1 GENERAL

The Terms and Conditions apply for all of T&I Portfolios GmbH's business with its clients. The client recognises the Terms and Conditions through the placement of his order and they apply for the entire duration of the business relationship. The Terms and Conditions can be viewed on T&I Portfolios GmbH's website or, when desired, made available to the client in print form.

The client's terms and conditions are only binding for us if we have expressly acknowledged them. Any additional agreements and collateral clauses must be made in writing in order to be valid.


2 TRANSLATION SERVICES

2.1 Placement of Orders

The client will place his translation order in written form, by fax or e-mail. Orders can also be placed by telephone or other informal orders can be taken should special circumstances exist such as rush jobs, etc.; any problems resulting from this however, are at the client's expense.

The client will communicate the target language of the text when placing his order and where applicable, special terminology requirements or the intended use for the translation, which is sensible in particular if the text is for publication and/or printing. The client may choose between several different data formats for the deliverables. T&I Portfolios GmbH will not be liable for delays or defects in the execution of the work resulting from unclear, incorrect or incomplete order placement.

2.2 Prices

All quotes and prices are subject to change. The prices are quoted in Euro, unless otherwise agreed. A deposit or payment in installments for partially delivered work may be requested for more extensive orders.

2.3 Delivery and Completion Deadlines

The delivery and completion dates will be specified to the client to the best of our knowledge. They are however, only estimated or expected dates. An order is deemed fulfilled when the translation is sent to the client.

2.4 Liability

If no special agreements were made about qualitative requirements of the translation or no specific requirements are apparent from the type of order, then the contractor will prepare the translation of the text completely and faithfully to the best of his ability and knowledge. The translation shall be fit for its stated purpose and target readership and grammatically correct (de lege artis). Translations shall be deemed to be required to be of "for information" quality.

If the client does not immediately object in written form, at the latest however within five days, then the translation is deemed as accepted. The relevant date is the date of receipt at the client. With his acceptance, the client abandons all claims entitled to him for potential defects in the translation.

Should the client contest an objectively existent and non-negligible defect within this 5-day period, then this defect must be described in as detailed a manner as possible. The contractor must first be given the opportunity to make amendments. This also applies for rush orders with a short completion deadline.

If the amendment was demonstrably unsuccessful, then the client is entitled to reduction or rescission of contract. Any further claims, including claims for damages due to non-fulfilment, are excluded.

The liability for gross negligence and intent is unaffected by this; liability for slight negligence is only applicable in the event of failure to carry out duties essential to the contract ("default in performance of contract").

In any case, the liability sum is limited to the value of the respective order. Recourse liability for damage claims from third parties is expressly excluded.

T&I Portfolios GmbH is not liable for translation errors resulting from incorrect, incomplete or delayed information or documents from the client or incorrect or illegible source texts (including in part). If no intended use for the translation was stated, especially if the text was intended for publishing or advertising purposes, then the client may not claim damages if the text proves unsuitable for the use intended or if an imperfect adaptation results in republishing or new advertising or leads to damage to reputation or a loss of image for the company.

If the client does not state that the translation is to be printed or if he does not send us proofs before going to press and prints without our clearance, then all defects are at his expense.

The client frees the contractor from all liability when, due to a translation, a copyright is infringed upon and claims are made as a result, including those from third parties.

2.5 Acts of God: Network and Server Errors, Viruses

T&I Portfolios GmbH is not liable for damages resulting from business interruptions, especially through acts of God, such as natural phenomena and traffic disruption, network and server problems, any other line faults and transmission problems or any other hindrance beyond our control. In such exceptional cases the contractor is entitled to withdraw from the contract, in part or in full. The same applies when business operations, especially the online service, must for cause completely or partially cease or be closed down for a certain period of time.

Liability for damages caused by viruses is also excluded. As part of his duty to co-operate, the client is responsible for making a final check of any files and texts delivered by e-mail or any other means of telecommunication. Damage claims relating to this will not be recognised.

2.6 Assignment

The assignment of contract rights by the client to a third party requires the written consent of T&I Portfolios GmbH.

2.7 Terms of payment

Our fee is due, in full, within 14 days of the invoice date. The client may not offset an invoice or retain fees. Interest will be charged in line with banking practice should the term of payment be exceeded. The delivered translation remains property of T&I Portfolios GmbH until complete payment of the full invoiced amount. The client has no right of use until transfer of ownership.

2.8 Confidentiality

All texts will be handled confidentially. T&I Portfolios GmbH commits itself to secrecy on all of the facts in connection with their work for the client. Given electronic transmission of texts and data, as well as any other communication in electronic form between the client, the contractor and any of his agents, no absolute protection for company and information secrets or any other confidential data and information can be guaranteed as we cannot rule out unauthorised third parties gaining access to the transmitted texts over electronic channels outside of the client's sphere.

3. FINAL CONDITIONS

3.1 Disclaimer

Liability for damage is excluded unless damage is due to intentional or grossly negligent behaviour on the part of T&I Portfolios GmbH or its agents.

3.2 Place of Fulfilment/Jurisdiction

Place of fulfilment and jurisdiction is Saarbrücken.

3.3 Safeguarding Clause

In the event that one or more of the provisions in these Terms and Conditions is or are invalid, the validity of the remaining provisions shall be unaffected. The contracting parties agree to replace any invalid provision with one that is equivalent in its business effect.