General Terms and Conditions

Scope of application

(1) These Terms and Conditions shall apply to all contracts between Astrid Cruse, ACTranslations(hereinafter “ACT”) and its Clients, unless expressly agreed otherwise in writing or required under compulsion of law.

(2) Any Client terms and conditions shall not be binding on ACT unless expressly acknowledged by ACT.

Scope of services

Translations shall be prepared in compliance with the principles of due professional care. The Client shall receive the contractually agreed translation.

Prices and delivery

(1) Unless otherwise agreed, translations are charged on the basis of standard lines (1 line = 55 characters including spaces) of the translated target text.

(2) The price and delivery dates of translations for which changes become necessary as a result of additions or amendments to the source text (author’s changes) after the translation process commences will be determined depending on the scope of such changes and the percentage of the translation already completed. ACT will provide the Client with an estimate of the additional costs and changes in delivery times prior to implementing any additions or amendments.

(3) Proof-reading, editorial work, adoption of diagrams or pictures as well as text composition, the preparation of print templates or HTML-XML-Documents and similar actions shall be agreed separately and may be charged by the hour.

4. Obligation to co-operate and clarify

(1) Client shall inform ACT about the required form of the translation (purpose, number of copies, ready-for-print requirements, physical shape of the translation, etc.) If the translation is intended for printing, the Client will provide ACT with a copy of the proofread text before going to print to enable ACT to eliminate any mistakes. Responsibility to check names and numbers lies with the Client.

(2) Upon order placement, the Client shall provide ACT with any information and documents required for the translation process (Client’s specific terminology, pictures, drawings, tables, abbreviations, in-house use of terms, etc.).

(3) ACT shall not be liable for any mistakes and delays resulting from inadequate or delayed delivery of information and/or instructions.

(4) The Client shall assume liability for any copyrights or other rights attaching to a text and shall ensure that the translation does not infringe any third-party rights. He shall indemnify ACT from and against any such claims of third parties.

Clients’ rights in case of defects

(1) ACT reserves the right to remedy at its own expense any failure to perform its obligations. The Client shall only be entitled to the elimination of defects in the translation, if any, if such defects do not constitute minor defects.

(2) The Client must request remedial action, stating the exact deficiency/deficiencies, within 14 days after receipt of the translation and set a reasonable period of time for such remedial action, if necessary.

(3) In the case of delivery by letter the third day after the date of posting shall be deemed the time of receipt. In the case of delivery by electronic media (e-mail or making available by download) the time stamp of the e-mail with the relevant file attached or invitation to download shall be deemed the time of receipt.

(4) If the alleged defect is not remedied within a reasonable period of time, ACT shall be afforded a further opportunity to remedy such error(s), which the client must describe, in writing, as precisely as possible. Should ACT refuse to remedy the defect or if remedial action is deemed to have failed, the Client shall be entitled, after hearing ACT, to have the defect remedied by another translator at ACT’s cost or reduce the agreed fee, in each case limited to the original consideration for the translation, or rescind the contract. All attempts to remedy defects shall be deemed to have failed if the translation, after several attempts to remedy defects, still contains defects.

(5) All rights to the translation shall revert to ACT if the Client rescinds the contract.


(1) Any claims regarding liability, warranty or damages are limited to the agreed consideration for the translation.

(2) ACT shall be liable for gross negligence and intent. Any damages caused by force majeure (strike, power breakdown, transport disruption), computer breakdowns, disruptions in the transmission of e-mails or viruses shall not be considered gross negligence. ACT shall take appropriate precautions using anti virus software and other customary security measures. Liability for slight negligence is limited to the breach of primary obligations.

(3) ACT shall not be liable in whatsoever way if the Client was informed at the time of order placement that it is not possible to prepare a translation consistent with the usual quality standards within the period of time stipulated by the Client.

(4) Claims of the Client arising from deficiencies in the translation (sec. 634a of the German Civil Code), other than for bad faith, shall become time-barred six months after acceptance of the translation. (Note: This provision is only applicable to contracts with business people (Unternehmer) not to contracts with consumers)

(5) Liability for consequential loss is limited to the statutory limitation period, regardless of sec. 634a of the German Civil Code. Sec. 202 para 2 of the German Civil Code shall remain unaffected.

Professional secrecy and data protection

(1) ACT undertakes to refrain from disclosing any facts that comes to its knowledge in connection with the engagement for the Client, unless such information has entered into the public domain. ACT shall not use such information for other purposes than the translation.

(2) ACT shall not disclose information and documents obtained for translation to persons other than those that are involved in the translation and shall oblige all persons involved to preserve the confidential nature of said information.

(3) The obligations under such confidentiality agreements shall continue for an unlimited period of time after the translation has been delivered.

(4) Files are transmitted via unencrypted e-mail or, if so agreed, by other means.

(5) ACT shall maintian copies of the source texts and the respective translations and any pertaining project files on its hard drives and backup media for an indefinite period of time unless the Client explicitly objects when the contract is entered into.

Involvement of third parties

(1) ACT is entitled to appoint external translators or third party experts when the translation is processed.

(2) ACT shall procure that such third party experts will submit themselves to the confidentiality duty contained in clause 7 above.


(1) In addition to the agreed consideration, ACT shall be entitled to reimbursement of any expenses actually incurred and agreed with the Client. VAT, to the extent legally required, will be charged separately in any event. In case of large translation projects ACT may demand reasonable advance payments.

(2) If the amount of consideration was not agreed, a reasonable and customary amount in view of the type and difficulty of the translation shall be owed.

(3) ACT shall transmit invoices by conventional mail in a timely manner after delivering the translation.

(4) Invoices are due upon receipt without deduction. The Client shall make any and all payments to ACT’s bank account.

(5) In the event that a Client cancels his order without having the statutory or contractual right to do so, any work already finalised shall be provided and charged to the Client. ACT may also claim further damages, if applicable.

Retention of title and copyright

(1) ACT will retain title to any translations until it has been paid in full. The Client shall not have any right of use until then.

(2) ACT will retain any rights to use under copyright law until payment.

(3) After payment in full, ACT shall transfer any and all rights to use to the Client for an unlimited time period and without any territorial restrictions and without quantitative limitations in accordance with the communicated and/or customary purpose at the time of the translation. The Client shall also have the right to change the translation. ACT does not assume any liability for such changes.

(4) The Client warrants and acknowledges that translating the source material as well as publishing, marketing, selling and any other use of the translation to be made available will not infringe any patents, copyrights, trademarks or other rights of third parties and that he is entitled to have the text translated. The Client shall hold ACT harmless against any and all claims pertaining to the alleged infringement of such rights.

Right of rescission

To the extent the translation order is based on a translation offer of ACT published on the Internt, the Client waives any rights of rescission he might have in the event that ACT has commenced the translation and informed the Client hereof.

Governing law and legal venue

(1) German law shall apply to the contractual relationship and all pertaining claims, without recourse to the United Nations convention on the sale of goods.

(2) This contractual relationship and any communication with the Client shall be conducted in German.

(3) Where disputes arise from contracts with persons that are not consumers (Verbraucher), the courts in Munich shall be the exclusive legal venue.

Severability clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of these General Terms and Conditions. The invalid or unenforceable provision shall be deemed to be substituted by a suitable and equitable provision which, to the extent legally permissible, comes as close as possible to the economic intent and purpose of the invalid or unenforceable provision.

Amendments and modifications

Any provision of these General Terms and Conditions may be amended or modified only if such amendment or modification is by written instrument. The foregoing shall also apply with respect to this requirement of written form.