1 GENERAL

The Terms and Conditions apply for all of T&I Portfolios GmbH's business with its clients. The client recognizes the Terms and Conditions through the placement of his order and they apply for the entire period of the business relationship. The Terms and Conditions can be viewed on T&I Portfolios GmbH's homepage, 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 supplements of and collateral agreements to this agreement must be made in writing in order to be valid.

2 TRANSLATION SERVICES

2.1 The Placement of Orders
The client will place his translation order in written form, per fax or e-mail. Orders can also be placed per telephone or other informal orders can be taken should special circumstances exist such as for example, rush jobs, etc.; potential 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 wishes or the intended use for the translation. This is especially important should the text be published and/or printed. 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 offers and prices are subject to change. The prices are quoted in Euro, unless otherwise stipulated.
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 resp. anticipated 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 to the translation or no specific requirements are apparent from the type of order, then the translator will translate 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 translators. 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 not irrelevant defect within this 5-day period, then this defect must be described as detailed as possible. The translator must be first given the opportunity for subsequent improvement. This also applies for rush orders with a short completion deadline.
If the subsequent improvement was demonstrably unsuccessful, then the client is entitled to reduction or rescission of contract. Any further claims, including claims for damages due to nonfulfilment, are excluded.
The liability for gross negligence and intent is unaffected by this; the translator is liable for slight negligence only if he fails to carry out contractually relevant duties (so-called "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 explicitly 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 (also parts of texts) source texts. 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 resp. if an imperfect adaptation results in republishing or new advertising or leads to defamation 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 translator from all liability when, due to a translation, a copyright is infringed upon and as a result, claims are made, also 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: forces of nature and traffic problems, network and server problems, any other line faults and transmission problems or any other hindrance beyond our control. In such exceptional cases the translator is entitled to withdraw from the contract, in part or in full. The same applies when, due to reasons of importance, business operations, especially the online-service, must cease or be closed down for a certain period of time, completely or partially.
Damages caused by viruses are also excluded. Within the framework of his duty to cooperate, the client is responsible for making a final check of any data delivered per e-mail or any other means of transmission. Such damage claims will not be recognized.

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. The interest customary in banking will be charged 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 the passage of title.

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 the electronic transmission of texts and data, as well as any other communication in electronic form between the client, the translator and any of his employees, no absolute protection for company and information secrets or any other confidential data and information can be guaranteed as we cannot rule out unauthorized third parties gaining access to the transmitted texts over electronic channels outside of the client's sphere.

3.1 Disclaimer
Liability for damage is excluded unless damage is due to intentional or gross negligence on the part of T&I Portfolios GmbH or its employees.

3.2 Place of Fulfilment / Jurisdiction
Place of fulfilment and jurisdiction is Saarbrücken.

3.3 Severability 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.