terms and conditions of use
(As at: July 2015)
(1) At www.linguadent.com Dr. Christian Ehrensberger Dental Translations, Holbeinstr. 20, D-60596 Frankfurt am Main, Germany, tel.: +49 (0) 6172 267 8692 (hereinafter: Translation Service
Provider = TSP) provides specialist translation services
for the dental sector (hereinafter: LinguaDent).
(2) LinguaDent currently provides the service in 18
languages in accordance with Paragraph 1.
(3) Working methods, specialist characteristics, performance
variants and the current languages on offer from LinguaDent
are generally apparent from the descriptions which can
be viewed at www.linguadent.com.
(4) Companies, dentists and other professional persons in the dental sector (hereinafter: Clients) can commission the services of LinguaDent under the following conditions. Services provided by this supplier are specifically not aimed at consumers as described in § 13 BGB. Therefore, this supplier does not enter into contracts with consumers.
§ 1 Object of the agreement
The object of the agreement between the TSP and Client
is the creation of translations according to the order
acknowledgement of the TSP in compliance with §
2 Paragraph 3 of these conditions.
§ 2 Conclusion of the agreement, term
(1) After enquiry and presentation of the text to be
translated (hereinafter: source text) by the Client
via email, the parties shall come to an agreement regarding
service contents, payment, formats, scope of use, obligation
of the Client to cooperate and other conditions. In
particular the TSP shall also inform the Client hereby
of items of information, which must be provided by the
(2) The Client can also use the form provided on www.linguadent.com
as well as other forms of text (email, letter) for enquiries
according to Paragraph 1. The TSP compiles the agreement
according to Paragraph 1 in an offer to the Client,
which the TSP shall send to the Client by email. The
TSP also gives a non-binding estimate, which the TSP
shall orientate to the respective language, scope and
the degree of difficulty of the text submitted. Unless
expressed differently (inclusive prices, surcharges)
the estimate is based on the number of lines. The TSP
charges a minimum fee per text and language of EUR 30.00
(3) The agreement between the TSP and Client comes into
effect when the Client accepts the offer according to
Paragraph 2 by email to the TSP and the TSP acknowledges
acceptance of the offer by email.
§ 3 Translation Service Provider services, acceptance
(1) Translations from LinguaDent are produced by dental
specialists (i.e. dentists and dental technicians),
who understand the text content and translate it into
their respective native language. LinguaDent can therefore
rule out the use of inaccurate specialist terms, as
may occur with general translation services, use of
translation software or translations by non-native speakers.
(2) The TSP carries out the contracted services agreed
in accordance with § 2 within the agreed deadlines
and provides the Client with the resulting outcome in
the agreed form with the request to check the translation
within three working days. Any requests for changes,
which the Client submits within the deadline for changes,
will be taken into consideration by the TSP and amended
to ensure correct service provision; § 4 applies
(3) If the Client allows the deadline according to Paragraph
2 to elapse without reaction, the service applies as
being in accordance with the contract and is accepted.
(4) If the Client wants changes to the texts after acceptance
of the service, the TSP shall make the changes in isolated
cases subject to a charge after corresponding agreement.
§ 4 Client’s obligation to co-operate
(1) The Client supplies the necessary helpful material
for providing the service and understanding the source
text such as texts, photographs, logos etc. in the agreed
form and in due time to the TSP in accordance with the
agreement reached in compliance with § 2. In the
case of electronic transmission the Client guarantees
that the source text and other materials are virus-free
and, if possible, selects a form of file, which allows
an electronic count.
(2) The Client should inform the TSP whether the Client
attaches importance to taking specific linguistic usage
into consideration (e.g. the use of certain synonyms
due to specific university practices). The same applies
for abbreviations used; the Client should provide the
long text of abbreviations to the TSP.
(3) Enquiries by the TSP regarding the content of the
source texts should be answered by Client immediately
in writing: email suffices. The same applies to information
from the TSP regarding inaccuracies and inconsistencies
of the respective texts.
§ 5 Responsibility for contents, industrial property
(1) The Client is solely responsible for the contents
of the source texts.
(2) The TSP shall indicate errors, ambiguities and inaccuracies
of the submitted source texts to the Client on a non-binding,
voluntary basis; the rule of Paragraph 1 remains unaffected.
(3) Paragraphs 1 and 2 apply accordingly for third party
industrial property rights, e.g. respective trademark
(4) With the exception of contractual use, the copyrights
of the materials made available by the Client remain
with the Client.
§ 6 Third-party rights, exemption
(1) The Client shall hold the TSP harmless against
any claims, which a third-party makes against the TSP
based on rights violation of contents of the source
text of the Client, unless the Website Provider is responsible
for the contents that violated the rights.
(2) The TSP is responsible according to Paragraph 1,
if the contents of the translation deviate from the
source texts or additional instructions of the Client
or independently violates industrial protection rights
in deviation from the rules of § 5 Paragraph 3.
§ 7 Due date of payment, default of payment
(1) All invoices of the TSP should be paid within 21
days of the invoice date without deduction, unless otherwise
agreed. Cheques and bills of exchange are only accepted
as payment after deduction of any bank charges.
(2) If the Client changes the source text or cancels
the order after the TSP has started performing the services,
the TSP reserves the right to invoice the time taken
(3) If the Client is in default of payment for more
than two months, the TSP is entitled to refuse further
service provisions to the Client until clearance of
the default of payment.
(4) Other legal or contractual rights of the TSP remain
§ 8 Data protection, confidentiality
(1) The TSP shall store and process personal data of
the Client to the extent that is required within the
framework of the contractual relationship.
(2) Both contract partners undertake to treat confidentially
information about the other contract partner, insofar
as it does not involve information already known in
the public domain.
(3) The parties shall also enforce the obligations from
Paragraph 2 on their employees and any third parties
used for providing services.
§ 9 Scope
(1) These general terms and conditions of use contain
all the regulations between the TSP and Client with
regard to the object of the agreement. Previous agreements
and understandings between the parties regarding the
object of the agreement lose their validity when these
terms and conditions come into effect.
(2) General terms and conditions of the Client are not
and will not become the object of the relationship of
the parties to the object of the agreement. Their validity
is contradicted in advance.
§ 10 Transfer of rights
A contract party is not entitled to transfer individual
or full rights from business relationship between the
TSP and Client to a third party without prior written
agreement of the other party.
§ 11 Liability for violations of duty
(1) If the contractual performance of the TSP has errors
which more than insignificantly impair the fitness for
purpose of the performance for the Client, the Client
can, subject to an immediate comprehensive written complaint,
demand the contractual provision of the service from
the TSP after a reasonable period of grace.
(2) If the contractual provision of services in cases
of Paragraph 1 is unsuccessful despite two attempts
within the reasonable period of grace by the TSP, the
Client can withdraw from the affected contract or demand
an appropriate deduction.
(3) The TSP is not responsible for faults, which are
caused by violation of the Client’s obligation
to cooperate from § 4 or originate in the sphere
of responsibility of a third party (for example a communication
(4) The TSP is only liable for damages of the Client,
insofar as the damage was caused wilfully or through
gross negligence by the TSP, his/her employees, legal
representatives or other vicarious agents. In addition,
the TSP is only liable for foreseeable damages caused
by breach of essential contractual obligations by the
TSP. These are for example the obligations from §
3. Liability is excluded for loss of profits by the
Client, loss of savings by the Client, direct damages,
consequential damages, damages which originate in the
telecommunication infrastructure provided by a third
party, as well as damages caused by irregular conduct
by the Client according to § 4 of these terms.
(5) The aforementioned limitations of liability shall
not apply in cases of mandatory product liability or
in the event of injury to life, body or health.
(6) The TSP is not liable for damages due to force majeure.
These are, in particular, natural disasters, acts of
war, industrial disputes and similar events.
§ 12 Place of performance, applicable law, court
(1) Place of performance is Bad Homburg.
(2) The law of the Federal Republic of Germany shall
apply exclusively for contractual relationships of the
parties under these terms and conditions. Application
of the UN Convention on the International Sale of Goods
(3) Bad Homburg shall be agreed as the court of jurisdiction
for all legal disputes arising from a contract, assuming
the Client is a merchant, a legal person under public
law or a special asset under public law.
§ 13 Written form
(1) Changes, additions and cancellation of these terms
and conditions or a contract as well as the written-form
requirement must be made in writing.
(2) All notifications, declarations or cancellations,
which are mentioned in these terms and conditions or
are based on them, require the written form to become
valid. An email satisfies the written-form requirement.
§ 14 Severability clause
Should individual clauses of these terms and conditions
become ineffective or inoperable, the effectiveness
of the remaining provisions shall remain unaffected.
§ 15 Final clause
If the TSP departs from individual rules of the business
relationship in favour of the Client for reasons of
goodwill or other reasons, this is not a waiver of the
legal position from the rules nor can the Client derive
rights for identical or similar cases.
This text is a translation from the original German.
The translators do not accept any liability for damages
that may arise from using the English text. The original
German text is definitive.