Section 1 Scope
These General Terms and Conditions apply to all contracts between Annemarie Andersen, freelance language services provider (hereinafter the „contractor“), and the respective client (hereinafter the „client“) for language services, in particular Easy Language, editing, proofreading, translations, reducing bureaucracy and AI quality assurance.
Conflicting or differing terms of the client are not recognised unless the contractor expressly agrees to their application in writing.
Section 2 Conclusion of Contract
A contract is concluded when the client requests a quote and accepts it in writing by email, sends the source text or confirms the start of the project. The processing time stated in the quote begins from the actual start of the project.
Section 3 Scope of Services
The scope of services is determined by the respective order confirmation or quote. The contractor provides language services exclusively. The scope of services does not include, in particular:
- the review of the source texts in terms of content or subject matter,
- the provision of review groups for Easy Language,
- the provision of images, graphics or illustrations,
- technical implementation (web development, layout, technical accessibility),
- the legal review of texts.
Section 4 Obligations of the Client
The client ensures that:
- the source texts provided are correct and complete in terms of content,
- all information required for processing is provided in good time,
- for Easy Language orders, the review by the target group is organised under the client's own responsibility,
- for translations, the accuracy of subject-specific terminology in the source text is ensured,
- the client holds the necessary copyrights to the source text or has permission to adapt it.
Delays caused by missing or faulty deliverables are at the client's expense.
Section 5 Responsibility for Content
Responsibility for the factual accuracy, technical correctness and legal admissibility of the texts lies exclusively with the client. The contractor processes the texts linguistically, not in terms of content. Liability for errors of content in the source texts or for the suitability of the texts for a particular purpose is excluded.
When preparing or processing legal documents, the contractor accepts no liability for their legal validity, completeness or legal certainty. The client is responsible for having such documents reviewed by a solicitor.
Section 6 Rounds of Corrections
One round of corrections is included in the fee, unless stated otherwise in the quote. It covers all requested changes that the client submits together in a single pass.
Requested changes must be communicated in writing within 14 calendar days of delivery. After this deadline has passed, the text is deemed to have been accepted.
A round of corrections covers adjustments to the delivered text – rewordings, cuts or additions within the scope of the original task. The following do not count as corrections: revisions of content, extensions of the scope of the order, or changes resulting from requirements amended after the fact. These are charged as additional services.
Each further round of corrections beyond the number included in the quote is charged at the agreed hourly rate. The additional effort is communicated in advance.
Section 7 Fee and Payment Terms
The fee is determined by the respective quote. The minimum order value is EUR 70. If the order value is below this amount, it is rounded up to EUR 70. For several orders in the same month, the actual costs are charged, provided that these exceed the minimum order value.
Invoices are payable within 14 days of receipt without deduction. For orders above EUR 500 net, an advance payment of 50% may be agreed.
In the event of late payment, reminder fees of EUR 5 (private clients) or EUR 10 (business clients) are charged per reminder. Default interest is 5 percentage points (private clients) or 9 percentage points (business clients) above the respective base rate of the European Central Bank.
As a small business under Section 19 UStG, the contractor is exempt from value added tax. No value added tax is shown on the invoices.
Section 8 Cancellation
If the client cancels after confirming the quote but before the project has started, a flat handling fee of EUR 70 is charged.
In the event of cancellation during performance, the service rendered up to that point is billed according to the actual effort.
In the event of cancellation after completion, the entire service is invoiced, as the agreed service has been rendered in full.
Section 9 Rush Orders
For processing within 48 hours, at weekends, during holidays or outside regular working hours, a rush surcharge of 25% is added to the agreed price. The client is informed of the surcharge in advance and must agree to it.
Section 10 Liability
The contractor is liable only for intent and gross negligence. In the event of slight negligence, the contractor is liable only for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical of the contract.
In any event, liability is limited to the amount of the respective order fee.
The contractor is not liable for:
- errors of content already present in the source text,
- consequential damage arising from the use of the processed texts,
- damage caused by failure to observe the contractor's advice,
- loss of profit or indirect damage of any kind,
- compliance with the client's industry-specific regulations or compliance requirements,
- the legal validity, completeness or legal certainty of processed documents.
Force majeure, including technical failures and natural disasters, releases the contractor from the obligation to provide the service on time.
Section 11 Complaints and Subsequent Performance
Complaints must be communicated in writing within 14 days of delivery. The contractor has the right to subsequent performance. Claims beyond subsequent performance are excluded, to the extent permitted by law.
Section 12 Right of Withdrawal
As this concerns digital content without a physical data carrier, there is no right of withdrawal pursuant to Section 356(5) BGB if the client has expressly agreed that performance of the service is to begin before the end of the withdrawal period.
Section 13 Copyright and Rights of Use
By sending the source text, the client confirms that it holds the necessary copyrights or has permission to adapt it.
The rights of use to the texts produced pass to the client only upon full payment. Until then, all rights remain with the contractor.
Section 14 Confidentiality
The contractor treats all information received in the course of the order as confidential. It is not passed on to third parties without the client's express consent.
Section 15 Naming as a Reference
The contractor may name the client and the project as a reference, unless the client expressly objects.
Section 16 Final Provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction is the contractor's registered office.
Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions remains unaffected. Invalid provisions are replaced by a valid arrangement that comes closest to their economic purpose.
Amendments and additions to these General Terms and Conditions must be made in writing and take effect with the next commission.