General Terms and Conditions

Section 1 · Data protection

termbase.com (a domain of termbase – Fachübersetzungsdienst GmbH, hereinafter referred to as termbase) undertakes to treat all documents and information transmitted confidentially and to maintain secrecy, to the best of its knowledge and belief, about all facts and factual connections which become known in connection with business relations with our customers. Freelancers are bound to discretion. You can read our complete privacy policy, in accordance with the General Data Protection Regulation (EU GDPR).

Section 2 · Placing an order

The orientation of the business structure of termbase favours the placing of translation, editing or layout orders through an online procedure. For this purpose, an online quote request form has been created which can be filled out by the customer, specifying a more detailed description of the order (purpose of use, source language, target language, specific terminology requirements, number of words, etc.). All necessary additional information required to process the order (explanations, drawings, glossaries, templates) must be submitted by the client without being requested to do so. Errors, delays or quality impairments due to non-consideration of the aforementioned points, or due to inaccurate or incorrect information, shall be borne by the client.

Section 3 · Order execution

termbase shall be permitted to use third parties for the execution of the assigned tasks insofar as this appears expedient or relevant. However, the basic business relationship is exclusively between the client and termbase and excludes direct contact between the client and third parties without the consent of termbase. The work of termbase is mainly carried out by order-bound employees.

Section 3b) Unless otherwise agreed, termbase is permitted to include the client in its reference list after completed delivery. This includes the use of trademarks which are used for illustrative purposes only.

Section 4 · Delivery

Delivery shall be deemed to have taken place as soon as the respective commissioned work has been dispatched to the client. The delivery periods stated are approximate values and are to be regarded as expected dates, which are stated by termbase to the best of its knowledge and belief. termbase shall not be liable for any additional expenses incurred by the client due to non-compliance with the stated deadlines.

The client shall be responsible for checking the completeness of the transmitted data and shall be required to confirm receipt of the relevant material in writing. The dispatch of the work carried out shall be at the risk of the client. termbase shall not be liable for any faulty, incomplete or damaged transmission of the material to be delivered, or for its loss, for example during electronic transport. Certified originals are dispatched by tracked post; the dispatch date and tracking number are provided so delivery can be followed.

Section 4a · Recognition by the receiving authority

termbase asks which authority, court or registry office will receive the translation and matches the certification format to it. If that match is wrong for the named authority through a fault of termbase, the correction is free of charge, return postage in both directions is covered by termbase, and the corrected translation is redispatched within 3 working days, with the new dispatch date and tracking number provided. Acceptance of a translation is decided by the receiving authority, not by termbase; recognition abroad happens regularly, not automatically in every case. termbase does not issue apostilles.

Section 5 · Payment terms

Invoices shall be issued electronically by e-mail in PDF format, unless otherwise agreed in writing. A period of 10 days from the date of the invoice shall be set for full payment of an invoice amount, with the exception of first orders, for which an advance-payment provision shall apply. Exceeding the payment deadline will result in interest and collection costs at the usual bank rates after termbase has issued a one-time reminder by e-mail, fax or post. Subsequent corrections shall not cause a deferral of payment.

Section 6 · Pricing

All prices shown on our price list are net prices in EUR and subject to change. Prices are quoted as binding fixed prices. Swiss VAT is shown separately with the Swiss price table where it applies; no other VAT is added.

Section 7 · Retention of title & right of use

Delivered translations or other commissioned work shall remain the property of termbase until payment has been made by the client (Section 5). Until then, the copyright of the respective work lies with termbase and there is no right of use. Reproductions of any kind of the delivered material shall result in licence fees in the event of payment arrears.

Upon settlement of an outstanding claim, the complete right of use and reproduction of a translated, proofread or edited text shall pass to the client. A copyright mention is not obligatory.

Section 8 · Liability

Unless further agreements have been made with regard to specific requirements of a translation or other work, it shall be prepared by the contractor to the best of their knowledge and belief, orthographically and grammatically correct, complete and meaningful for the purpose of information. The client has the right of written objection within 10 working days (receipt by us). If this option is not exercised, or if the aforementioned deadline is exceeded, the translation shall be deemed to have been approved, or the result of a commissioned work shall be deemed to have been accepted. In this case, the client waives all claims to which they would be entitled in the event of a defect. However, if an objectively recognisable and demonstrably significant defect is complained of, this must be described as precisely as possible in order to give the contractor the opportunity to rectify the defect. In the case of the correction of rush jobs (more than 10 standard pages / 250 lines / or 2500 words per working day), the client must guarantee a reasonable period of time for rectification. If that correction is demonstrably unsuccessful, there is the possibility of a second and third revision. Should these attempts objectively fail, the client has the right to withdraw from the contract, reduce the invoice amount or rescind the contract. Claims for damages due to non-performance are excluded. Liability shall in any case be limited to the typically occurring, foreseeable damage and shall be limited to the amount of the order volume of the translation or the respective other work. The contractor shall only be liable in the event of intent and gross negligence.

termbase shall not be liable for those translation errors or other specific defects which are due to incomplete, incorrect or illegible information provided by the client. This also includes defects which occur due to errors in electronic transmission or document-format conversion. The important indication of the intended use for the translation order (advertising purposes, printing, publication, etc.) does not imply any liability for possible unsuitability of the translation or possible damage to the reputation of the company concerned. If termbase is prosecuted for copyright infringement on the basis of a translation, the client shall release us from liability to the full extent.

Section 9 · Withdrawal, termination, assignment, delay, impossibility

Until the completion of a translation or another order, a contract may only be terminated by the client by stating important reasons in writing. termbase shall be entitled to damages in the amount of the full order value for lost profit. Withdrawal from the contract by the client in the event of a delay in performance or impossibility on the part of termbase is only possible if the contractor's three attempts to remedy the situation have demonstrably failed and a reduction is excluded, as well as in the event of an unreasonable delay in delivery, after the client has set and the contractor has failed to meet a reasonable grace period set in writing. The assignment of rights arising from a contract by the client requires our written consent.

Section 10 · Force majeure & other disruptions

termbase accepts no liability for damage caused by the disruption of business operations and force majeure such as natural events, transmission errors of electronically transmitted data, impairment of data by viruses or spam filters, network or server errors and other obstacles for which we are not responsible. In the aforementioned cases, as well as in the possible exceptional situation of a partial restriction or discontinuation of our business operations, we have the right to withdraw from concluded contracts in whole or in part.

Section 11 · Scope

The GTC listed here apply to all business transactions of termbase, with headquarters in CH-6340 Baar, Rathausstrasse 14 (see our company details). The terms and conditions are accepted by customers by reading the website, placing an order or engaging in other business-related interactions, and apply for the entire duration of the business relationship. Future business is thus included. The client's terms and conditions are only binding for termbase if they have been expressly accepted.

Further agreements with our customers that deviate from the GTC are only valid if they have been legally signed by both parties. All other regulations shall continue to remain valid even then. Contractual relationships and other business connections between termbase and the customers shall be governed exclusively by the law of the company's location in Switzerland, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For all disputes, the place of jurisdiction for both parties shall be Baar, Switzerland.

Section 12 · Severability

In the event of one or more provisions of the GTC being initially or subsequently invalid, the validity of the remaining provisions shall not be affected. A valid provision that comes closest to the economic and legal purpose shall then be deemed agreed.

This is a translation from German. In the event of legal disputes, the wording of the German version shall apply.

Switzerland — separate terms.

Switzerland is outside the EU and applies its own law (the Swiss Federal Act on Data Protection, FADP, and Swiss contract law) rather than the GDPR/German civil-law basis above. termbase runs one legal notice for the German/Austrian and one for the Swiss entity split below — do not mix clauses across the two.

§ 1 Data protection

termbase.com (a domain of termbase GmbH and hereinafter referred to as termbase) undertakes to treat all documents and information transmitted confidentially and to maintain secrecy to the best of its knowledge and belief about all facts and factual connections which become known in connection with business relations with our customers. Freelancers are bound to discretion. You can read our complete data protection declaration, in accordance with the General Data Protection Regulation (EU-DSGVO).

§ 2 Placing of orders

The orientation of the business structure of termbase favours the placing of translation, editing or layout orders through an online procedure. For this purpose, an online quote request form has been created which can be filled out by the customer, specifying a more detailed description of the order (purpose of use, source language, target language, specific terminology requirements, number of words, etc.). All necessary additional information required to process the order (explanations, drawings, glossaries, templates) must be submitted by the client without being requested to do so. Errors, delays or quality impairments due to non-consideration of the aforementioned points, or due to inaccurate or incorrect information, shall be borne by the client.

§ 3 Execution of the order

termbase shall be permitted to use third parties for the execution of the assigned tasks insofar as this appears expedient or relevant. However, the basic business relationship is exclusively between the client and termbase and excludes direct contact between the client and third parties without the consent of termbase. The work of termbase is mainly carried out by order-bound employees.

§ 3b.) Unless otherwise agreed, termbase is permitted to include the client in the reference list after completed delivery. This includes the use of trademarks which are used for illustrative purposes only.

§ 4 Delivery

Delivery shall be deemed to have taken place as soon as the respective commissioned work has been dispatched to the Client. The delivery periods stated are approximate values and are to be regarded as expected dates, which are stated by termbase to the best of its knowledge and belief. The termbase shall not be liable for any additional expenses incurred by the client due to non-compliance with the stated deadlines.

The client shall be responsible for checking the completeness of the transmitted data. The latter shall be required to confirm receipt of the relevant material in writing. The dispatch of the work carried out shall be at the risk of the client. termbase shall not be liable for any faulty, incomplete or damaged transmission of the material to be delivered, or for its loss, for example during electronic transport. Certified originals are dispatched by tracked post; the dispatch date and tracking number are provided so delivery can be followed.

§ 4a Recognition by the receiving authority

termbase asks which authority, court or registry office will receive the translation and matches the certification format to it. If that match is wrong for the named authority through a fault of termbase, the correction is free of charge, return postage in both directions is covered by termbase, and the corrected translation is redispatched within 3 working days, with the new dispatch date and tracking number provided. Acceptance of a translation is decided by the receiving authority, not by termbase; recognition abroad happens regularly, not automatically in every case. termbase does not issue apostilles.

§ 5 Terms of payment

Invoices shall be issued electronically by email in PDF format, unless otherwise agreed in writing. A period of 10 days from the date of the invoice shall be set for full payment of an invoice amount, with the exception of first orders, for which an advance payment provision shall apply. Exceeding the payment deadline will result in interest and collection costs at the usual bank rates after termbase has issued a one-time reminder by e-mail, fax or post. Subsequent corrections shall not cause a deferral of payment.

§ 6 Pricing

All prices shown on our price list are net prices in EUR and subject to change. As our registered office is outside the EU, we do not charge VAT there. The tax liability is regulated according to § 13b UStG in the reverse charge procedure.

§ 7 Retention of title & Right of use

Delivered translations or other commissioned work shall remain the property of termbase only until payment has been made by the client (§ 5). To date, the copyright of the respective work lies with termbase and there is no right of use. Reproductions of any kind of the delivered material shall result in licence fees in the event of payment arrears.

Upon settlement of an outstanding claim, the complete right of use and reproduction of a translated, proofread or edited text shall pass to the client. A copyright mention is also not obligatory.

§ 8 Liability

Unless further agreements have been made with regard to specific requirements of a translation or other work, it shall be prepared by the contractor to the best of his knowledge and belief, orthographically and grammatically correct, complete and meaningful for the purpose of information. The client has the right of written objection within 10 working days (receipt by us). If this option is not exercised, or if the aforementioned deadline is exceeded, the translation shall be deemed to have been approved, or the result of a commissioned work shall be deemed to have been accepted. In this case, the client waives all claims to which he would be entitled in the event of a defect. However, if an objectively recognisable and demonstrably significant defect is complained of, this must be described as precisely as possible in order to give the contractor the opportunity to rectify the defect. In the case of the correction of rush jobs (more than 10 standard pages/ 250 lines/ or 2500 words per working day), the Client must guarantee a reasonable period of time for rectification. If that correction is demonstrably unsuccessful, there is the possibility of a second and third revision. Should these attempts objectively fail, the client has the right to withdraw from the contract, reduce the invoice amount or rescind the contract. Claims for damages due to non-performance are excluded. Liability shall in any case be limited to the typically occurring, foreseeable damage and shall be limited to the amount of the order volume of the translation or the respective other work. The contractor shall only be liable in the event of intent and gross negligence.

termbase shall not be liable for those translation errors or other specific defects which are due to incomplete, incorrect or illegible information provided by the client. This also includes defects which occur due to errors in electronic transmission or document format conversion. The important indication of the intended use for the translation order (advertising purposes, printing, publication, etc.) does not imply any liability for possible unsuitability of the translation or possible damage to the reputation of the company concerned. If termbase is prosecuted for copyright infringement on the basis of a translation, the client shall release us from liability to the full extent.

§ 9 Withdrawal, termination, assignment, delay in delivery, impossibility

Until the completion of a translation or another order, a contract may only be terminated by the client by stating important reasons in writing. termbase shall be entitled to damages in the amount of the full order value for lost profit. Withdrawal from the contract by the client in the event of a delay in performance or impossibility on the part of termbase is only possible if the contractor's three attempts to remedy the situation have demonstrably failed and a reduction is excluded, as well as in the event of an unreasonable delay in delivery, after the client has failed to meet a reasonable grace period set in writing. The assignment of rights arising from a contract by the client requires our written consent.

§ 10 Force majeure and other disruptive factors

termbase accepts no liability for damage caused by the disruption of business operations and force majeure such as natural events, transmission errors of electronically transmitted data, impairment of data by viruses or spam filters, network or server errors and other obstacles for which we are not responsible. In the aforementioned cases, as well as in the possible exceptional situation of a partial restriction or discontinuation of our business operations, we have the right to withdraw from concluded contracts in whole or in part.

§ 11 Scope

The listed GTC apply to all business transactions of termbase, with headquarters in CH-6340 Baar, Rathausstrasse 14 (see our company details). The terms and conditions are accepted by customers by reading the website, placing an order or other business-related interactions and apply for the entire duration of the business relationship. Future business is thus included. The client's terms and conditions are only binding for termbase if they have been expressly accepted.

Further agreements with our customers that deviate from the GTC are only valid if they have been legally signed by both parties. All other regulations shall continue to remain valid even then. Contractual relationships and other business connections between termbase and the customers shall be governed exclusively by the law of the company's location in Switzerland, to the exclusion of the International Sales Convention. For all disputes, the place of jurisdiction for both parties shall be Baar, Switzerland.

§ 12 Effectiveness

In the event of one or more provisions of the GTC being initially or subsequently invalid, the validity of the remaining provisions shall not be affected. A valid provision that comes closest to the economic and legal purpose shall then be deemed agreed.

This is a translation from German. In the event of legal disputes, the wording of the German version shall apply.