General Terms and Conditions
Agreement regarding interpreting order
– according to the recommendations of the German Federal Association of Interpreters and Translators (BDÜ) –
0. Contractual parties
Contractor, in the agreement also called interpreter:
1. Interpreter
2. Interpreter
Employer:
[TO BE FILLED IN BY THE EMPLOYER]
1. Field of application
(1) These conditions apply to agreements between the interpreter (contractor) and the employer, insofar as no other agreement has either been explicitly made or is mandatory by law.
(2) Agreements are always closed either directly between the interpreter and the host of the conference ant between the interpreter and the employer as a person, who is the host of the event, respectively, or the person contractually or financially responsible, respectively, for recruiting the interpreter.
(3) General terms and conditions of the employer are valid for the interpreter only if these are explicitly acknowledged.
2. Scope of the interpreting assignment
(1) The activity of the interpreter includes interpreting in oral form, it does not extend to events not explicitly mentioned in the agreement. The product of the interpreting service is designated for immediate hearing. Recording is only valid after previous approval of the interpreter. Any further use (e.g. direct transmission) is subject to a separate contractual agreement. The interpreting assignment is carried out according to proper professional practice; it is subject to professional secrecy. He works in accordance with his best knowledge and belief and rejects any influence by third parties. Persons not associated with the interpreting team are not allowed to be used as supplement for the team as an interpreter without previous approval of the interpreter’s contact person and are not allowed to use interpreting channels of the installation for simultaneous interpretation in any other function.
(2) As a rule, the daily output of each interpreter amounts to 3 to 3 1/2 hours in the morning and in the afternoon with a one-hour break. If the working hours are likely to be exceeded, the employer grants an increase of the interpreting team already in advance of the conference according to the scope of work in order to ensure the consistently high quality of the interpreting performance. Simultaneous interpreting assignments, which exceed the duration of 30 minutes, have to be carried out by a team of at least two interpreters. Internal distribution of work is managed by the interpreters themselves.
(3) [DETERMINATION OF THE SCOPE OF THE INTERPRETING ASSIGNMENT BY THE EMPLOYER, HOW MANY PERSONS ARE TALKING, PLAN OF ACTION, DURATION, ETC.]
3. Copyright
The product of the interpreting service is designated for immediate hearing; recordings by listeners or any other person or the transmission is not permitted without prior approval of the interpreter. Copyrights are reserved for the interpreter; it is explicitly adverted to the regulations of the Copyright Law, the Revised Berne Convention and the Universal Copyright Convention. Specific reference is made to Section 201 of the StBG [German Criminal Code] (Violation of the Confidentiality of the Spoken Word).
4. The interpreter’s liability to the employer
The interpreter is only liable in case of gross negligence or wilful misconduct. Liability is limited to the amount of the agreed fee. Liability for consequential damage is excluded.
5. The employer’s obligation to information and cooperation
(1) The employer provides the interpreter as early as possible but at least 10 days before the conference a complete copy of documents (programme, agenda, last session’s protocol, reports, glossaries, figures, drawings, tables, abbreviations, etc.) in all working languages of the conference for technical and terminological preparation. If there is a text to be read during the conference, the employer takes care that the interpreter receives a copy in advance. The speaker is informed by the employer that the read rate for a text to be interpreted is not to exceed 100 words per minute (meaning 3 minutes for one DIN A4 page with about 1600 characters). If films are shown during the session, the film’s audio is only interpreted, when the script is handed over to the interpreter in advance, the comment is spoken at normal rate and the film’s audio is broadcasted directly to the interpreter’s headphones.
(2) Requirements for locally fixed and mobile cabins and installations for simultaneous interpretation are determined in DIN 56 924 part 1 and 2 (ISO standards 2603 and 4043, respectively) as well as IEC 914. If these standards are not fulfilled and the interpreter responsible for contact with the host is of the opinion that the quality of the cabin and the technical installation as well as their handling does not guarantee a satisfying performance or in case it involves health risks for the team, it is not obliged to perform simultaneous interpretation unless the deficiencies are corrected. The use of a TV monitor for either improving direct sight of the speaker and the conference hall or the monitor being a substitute for direct sight in exceptional cases is only valid after previous approval of the interpreter. In case of telephone conferences (video conferences and so on, which require the use of a video monitor or monitor), the requirements of DIN 56 924 part 1 (ISO standard 2603, respectively) must be observed, especially Article 7.1 regarding the audio quality. If it is an ISDN transfer, the entire frequency range of 125 to 12 500Hz need to be available.
6. Remuneration
(1) Fees, daily allowance, costs for travel and overnight stay(s) are determined by mutual agreement. Remuneration is paid without deduction of taxes, unless the law states otherwise.
(2) Travel conditions are determined in such a way that there is no damage either in health of the interpreter or the quality of his performance to be delivered after the travel.
(3) The interpreter may demand an advance or even the prior payment of his full fee.
(4) DETERMINATION OF FEES, DAILY ALLOWANCE, COSTS FOR TRAVEL AND OVERNIGHT STAY(S) For his performance on the XX XX XXXX in (Berlin), the interpreter receives EUR XXXX (Costs for travel are omitted due to close proximity).
7. Substitute
In case an interpreter asks to be released of the agreement (see 1. Field of application) due to reasonable grounds, he/she ensures that a qualified colleague takes over at the same conditions. This has to be approved of by the employer and in cases where a consultant interpreter arranged the team, also by this interpreter.
8. Force Majeure
In case of force majeure, the parties are relieved from their obligations, insofar these obligations are subject to force majeure. This does not apply to costs already incurred. Otherwise the employer is obliged to reimburse for costs already incurred at the interpreter’s side and has to pay for already performed services.
9. Cancellation
With termination of this agreement by the employer or with the employer’s waiver regarding the interpreter’s services for the date in question or the determined conditions of this agreement, the interpreter is entitled to the agreed fee as well as the reimbursement of proven costs already incurred. Insofar as the interpreter gains another assignment for the date of the cancelled agreement, he may deduct the paid remuneration from the fee of terminated assignment.
10. Applicable law and severability clause
German law applies to the assignment (see 1. Field of application) and all consequential claims, even if none of the contractual parties resides in the Federal Republic of Germany. If the employer has no place of residence in Germany, the reciprocal claims are to be submitted to the court of the interpreter’s residence. Provided that one of the previous regulations proves to be void, the validity of other regulations is not affected.
Employer
Location, date and signature
Contractor
Location, date and signature
General Terms and Conditions for translators
– according to the recommendations of the German Federal Association of Interpreters and Translators (BDÜ) –
1. Field of application
(1) These conditions apply to agreements between the translator and his employer, insofar as no other agreement has either been explicitly made or is mandatory by law.
(2) General terms and conditions of the employer are valid for the translator only if these are explicitly acknowledged in written form.
2. Scope of the translation assignment
The translation is carried out in accordance with proper professional practice. The employer receives the contractually agreed copy of the translation.
3. The employer’s obligation to information and cooperation
(1) The employer has to inform the translator in time regarding desired version of the translation (purpose, medium of delivery, number of copies, ready for printing, outer form of translation, etc.). If the translation is meant to be printed, the employer grants the translator a timely proof sheet before printing, so he/she is able to correct possible mistakes. Names and numbers are to be checked by the employer.
(2) Information and documents necessary for the translation are provided for the translator by the employer at issuance of the order (employer’s terminology, figures, drawings, tables, abbreviations, in-house terms, etc.).
(3) Errors and delays originating from lacking or delayed delivery of these information and documents are not at the translator’s expense.
(4) The employer is liable for a text’s exploitation rights and ensures that it is allowed to issue a translation. He/She relieves the translator from copyrights or personal rights of third parties.
4. Employer’s rights in case of deficiencies
(1) The translator reserves the right to supplementary performance. Initially, the employer is only able to claim the correction of deficiencies contained in the translation.
(2) The right to supplementary performance must be claimed immediately by the employer with detailed declaration of the deficiency.
(3) If the translator does not correct the claimed deficiencies within an appropriate period of time or if he/she refuses to correct the deficiencies or if the correction of deficiencies is deemed to have failed, the employer is entitled to have the deficiencies corrected by another translator at the first translator’s costs or either demand the reduction of remuneration or termination of the agreement after consultation of the initial translator.
5. Liability
(1) The translator is only liable for own gross negligence or wilful misconduct. Damages caused by computer failures and transmission interferences regarding e-mails or damages caused by viruses are not to be rated as gross negligence. The translator makes provisions against those by using anti-virus software. Liability for own slight negligence is only valid in case of violation of important contractual obligations.
(2) The employer’s claim against the translator regarding reimbursement of a caused damage according to no. 5 (1) sentence 4 is limited to EUR 5 000; in individual cases, an explicit agreement regarding a higher limit is possible.
(3) The exclusion or limitation according to no. 5 (1) and (2) does not apply to damages of a consumer from damaging the life, body or health.
(4) The employer’s claim against the translator regarding deficiencies within the translation (Section 634a of BGB [German Civil Code]) expires by limitation, except in the event of fraudulent intent, within one year after accepting the translation. (Pointer: This regulation is only applicable to contracts with companies, not to ones with consumers)
6. Professional Secrecy
The translator obliges to maintain confidentiality regarding all facts in connection with the activity for the employer.
7. Involvement of third parties
(1) The translator is entitled to call in employees or professional third parties for completion of the order.
(2) Regarding the calling in of professional third parties, the translator has to ensure he/she/they obliges/oblige to professional secrecy according to no. 6.
8. Remuneration
(1) The translator’s invoices are due and payable without deduction within 14 days after invoice date.
(2) Aside from the fee, the translator has the right to reimbursement of actually incurred and with the employer agreed on costs. In any case, the VAT is, insofar as legally necessary, charged extra. The translator is entitled to demand an appropriate advance of his fee.
(3) If there is no agreement regarding the amount of the fee, remuneration appropriate and common for manner and difficulty will be due. That does not fall below the valid statutes of the JVEG [German Judicial Remuneration and Compensation Act].
9. Reservation of ownership and copyright
(1) Until complete payment, the translator remains the owner of the translation.
(2) The translator reserves the possibly emerged copyright.
10. Right of withdrawal
Insofar the assignment of the translation order is based on the translator having offered the translation via the internet, the employer waives his possibly existing right of withdrawal given that the translator has already begun the work and has informed the employer hereof.
11. Applicable law
(1) German law applies to the assignment and all consequential claims.
(2) German is contractual language.
12. Severability clause
The effectiveness of these terms and conditions is not affected by invalidity or ineffectiveness of single regulations. The ineffective regulation is to be substituted with a valid one, which corresponds to the economic result and the intended purpose, respectively, as close as possible.
13. Changes and amendments
Changes of and amendment to these terms and conditions are only valid, if they have been agreed on in written form. This also applies to changes of the written form itself.
Location, date
_________________ _________________
Translator Employer