General Terms and Conditions



Scope of Application

These Terms and Conditions apply to contracts between dito
Beglaubigungen (the “Contractor”) and its customer (the “Client”), unless
expressly agreed otherwise or required by mandatory law. By placing an order,
the Client accepts these Terms and Conditions, which apply throughout the
business relationship. The Client’s general terms and conditions are binding on
the Contractor only if the Contractor has expressly accepted them.

Placement of Orders

Orders must be placed in writing. Verbal orders must be
confirmed in writing or accompanied by an advance payment of at least 80% of
the anticipated order value. No separate order confirmation is required.
Written order confirmations are issued only upon request or where considered
appropriate.

The Client shall provide the source text to the Contractor
in person, by post, by telex or electronically. An order is deemed to have been
placed once the materials and the Client’s written order have been submitted.
No liability is accepted for delays resulting from the incorrect or incomplete
submission of the source text.

The Client must inform the Contractor of any special
requirements for the translation no later than when placing the order,
including delivery on data storage media, the number of copies and the
presentation of the translation. The intended use of the translation must be
specified.

If the translation is intended for printing, the Contractor
is liable for errors only if the Contractor has carried out a final check for
the Client after completion of the layout.

Client’s Obligations to Cooperate and Provide Information

The Contractor reserves the right to ask the Client to
clarify information or statements in the source text but is not obliged to do
so. Every source text should therefore comply with current spelling and
punctuation rules and contain only clear, unambiguous wording and terms that
are understandable even to persons outside the Client’s business.

The translation will be adapted to the Client’s established
company terminology only if sufficient and complete reference materials,
particularly glossaries, previous translations, illustrations, drawings, tables
and lists of abbreviations, are supplied without being requested, either before
or when the order is placed.

The Client shall bear responsibility for errors resulting
from failure to comply with these obligations.

Performance of Services

The Contractor may engage third parties to carry out any
business activities where considered appropriate. In doing so, the Contractor
is liable only for exercising due care in selecting such third parties. Contact
between the Client and an engaged third party is permitted only with the
Contractor’s consent. As a rule, the business relationship exists solely
between the Contractor and the Client.

The translation shall be carried out in accordance with the
principles of proper professional practice. The Contractor’s task is to
reproduce the meaning of a given text accurately in another language. A
translation may be expected to meet the same quality standards as the source
text, but it need not exceed the quality of that text. Unless specifically
commissioned to do so, the translator is not responsible for improving source
texts, for example by correcting spelling or punctuation errors that distort the
meaning, ambiguous expressions, cumbersome wording or other defects. The Client
is solely liable for all defects in the source text.

Unless expressly agreed otherwise, all translations shall be
provided as clean, typed copies containing no substantial spelling or
grammatical errors and substantially conforming to accepted linguistic usage.
Before such initial drafts are used to produce high-quality printed materials,
they should undergo further review and, where necessary, improvement by the
Client. Upon express request and for an additional fee, the Contractor will
also undertake editing to publication-ready standard and proofreading of galley
proofs.

Unless the Client has supplied reference materials or
special instructions, technical terms shall be translated using equivalents
that are generally customary, justifiable by reference to dictionaries or
generally understandable.

The Contractor is not responsible for defects in the
translation attributable to poorly legible, incorrect or incomplete source
texts or to erroneous or incorrect client-specific terminology.

Where work fails to achieve the intended quality due to time
pressure imposed by the Client, the quality commitments stated above cannot be
guaranteed. This applies, for example, where necessary reviews and improvements
must be omitted, handwritten corrections to the first draft cannot be
incorporated into the clean copy, or other circumstances attributable to the
Client prevent normal performance. This does not entitle the Client to a
reduction in the fee. Any saving of work stages in such cases is deemed to be
offset by the additional burden resulting from time pressure for which the
Contractor is not responsible.

Complaints and Rectification of Defects

If the Client is a merchant within the meaning of German
commercial law, complaints shall be accepted only if submitted to the
Contractor in writing, with a precise description of the defect:


For
obvious defects, without undue delay after delivery of the translation or
performance of the service.
For
defects discoverable upon inspection, without undue delay after the
inspection, which must itself be carried out without delay.
For
hidden defects, without undue delay after their discovery.


In non-commercial transactions, complaints must likewise be
submitted in writing with a specific description of the defect.

In both commercial and non-commercial transactions, notices
of obvious defects are excluded after two weeks from delivery of the
translation or performance of the service. In commercial transactions, notices
of defects discoverable upon inspection are excluded after four weeks from
delivery of the translation or performance of the service, and notices of
hidden defects are excluded after two weeks from their discovery.

If the Client has duly notified and substantiated a defect,
the Contractor shall, at its discretion, rectify the defect, provide a
replacement, reduce the fee or rescind the contract pursuant to sections 633
and 634 of the German Civil Code (BGB).

If the translator fails to rectify the reported defects
within a reasonable period, refuses to rectify them, or rectification is deemed
to have failed, the Client may, after giving the Contractor an opportunity to
comment, have the defects rectified by another translator at the Contractor’s
expense. Alternatively, the Client may request a reduction in the fee or
withdraw from the contract.

Rectification is deemed to have failed if the translation
remains defective after several attempts to remedy the defects.

Liability

The Contractor’s liability is unlimited where the damage is
caused by intent or gross negligence.

The Contractor is also liable for a slightly negligent
breach of essential obligations where such breach jeopardises the achievement
of the contractual purpose, or of obligations whose fulfilment is indispensable
to the proper performance of the contract and on whose observance the parties
regularly rely. In such cases, however, liability is limited to foreseeable
damage typical of the contract. The Contractor is not liable for a slightly
negligent breach of obligations other than those specified in the preceding
sentences.

The above limitations of liability do not apply to death,
personal injury or damage to health, or to fraudulently concealed defects.
Liability under the German Product Liability Act remains unaffected.

Where the Contractor’s liability is excluded or limited,
this also applies to the personal liability of its employees, representatives
and persons engaged to perform its contractual obligations.

Delivery Periods and Deadlines

Delivery periods and deadlines are agreed when the order is
placed and are binding. In cases of delay in performance or impossibility of
performance attributable to the Contractor, the Client is entitled to withdraw
from the contract only if the Contractor has exceeded the delivery period by an
unreasonably long time and the Client has set an additional period for
performance electronically or in writing.

In commercial transactions, we are liable for late delivery,
non-performance and persons engaged to perform our contractual obligations. In
both commercial and non-commercial transactions, liability for slight
negligence is limited to twice the invoice value of the delivery or service
giving rise to the damage.

In commercial transactions, liability for intent or gross
negligence on the part of persons engaged to perform our contractual
obligations who are not senior employees is limited to three times the invoice
value of the delivery or service giving rise to the damage, subject to a
maximum of EUR 20,000. In commercial transactions, the liability limits
specified in the preceding sentence are reduced to one third if the Client is
insured against damage caused by us.

The Contractor is not in default for as long as performance
is prevented by circumstances for which it is not responsible, such as postal
delays or server problems.

If a delivery deadline is not met due to force majeure, the
Contractor is entitled to withdraw from the contract or to request a reasonable
extension from the Client. Further rights, particularly claims for damages, are
excluded in such cases.

If the subject matter of the order changes, delivery periods
and fees must be renegotiated. The Client is not entitled to claim rescission
or a reduction in the fee on the basis of deadlines which, in the Client’s
opinion, have not been met. The right to terminate the contract in accordance
with statutory provisions remains unaffected.

Confidentiality

The Contractor undertakes to treat as confidential all
information and documents supplied by the Client in connection with the order.

Where texts and data are transmitted electronically, or
other electronic communication takes place between the Client, the Contractor
and any persons engaged to perform contractual obligations, absolute protection
of business secrets, confidential information and other confidential data
cannot be guaranteed. Unauthorised third parties may gain electronic access to
the transmitted texts.

Fees and Basis of Calculation

We calculate the fee for the relevant service when preparing
the quotation. Invoices are payable immediately upon receipt and no later than
14 days from the invoice date. The total amount stated on the invoice must be
paid without deduction by bank transfer or in cash.

For orders extending over a longer period, interim invoices
may be issued according to the progress of the work. These are payable within
the periods stated above, independently of earlier or subsequent invoices for
the same order.

In special cases, such as first orders from previously
unknown clients where there is no indication of sufficient creditworthiness,
other payment terms may apply, including advance payment or cash on delivery.

The volume of the translation is determined by the number of
words in the source text. Proofreading and correction work are charged
according to the time and effort involved.

Any incidental expenses, such as courier charges, travel
expenses, accommodation, photocopies and certifications, together with
statutory value added tax (VAT), are payable in addition to the fee.

If no fee has been agreed, reasonable and customary
remuneration appropriate to the nature and difficulty of the work shall be
payable. For this purpose, the rates specified in the German Act on the
Remuneration of Experts, Interpreters and Translators and the Compensation of
Lay Judges, Witnesses and Third Parties (Judicial Remuneration and Compensation
Act – JVEG) shall be regarded as the minimum reasonable and customary rates.

All quotations and prices are non-binding. Prices are stated
in euros unless another currency has been agreed. All prices quoted are net
prices excluding VAT.

Termination of the Contract

In addition to other grounds for termination for good cause,
we may terminate an existing contract without notice if late payment or other
circumstances within the meaning of section 626 of the German Civil Code (BGB)
give reason to believe that the Client will not pay our fees in full or on
time. No particular form is required for such termination. No claims for
damages may be asserted against us in this respect.

If the Client terminates the contract, the Client shall in
all cases pay the fees accrued up to the termination of the contract on the
basis of the working time spent. Our records shall be the sole basis for
determining that working time.

The Client is entitled to prove that no loss was incurred or
that the loss incurred was lower.

Disruptions, Force Majeure, Network and Server Errors,
and Viruses

No liability is accepted for damage caused by operational
disruptions, particularly force majeure, such as natural events and traffic
disruptions, network and server errors, other connection and transmission
disruptions, or other obstacles for which we are not responsible.

We are also not liable for damage caused by viruses. Our IT
systems, including networks, workstations, software and files, are regularly
checked for viruses.

Where files are delivered by email, remote data transmission
via modem or any other means of remote transmission, the Client is responsible
for a final check of the transmitted files and texts. Claims for damages in
this respect cannot be accepted.

Governing Law and Jurisdiction

The contractual relationship and all further business
relationships between us and the Client are governed exclusively by German law,
excluding international sales law.

To the extent legally permissible, the local court
(Amtsgericht) having jurisdiction over the Contractor’s place of residence
shall have exclusive jurisdiction over all disputes.

Severability

If one or more provisions of these General Terms and
Conditions are invalid from the outset or become invalid subsequently, the
validity of the remaining provisions shall remain unaffected.

In such a case, a valid provision that most closely reflects
the legal and economic purpose of the invalid provision shall be deemed to have
been agreed.