General Terms and Conditions (GTC)

RUSHITI Interpreting and Translation Agency
Waitzstr. 16, 10629 Berlin

Scope
These terms and conditions apply to contracts between the contractor and its client (customer), unless otherwise expressly agreed or mandatorily required by law. A direct business relationship is established between the client and the contractor. The client acknowledges these terms and conditions upon placing the order, and they remain valid for the entire duration of the business relationship. The client's general terms and conditions are binding on the contractor.

Order placement
Orders must be placed in writing. Verbal orders must be confirmed in writing or a deposit of at least 50% of the anticipated order value is required. An order is considered accepted by the contractor unless it is rejected immediately. No separate order confirmation is required. Written order confirmations will only be issued upon request or where deemed expedient. The source text will be provided by the client to the contractor in person, by mail, fax, or electronically. The order is considered placed upon receipt of the material and a written order from the client. No liability is assumed for delays resulting from incorrect or incomplete delivery of the source text. The client must inform the contractor of any special requirements for the translation (translation on data carriers, number of copies, layout, etc.) no later than when placing the order. The intended use of the translation must be specified. If the translation is intended for printing, the client must provide the contractor with a proof for review.

Client's duty to cooperate and provide information
The contractor reserves the right to contact the client to clarify representations or statements in the source text, but is not obligated to do so. This obligation will be fully met even if, in such cases, the translation can be prepared based on the understood meaning, exercising normal diligence to the best of their knowledge and using common linguistic principles. Therefore, all source texts should be written according to the rules of modern spelling and punctuation and contain only clear and unambiguous formulations and terms (even for those unfamiliar with the source text). Adaptation to the client's established company terminology will only be undertaken if sufficient and complete documentation (in particular, the client's glossaries, previous translations, illustrations, drawings, tables, abbreviations, etc.) is provided unsolicited before or at the time of order placement. Errors resulting from failure to comply with these obligations will be the responsibility of the client.

execution
The contractor may, if deemed appropriate, engage third parties to perform all tasks. In such cases, the contractor is only liable for the careful selection of these third parties. Contact between the client and any engaged third party is permitted only with the contractor's consent. The business relationship exists solely between the contractor and the client. The translation will be carried out in accordance with the principles of proper professional practice. The contractor's task is to render the meaning and content of a given text accurately into another language. A translation can be expected to meet the same quality standards as the source text. However, it is not required to surpass its quality; it is not the translator's responsibility to improve source texts without a specific instruction, for example, by correcting meaning-distorting spelling or punctuation errors, ambiguous expressions, convoluted phrasing, or other defects. The client is solely liable for all defects in the source text. Unless expressly agreed otherwise, all translations will be produced as machine-readable text that is free of significant spelling or grammatical errors and substantially conforms to linguistic conventions. Before such initial drafts are processed into sophisticated printed materials, they should be subject to further review and possible improvements by the client. Upon explicit request, the contractor will also undertake, for a separate fee, the editing up to the point of print readiness, as well as proofreading the galley proofs. Technical terms will be translated into the generally accepted, lexically appropriate, or generally understandable version, unless the client has provided supporting documentation or specific instructions. Defects in the translation resulting from illegible, faulty, or incomplete source texts, or from incorrect or inaccurate client-specific terminology, are not the responsibility of the contractor. In cases where work does not achieve the desired quality of service due to time constraints imposed by the client—i.e., if, for example, necessary reviews and improvements cannot be omitted, handwritten corrections in the initial draft cannot be transferred to the final version, or other reasons attributable to the client prevent normal execution—the aforementioned quality assurances cannot be guaranteed. This does not give rise to a claim for a reduction in price for the client. Any potential savings in work steps in such cases are considered offset by the additional workload resulting from unavoidable time pressure.

Complaints and defect rectification
If the client is a merchant, complaints will only be accepted if, in the case of obvious defects, they are submitted in writing to the contractor immediately after delivery of the translation or performance of the service; in the case of recognizable defects, immediately after their inspection, which must be carried out without delay; and in the case of hidden defects, immediately after their discovery, specifying the defect precisely. Even in non-commercial transactions, complaints must be submitted in writing with a specific description of the defect. All claims for defects are excluded in both commercial and non-commercial transactions after two weeks from delivery of the translation or performance of the service for obvious defects, and in commercial transactions after four weeks from delivery of the translation or performance of the service for recognizable defects and after two weeks from discovery of hidden defects. If the client has properly notified the contractor of defects and provided a justification, the contractor is obligated, at its discretion, to remedy the defect, replace the defective goods, reduce the price, or rescind the contract (Sections 633, 634 of the German Civil Code). The client must grant a reasonable period for remedying defects. If the repair or replacement does not remedy the defects, the right to a price reduction or contract cancellation is reinstated. The client may not have any defects repaired independently or by third-party contractors without prior consultation. If this occurs, any additional costs incurred are not to be borne by the contractor, nor is the contract value to be reduced as a result.

Liability
The contractor is liable for gross negligence and intent to a reasonable extent. Liability for slight negligence only arises in the event of a breach of essential contractual obligations. The contractor is not liable for damage to or loss of electronic materials provided by the client. The client is responsible for adequate data backup. Should a justified complaint nevertheless arise, the contractor is liable for financial losses up to a maximum of €300.00 in each individual case. If the client does not specify the intended use when placing the order, especially if the target text is intended for publication or advertising purposes, they cannot claim compensation for damages resulting from the target text proving unsuitable for the intended use, or from the need to repeat publication or advertising due to inadequate adaptation, or from damage to the company's reputation or image. If the client does not indicate that the translation is intended for printing, does not provide a proof copy before printing, and prints without our approval, any defects are entirely their responsibility.

Delivery times
Delivery periods and dates are agreed upon when the order is placed and are binding. The client is only entitled to withdraw from the contract in cases of delay or impossibility of performance attributable to the contractor if the delivery period has been exceeded by an unreasonably long time and the client has set a grace period in electronic or written form. In commercial transactions, we are liable for late delivery, non-performance, and for our vicarious agents. In both commercial and non-commercial transactions, liability for slight negligence is limited to twice the invoice value of the damaged delivery or service. In commercial transactions, liability for intent or gross negligence on the part of our vicarious agents who are not executive employees is limited to three times the invoice value of the damaged delivery or service and to a maximum of €10,000. In commercial transactions, the liability limits mentioned in the preceding sentence are reduced to one-third if the client is insured against damages caused by us. The contractor is not in default, however, as long as performance is prevented by circumstances beyond their control (e.g., postal delays, server problems, etc.). If the failure to meet a delivery deadline is due to force majeure, the contractor is entitled to withdraw from the contract or to request a reasonable extension from the client. Further rights, in particular claims for damages, are excluded in these cases. If the scope of the contract is changed, delivery deadlines and fees must be renegotiated. The client is not entitled to derive claims for rescission or price reduction from deadlines they believe have not been met. This does not affect the right to terminate the contract in accordance with statutory provisions.

Protection of confidentiality
The contractor undertakes to treat as confidential all information and documents provided by the client in connection with the contract. However, absolute protection of trade secrets, confidential information, and other confidential data and information cannot be guaranteed during the electronic transmission of texts and data, as well as any other electronic communication between the client, the contractor, and any potential subcontractors, since it cannot be ruled out that unauthorized third parties may gain electronic access to the transmitted texts.

Remuneration and basis of calculation
We generally calculate the fee for the translation immediately after its completion.
Invoices are payable immediately upon receipt, but no later than 14 days after the invoice date. The final amount shown on the invoice is payable without deduction by bank transfer or cash. For projects spanning a longer period, partial invoices may be issued according to the progress of the work. These partial invoices are payable on the aforementioned dates, independent of previous or future invoices for the same project. In special cases, e.g., for first-time orders from unknown clients without proof of sufficient creditworthiness, other payment terms apply, such as prepayment or cash on delivery. The scope of the translation is determined based on the number of standard lines in the finished translation. A standard line consists of 55 characters. Partial lines with fewer than 30 characters and lines exceeding the standard length are converted to standard lines. In addition to the agreed fee, the contractor is entitled to reimbursement of actual expenses incurred. Proofreading is billed according to the time and materials required. Additional costs, such as travel expenses, may also be added to the fee. Additional costs include postage and telephone charges, travel expenses, overnight stays, photocopies, certifications, etc., as well as the legally applicable value-added tax (VAT). If the fee is not agreed upon, a reasonable and customary fee commensurate with the nature and difficulty of the work is due. At a minimum, the rates listed in the Law on the Remuneration of Experts, Interpreters, Translators, and the Compensation of Lay Judges, Witnesses, and Third Parties (Judicial Remuneration and Compensation Act – JVEG) are considered reasonable and customary. All offers and prices are subject to change without notice. Prices are quoted in euros unless another currency has been agreed upon. All prices quoted are net prices, excluding VAT.

Retention of title and copyright

The client only acquires the right to use the translation after full payment. The translator retains the copyright to the translation.

Contract termination
Except for other compelling reasons, we may terminate an existing contract without notice if, due to payment default or other circumstances (§ 626 German Civil Code), there is reason to believe that our fee claim will not be adequately or promptly satisfied by the client. No specific form of termination is required. No claims for damages may be asserted against us. If the client terminates the contract, they are obligated in any case to pay our fee claim accrued up to the termination date based on working time, amounting to at least 50% of the contract value. Our time spent will be determined solely by our records.

Disruption, force majeure, network and server errors, viruses
We accept no liability for damages caused by disruptions to our operations, particularly those caused by force majeure, such as natural disasters and traffic disruptions, network and server errors, any other line and transmission failures, and other obstacles beyond our control. We are also not liable for damages caused by viruses. Our IT systems (networks, workstations, programs, files, etc.) are regularly checked for viruses. When files are delivered via email, dial-up (modem), or any other remote transmission method, the customer is responsible for a final review of the transmitted files and texts. Claims for damages in this regard cannot be accepted.

Applicable law and jurisdiction
The contractual relationship and all other business dealings between us and the customer are governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent permitted by law, the exclusive place of jurisdiction for all disputes shall be the local court responsible for the contractor's place of residence.

Effectiveness
The invalidity of one or more provisions of the General Terms and Conditions, whether initially or subsequently, shall not affect the validity of the remaining provisions.
In such cases, a valid provision that most closely approximates the legal and economic purpose shall be deemed agreed upon.