% of the agreed fee shall be due upon placement of the order. With regard to the remaining balance the following applies 

§ 10 para. 1 of these GTC.

The rights associated with the translation or with the service shall belong exclusively to the Translator until the remuneration has been paid in full.

§ 11 Data protection provision

This data protection notice applies to data processing by the Translator. Person responsible: Mr. Sascha Annisius, Viktoriastraße 14, 04317 Leipzig, Germany, e-mail: sascha.annisius@protonmail.com, Tel.: +49 (0) 1573 879 86 53.

The client of the translator can expect a smooth processing of the order. In this context, it is unavoidable that certain data of the client are stored using technical means. When accepting an order, the translator collects a number of personal data as so-called basic data, which are required in order to smoothly execute the placed order. Only such data is stored that is absolutely necessary for the fulfillment of the contract. The Translator collects and uses personal data of the Client exclusively in accordance with the provisions of the applicable data protection laws of the Federal Republic of Germany. The Translator collects, processes and uses the following information:

Salutation, first name, last name, a valid e-mail address, address, telephone number (landline and / or mobile phone), other information required for the processing of any existing performance or warranty claims and the assertion of any claims against the client.

The data is collected in order to be able to identify the client as a customer, to be able to provide the commissioned service properly and promptly, for invoicing and for the settlement and assertion of mutual claims. The data processing is carried out at the request of the client and is necessary for the stated purposes within the meaning of Art. 6 para. 1 p. 1 lit. b DSGVO. 

The personal data collected by the Translator for the purpose of processing the order will be stored until the expiry of the statutory retention obligation and then routinely deleted, provided that they are no longer required for the performance or initiation of the contract and/or a legitimate interest of the Translator in their continued storage exists. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately. 

Insofar as this is necessary for the processing of the order in accordance with Art. 6 Para. 1 Sentence 1 lit. b DSGVO, personal data of the client will be passed on to third parties. This includes in particular the transfer to a subcontractor of the Translator or to the transport company commissioned to deliver the translation. The data passed on may be used by the third party exclusively for the purposes stated. Otherwise, the data will only be passed on to third parties with the consent of the client. 

The client has the right,

in accordance with Art. 7 (3) DSGVO to revoke his consent once given to the Translator at any time. This has the consequence that the Translator may no longer continue the data processing based on this consent for the future; 

pursuant to Art. 15 DSGVO to request information about the personal data processed by the Translator. In particular, the client may request information about the purposes of processing, the category of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, if possible the planned storage period or, if this is not possible, the criteria for determining the period, the existence of a right of rectification, erasure, restriction of processing or opposition, the existence of a right of appeal to a supervisory authority, the available information of the origin of his data, if not collected from the translator, as well as on the existence of automated decision-making, including profiling, and, if applicable. request meaningful information on the details thereof;

in accordance with Art. 16 DSGVO to immediately demand the correction of incorrect or completion of his personal data stored by the Translator;

pursuant to Art. 17 DSGVO to request the immediate erasure of his or her personal data stored by the Translator, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defense of legal claims;

to request the restriction of the processing of his personal data in accordance with Art. 18 DSGVO if the correctness of the data is disputed by him, the processing is unlawful but he objects to its erasure, the Translator no longer requires the data but the Client needs them for the assertion, exercise or defense of legal claims or he has objected to the processing in accordance with Art. 21 DSGVO;

in accordance with Art. 20 DSGVO, to receive the personal data that he or she has provided to the Translator in a structured, common and machine-readable format or to request that it be transferred to another controller;

complain to a supervisory authority pursuant to Art. 77 DSGVO. As a rule, the customer can contact the supervisory authority of his usual place of residence, workplace or the company headquarters of the translator for this purpose.

If the client's personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, he has the right to object to the processing of his personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from his particular situation.

If the client wishes to exercise his right of objection, it is sufficient to send an e-mail to: sascha.annisius@protonmail.com.

The Translator has established technical and organizational security measures to protect data, in particular against loss, manipulation or unauthorized access. The Translator shall regularly adapt the security precautions to ongoing technical developments.

B. General interpreting and business conditions

§1 General and scope

The following General Terms and Conditions shall apply to all contracts between Mr. Sascha Annisius (hereinafter referred to as "Interpreter") and their clients, insofar as they are entrepreneurs or a legal entity under public law.

Deviating or supplementary general terms and conditions of the client shall only become part of the contract if the interpreter has acknowledged them in writing or by e-mail.

The contractual language is German. German law shall apply exclusively.

§ 2 Services of the interpreter and duty of confidentiality 

For the agreed fee, the interpreter shall provide the services that are expressly listed in the offer or in the order/contract.

Services which have not been expressly agreed in accordance with § 2 Para. 1. shall be remunerated separately as a matter of principle.

The interpreter is obliged to treat all information that comes to his/her knowledge during the execution of this contract as strictly confidential and, in particular, not to derive any unlawful benefit from it.  

The duty of confidentiality does not extend to information and documents that are generally known and/or have been publicly disclosed by third parties.

§ 3 Obligations of the Customer to Cooperate

The client is aware that the interpreter must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work program, agenda, reports, presentations, motions, etc.) in order to be able to guarantee an error-free performance.

The Client is therefore obliged to provide the Interpreter with a complete set of all relevant documents in the languages into and from which the Interpreter is to interpret according to clause 6 of the Order/Contract in a common file format as soon as possible, but no later than 8 working days before the start of the event.

The interpreter shall receive a copy of all documents and manuscripts read out during the event no later than 8 working days before the start of the event, which - unless expressly agreed otherwise - may remain with the interpreter or be destroyed after the end of the event. 

Film recordings must also be made available to the interpreter 8 working days before the start of the event in a standard file format. 

§ 4 Working conditions and the interpreter's right to refuse services

The Client is aware that the interpreter's flawless performance can only be guaranteed within the framework of the following working conditions:

Unless the parties have expressly agreed otherwise, the interpreter requires an interpreting booth. Fixed simultaneous interpreting booths and equipment must comply with the requirements of ISO standard 2603, transportable ones with the requirements of ISO standard 4043. If the interpreter also provides the necessary interpreting booths on the basis of a separate agreement between the parties, the client shall ensure that the necessary technical connections for the booths are available at the venue. The interpreter must have a direct view of the respective speaker, the meeting room and any projection screens used from the booth. The use of television monitors does not replace the direct view. The client is also obliged to ensure that the interpreter can hear the texts to be interpreted with the best possible quality.

Video conferences: The client is obliged to involve the interpreter in the planning of a video conference from the very beginning and to clarify with her the conditions for the feasibility of such a conference. The working conditions must comply with ISO standards 2603 and 4043 and CEI 914. Sound quality must be in the 125-150 hertz range. High-resolution monitors are essential.

At least 2 interpreters are required for simultaneous interpreting assignments. 

Maximum working time per interpreter: 5-7 hours per day, depending on the subject matter, unless otherwise agreed by the parties.

In the case of a daily assignment lasting 5 to 7 hours, the interpreter shall be granted 30-minute breaks in the morning, 60-minute breaks at noon and additional 30-minute breaks in the afternoon, depending on the subject matter, unless the parties have agreed otherwise. 

The interpreter is entitled to refuse the agreed service if he/she does not find the working conditions specified above. His/her claim to fee and reimbursement of any expenses (travel expenses, etc.) shall remain unaffected by this.   

§5 Warranty and liability

The interpreter is obliged to work to the best of his/her knowledge and belief. 

If the interpreter renders his/her services despite the fact that at the beginning of the service he/she does not find the working conditions regulated in § 4, the client cannot in this case assert any rights arising from poor performance due to the inadequate working conditions. In particular, a reduction of the fee is excluded in this case.  

The interpreter's liability shall be governed by the statutory provisions in cases of intent or gross negligence. The liability for guarantees is independent of fault.

The interpreter shall be liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of essential contractual obligations. An essential contractual obligation shall be understood to be an obligation the fulfillment of which enables the proper execution of the contract in the first place and the observance of which the contractual partner may regularly rely on.

However, claims for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. Foreseeable damages typical for the contract are those which are subject to the protective purpose of the contractual or legal norm violated in each case. The interpreter shall be liable to the same extent for the fault of vicarious agents and representatives.

The provisions of the preceding paragraph shall extend to damages in addition to performance, damages in lieu of performance and claims for reimbursement of expenses incurred in vain, irrespective of the legal grounds, including liability for defects, default or impossibility.

A change of the burden of proof to the disadvantage of the customer is not connected with the above regulations.

§ 6 Amendments to the contract

Should the interpreter be prevented from fulfilling the contract for an important reason, he/she shall be prepared, to the best of his/her ability and to the extent that this can reasonably be expected of him/her, to ensure that a professional colleague takes over the duties arising from this contract in his/her place. This shall be agreed with the Client. 

§ 7 Rights of use and copyrights

Unless otherwise expressly agreed in the contract, the product of the interpreting service is intended exclusively for immediate hearing. 

A recording of the interpreting service is only permitted after prior written agreement. In particular, this agreement shall also regulate which rights of use are transferred to the client for the use of the recording. If the parties fail to make a sufficiently clear provision regarding the rights of use and copyrights to the recording, utilization of the recording for any purpose whatsoever shall only be permitted with the written consent of the interpreter.  

Any further use (e.g. direct transmission; transmission using the Internet, web streaming, etc.) shall require a separate contractual agreement. Section 7 (2) of these Terms and Conditions shall also apply in this respect.

§ 8 Remuneration and terms of payment

Unless the parties have expressly agreed otherwise, the interpreter shall invoice the client for the agreed service immediately after the event. The invoice is due for payment without deduction within 10 days after receipt of the invoice.

In the case of an order volume in excess of € 1,500.00, 30% of the agreed fee shall be due upon placement of the order. With regard to the remaining balance, § 8 para. 1 of these GTC shall apply.

§ 9 Data protection provisions

This data protection notice applies to data processing by the interpreter. Person responsible: Mr. Sascha Annisius, Viktoriastraße 14, 04317 Leipzig, Germany, e-mail: sascha.annisius@protonmail.com, Tel.: +49 (0) 1573 879 86 53.

The client of the interpreter can expect a smooth processing of the order. In this context, it is unavoidable that certain data of the client are stored using technical aids. When accepting an order, the interpreter collects a number of personal data as so-called basic data, which are required in order to be able to execute the placed order smoothly. Only such data is stored that is absolutely necessary for the fulfillment of the contract. The interpreter collects and uses personal data of the client exclusively within the framework of the provisions of the applicable data protection law of the FRG. The interpreter collects, processes and uses the following information:

Salutation, first name, last name, a valid e-mail address, address, telephone number (landline and / or mobile phone), other information required for the processing of any existing performance or warranty claims and the assertion of any claims against the client.

The data is collected in order to be able to identify the client as a customer, to be able to provide the commissioned service properly and promptly, for invoicing and for the settlement and assertion of mutual claims. The data processing is carried out at the request of the client and is necessary for the stated purposes within the meaning of Art. 6 para. 1 p. 1 lit. b DSGVO. 

The personal data collected by the interpreter for the purpose of processing the order will be stored until the expiry of the legal obligation to retain the data and will then be routinely deleted, provided that it is no longer required for the performance of the contract or the initiation of the contract and/or the interpreter has a legitimate interest in continuing to store it. Should the exercise of intervention rights require deletion, the data concerned will be deleted immediately. 

Insofar as this is necessary for the processing of the order according to Art. 6 para. 1 p. 1 lit. b DSGVO, personal data of the client will be passed on to third parties. This includes in particular the transfer to a subcontractor of the interpreter. The data passed on may be used by the third party exclusively for the purposes stated. Otherwise, the data will only be passed on to third parties with the consent of the client. 

The client has the right,

in accordance with Art. 7 (3) DSGVO to revoke his/her consent once given to the interpreter at any time. This has the consequence that the interpreter may no longer continue the data processing based on this consent for the future;

request information about the personal data processed by the interpreter in accordance with Art. 15 DSGVO. In particular, the client may request information about the purposes of processing, the category of personal data processed, the recipients or categories of recipients to whom your data have been or will be disclosed, if possible the planned storage period or, if this is not possible, the criteria for determining the period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint with a supervisory authority, the available information of the origin of his or her data, if not collected from the interpreter, as well as on the existence of automated decision-making, including profiling, and, where applicable to request meaningful information on the details thereof; in accordance with Art. 16 DSGVO, to request without delay the correction of inaccurate or completion of his or her personal data stored by the Interpreter;

pursuant to Art. 17 DSGVO to request the immediate erasure of his/her personal data stored by the interpreter, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

to request the restriction of the processing of his/her personal data in accordance with Art. 18 DSGVO if the correctness of the data is disputed by him/her, the processing is unlawful but he/she objects to its erasure, the interpreter no longer needs the data but the client requires it for the assertion, exercise or defense of legal claims or he/she has objected to the processing in accordance with Art. 21 DSGVO;

pursuant to Art. 20 DSGVO to receive the personal data provided to the interpreter in a structured, common and machine-readable format or to request the transfer to another controller; pursuant to Art. 77 DSGVO to complain to a supervisory authority. As a rule, the client can contact the supervisory authority of his usual place of residence, workplace or the company headquarters of the interpreter for this purpose.

If the client's personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, he has the right to object to the processing of his personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from his particular situation.

If the client wishes to exercise his right of objection, it is sufficient to send an e-mail to: sascha.annisius@protonmail.com.

The interpreter has set up technical and organizational security measures to protect data, in particular against loss, manipulation or unauthorized access. The interpreter regularly adapts the security measures to ongoing technical developments.

The text of the above General Terms and Conditions has been prepared by Hermann J. Bauch, Attorney at Law, Paul-Finger-Str. 12, 50858 Cologne, Germany, unless it reproduces legal requirements verbatim or in spirit. The contents are subject to German copyright law. Duplication, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the law firm Hermann J. Bauch.