Terms and conditions

The following general terms and conditions shall apply to contracts between El-Maghraby Language Service and its clients, unless otherwise agreed in writing or required by law. The general terms and conditions of the client are only binding for El-Maghraby Language Service if El-Maghraby Language Service has expressly agreed to them in writing.

1. Confidentiality

El-Maghraby Language Service commits itself to treat all transmitted documents and information as confidential and to maintain confidentiality about all facts and factual contexts to the best of its ability.

2. Scope of application

(1) These terms and conditions apply to contracts between El-Maghraby Language Service and its clients (customers), unless otherwise expressly agreed upon in writing or prescribed by law.

(2) The general terms and conditions of the client are only binding for El-Maghraby Language Service if El-Maghraby Language Service has expressly agreed to them in writing.

3 Duty of cooperation and clarification

(1) The Client shall inform El-Maghraby Language Service about any special requests or requirement regarding the execution of the translation or the interpreting service (translation on data carriers, number of copies, the external form of the translation, general conditions of the interpreting assignment, etc.) at the latest when the order is placed. The purpose of use of the translation as well as the interpreting service shall also be indicated. If the translation is intended for printing or the interpreting service is intended for recording, the Client shall inform El-Maghraby Language Service of this in advance, as additional fees may be incurred in this case.

(2) The Client shall provide El-Maghraby Language Service with information and documents necessary for the preparation of the translation or for an interpreting assignment without being asked and at the time of placing the order (Client glossaries, illustrations, drawings, tables, abbreviations, agendas, presentations, speeches, lectures, etc.).

(3) Errors resulting from non-compliance with these obligations shall be borne by the Client.

(4) Execution and elimination of defects

(1) The translation or interpretation shall be performed in accordance with the principles of proper professional practice. Technical terms shall be translated or interpreted into the generally accepted, lexically justifiable or generally understandable version unless documents or special instructions have been enclosed by the Client.

(2) El-Maghraby Language Service shall not be responsible for deficiencies in the translation or interpretation that are due to poorly legible, erroneous or incomplete text originals or to erroneous or incorrect terminology provided by the Client.

(3) If the Client complains about an objectively existing, not insignificant defect in the translation or in the context of the interpreting assignment, the client has the right to have the defects eliminated by El-Maghraby Language services. The claim for rectification of defects must be asserted by the Client to El-Maghraby Language Service unambiguously and immediately, stating the exact nature of the defect. The client must grant El-Maghraby Language Service a reasonable period of time for the rework.

(4) The claim for rework is excluded if the notice of defect has not been received within one week after delivery of the service.

(5) In the event of failure of the rectification of defects or a replacement delivery, the statutory warranty rights shall apply, unless otherwise agreed.

(6) Delivery deadlines and dates are agreed upon when the order is placed and they are binding as well; however, El-Maghraby Language Service is not in default as long as the service is not provided due to a circumstance for which El-Maghraby Language Service is not responsible. If the non-observance of a delivery date is due to force majeure, El-Maghraby Language Service is entitled to withdraw from the contract or ask the Client for an appropriate extension of time. Further rights, especially claims for damages, are excluded in these cases. In the event of changes to the subject matter of the order, delivery deadlines and fees are to be renegotiated.

5 Liability

(1) El-Maghraby Language Service shall be liable for gross negligence and intent to an appropriate amount. A liability in case of slight negligence only occurs in case of violation of essential contractual obligations.

(2) El-Maghraby Language Service is not liable for damage or loss of the materials handed over by the Client. The Client is responsible for ensuring the original data is properly and securely backed up.

(3) El-Maghraby Language Service 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 that occur due to errors in, for example, electronic transmission or document format conversion. The important indication of the purpose of the translation order does not exclude liability for possible unsuitability of the delivered translation or possible damage to the reputation of the company concerned. If El-Maghraby Language Service is prosecuted for copyright infringement based on a translation, the client shall release us from liability to the full extent.

6 Remuneration and basis of calculation

(1) The scope of the translation shall be determined on the basis of the standard number of lines of the translation, the hours to be interpreted, or as a lump sum. The offer submitted by El-Maghraby Language Service and accepted by the Client shall apply in each case.

(2) The remuneration is due immediately after invoicing or delivery of the translation or execution of the interpreting assignment.

(3) In addition to the agreed upon fee, El-Maghraby Language Service is entitled to reimbursement of the actual expenses incurred. Proofreading shall be charged based on time and effort. El-Maghraby Language Servicec can request an advance payment for extensive translations or interpreting services, which is objectively necessary for the execution of the translation. El-Maghraby Language Servicec can make the delivery of its work dependent on the prior payment of the full fee.

(4) If the amount of the fee has not been agreed upon, an appropriate and customary remuneration according to type and difficulty shall be owed. In this context, at least the rates listed in the German Judicial Remuneration and Compensation Act (Justizvergütungs- und Entschädigungsgesetz) shall be deemed reasonable and customary.

7 Retention of title and copyright

• Unless expressly otherwise agreed to in writing, El-Maghraby Language Service reserves the copyright to all translations or other texts produced by El-Maghraby Language Service. Upon payment of the full invoice amount in accordance with El-Maghraby Language Service’s payment terms, the copyright to a product shall be transferred to the client.
• Use of a product prior to receipt of payment in full shall be deemed as an acceptance of the product without reservation or qualification.

8. Premature termination of the contract

(1) The Client may withdraw from the contract at any time prior to the execution of the order by a written notice. If the Client withdraws from the contract in this manner, El-Maghraby Language Service may charge reasonable compensation for the expenses incurred. This compensation is determined according to the following percentages of the contractually agreed price for all ordered individual services:

– In the event of cancellation up to 14 days before the contractually agreed date of execution of the order: 70% of the contractually agreed price for all individual services ordered

– In the event of cancellation between 14 days and 7 days before the contractually agreed date of order execution: 90% of the contractually agreed price for all individual services ordered

– In the event of cancellation 7 days or less prior to the contractually agreed date of execution of the order: 100% of the contractually agreed price for all ordered individual services.

The client has the right to prove that El-Maghraby Language Service has incurred no or less damage on a case-by-case basis.

9. Non-solicitation

The Client undertakes, for the duration of the contractual relationship and for a period of one year thereafter, not to entice away any translators or interpreters working for El-Maghraby Language Service and/or employ them without the consent of El-Maghraby Language Service. For each case of culpable violation, the Client undertakes to pay El-Maghraby Language Service an appropriate contractual penalty, however, at least in the amount of 5,000 Euro.

10 Use of references

By commissioning El-Maghraby Language Service, the Client agrees that El-Maghraby Language Service may include its company name and/or logo on its pages as a reference/customer. Personal names, such as those of the Client’s employees, remain unaffected. In case the Client does not agree with this, the Client shall inform El-Maghraby Language Service in writing either when placing the order or at the latest immediately after the execution of the order.

11 Applicable Law

(1) German law shall apply to the order and all claims arising therefrom. The place of jurisdiction is Bad Homburg.

12. Effectiveness

In the event that one or more provisions of the General Terms and Conditions of Business shall initially or subsequently be held illegal, unenforceable or invalid to any extent or in any jurisdiction, the validity of the remaining provisions shall not be affected. In this case, a valid provision that comes closest to the economic and legal purpose shall be deemed to have been agreed.