General Terms and Conditions (GTC)
1 Scope of application
Interna Translations AG is a professional language service provider. Our scope of services includes the preparation of texts, specialist translations, adaptations and transcreations, as well as editing, proofreading and project management tasks. These General Terms and Conditions (GTC) govern the business relationship between Interna Translation AG (“Interna”) and the client and/or ordering party (“Client”). These GTC are an inseparable part of every order carried out by Interna Translations AG. When a binding order is placed by the client, the GTC become binding on the client. The client’s GTC are only binding on Interna if Interna accepts them in writing before the order is placed. Interna reserves the right to amend or supplement its GTC at any time and without prior notice.
Interna shall clarify the specific request of the client in terms of the work result, and shall provide the client with a quotation (prices plus VAT). This shall be sent in writing and shall be valid for 30 days. A contractual agreement is concluded when the client accepts the offer in writing or verbally. In the event of unforeseeable additional work being required, Interna shall be entitled to adjust the quotation subsequently and in consultation with the client or to invoice based on the actual work involved.
Where no quotation has been requested, the final price shall be calculated on the basis of the actual work involved (as a rule, the number of lines in the target version shall apply in the case of translations, an hourly rate shall apply in the case of editing or proofreading, or a minimum charge shall apply in the case of small orders).
3 Order placement and client assistance / Order cancellation
The form of execution of a text is usually “as per the original”, provided that the text was created with a standard word processing program (MS Office). The client must inform us of any alternative wishes when placing the order. In the case of formats which cannot be overwritten, e.g., PDF files, the client must specify the desired format. Otherwise, Word format usually applies. The same applies to editing and proofreading; here, “track changes” in Word format is the usual format. Specific information which cannot be known to the service provider (e.g., in-house designations, abbreviations, etc.) or which is useful for the provision of the service (glossaries, drawings, tables, previous translations, etc.) must be made available to Interna, without being requested, when the order is placed. If the client does not do this, the usual technical terms shall be used and any unexplained abbreviation shall be adopted exactly as it is.
Texts intended for printing must be proofread by the client on the latter’s own responsibility. In particular, the client must check the accuracy of figures, addresses and web links. Interna shall not be liable for errors in content or form which are due to the fact that the client has provided no, incorrect or incomplete information or has not provided this information in good time. The same applies to errors due to incorrect, incomprehensible or illegible source texts. The client’s style and personal taste are not criteria for defects and do not oblige Interna to rectify defects free of charge.
The client may cancel the execution of an order at any time up until its completion. The client shall then pay for the work done up to the time of cancellation, but at least 50 per cent of the order amount.
Interna shall endeavour to meet agreed deadlines. Interna shall not be liable for delays due to force majeure (e.g., technical breakdowns). The usual provisions on force majeure apply. Subsequent changes to the order on the part of the client may necessitate extensions of the deadline. Interna shall decide on the possible duration of such an extension. If the client has outstanding invoices, this can serve as a reason for making the delivery of a current translation dependent on the settlement of outstanding debts. The client shall be informed of such a circumstance in good time, without this jeopardising the scheduled delivery date of the current service.
5 Admissible notices of defects by the client
The client shall immediately inspect delivered services for defects. Any complaints must be made in writing to Interna within 14 days of receipt of the service; the following information is to be indicated: file name, page, paragraph and sentence as well as, if possible, the nature of the suspected defect. Unspecific notices of defects which do not allow for a targeted correction are not acceptable. Notices of defects relating to parts of a performance shall not be grounds for rejecting the entire performance. In the case of acknowledged defects, the client shall allow Interna to rectify the defect by setting a reasonable deadline. Instead of rectification, the client may demand a reasonable price reduction. Subjective expression preferences of the client shall not be deemed to be defects. Defects are essentially: misrepresentations of facts and of logical-temporal relationships as well as omissions or inadmissible additions.
6 Terms of payment
Invoices are to be paid net within 20 days. Bank charges shall be borne by the ordering party. In the event of late payment, a processing fee of CHF 40 shall be charged for the second reminder.
Interna’s liability for damages is excluded to the extent permitted by law. Interna’s liability is limited to the value of the order (total invoice amount). Further claims by the client are expressly excluded. Excluded from this is the mandatory legal liability for gross negligence and unlawful intent.
8 Confidentiality/data protection
Interna shall treat all client information as confidential. Likewise, Interna shall oblige all its employees and agents to maintain confidentiality. The client shall allow its data to be electronically processed and forwarded via the Internet. If the client would prefer a different course of action, this must be notified to Interna in writing before the order is placed.
The client shall ensure that the texts and documents may be used freely, and shall be liable for the content and copyright of the documents and papers sent to Interna. Interna shall not be obliged to check copyright, the legality of content or the authorisation for translation. The copyright to the service/translation remains with Interna until such time as the relevant invoice is paid.
10 Applicable law / place of jurisdiction
These GTC are subject to Swiss law. The exclusive place of jurisdiction is Zurich.
Valid from 1 January 2021
Original text in German. In the event of any discrepancies, the original text shall prevail.