General Terms and Conditions for the Order/Contract
§1 General Terms and Scope
1. The following General Terms and Conditions apply to all contracts between Sophie Rostalski, hereinafter referred to as the "Interpreter," and her clients, provided they are entrepreneurs or legal entities under public law.
2. Deviating or supplementary general terms and conditions of the client shall only become part of the contract if the Interpreter has acknowledged them in writing or by email.
3. The contract language is German. German law shall exclusively apply.
§2 Services of the Interpreter and Confidentiality Obligation
1. The Interpreter provides services in accordance with Clauses 1 to 12 of the order/agreement.
2. Services not expressly regulated in Clauses 1 to 12 are generally subject to separate compensation.
3. The Interpreter is obligated to treat strictly confidential all information becoming known to them in the execution of this contract and, in particular, not to derive any unlawful benefit therefrom.
4. The obligation of confidentiality does not extend to information and documents that are generally known and/or have been publicly disclosed by third parties.
§3 Client's Obligation to Cooperate
1. The client is aware that the Interpreter must prepare for the event with the relevant documents provided by the client (e.g., work program, agenda, reports, presentations, applications, etc.) to ensure error-free performance.
Therefore, the client is obliged to provide the Interpreter with a complete set of all relevant documents in the languages into and from which the Interpreter is to interpret according to Clause 9 of the order/agreement as soon as possible, but no later than 8 working days before the start of the event, in a common file format.
2. The Interpreter shall receive copies of all documents and manuscripts to be read during the event no later than 8 working days before the start of the event, which - unless expressly agreed otherwise - may also remain or be destroyed after the end of the event.
3. Film recordings must also be made available to the Interpreter 8 working days before the start of the event in a common file format.
§ 4 Working Conditions and Right to Refuse Performance by the Interpreter
The client is aware that flawless performance by the Interpreter can only be guaranteed within the following working conditions:
1. Unless the parties have expressly agreed otherwise, the Interpreter requires an interpreting booth. Fixed simultaneous interpreting booths and systems must comply with the requirements of DIN EN ISO 2603 for fixed booths or DIN EN ISO 4043 for mobile booths. Furthermore, ISO 20108 (Simultaneous interpreting - Quality and transmission of audio and video input - Requirements) and ISO 20109 (Simultaneous interpreting - Equipment - Requirements) apply. The Interpreter must have direct visibility from the booth to the respective speaker, the meeting room, and any projection screens used. The use of television monitors does not replace direct visibility. The client is also obliged to ensure that the Interpreter can hear the texts to be interpreted with the best possible quality.
2. Video conferences: The client is obliged to involve the Interpreter/consulting Interpreter in the planning of a video conference from the outset and to clarify with them the conditions for the feasibility of such a conference. The working conditions must comply with ISO standards 2603 and 4043 as well as CEI 914. The sound quality must be in the range of 125-150 Hertz. High-resolution monitors are essential.
3. For simultaneous interpreting assignments, at least 2 interpreters are required.
4. Maximum working time per interpreter: Depending on the subject area, 5-7 hours daily, unless the parties have agreed otherwise.
5. For a full-day assignment lasting 5 to 7 hours, the Interpreter is entitled to morning breaks of 30 minutes, lunch breaks of at least 60 minutes, and additional afternoon breaks of 30 minutes, unless the parties have agreed otherwise.
6. The Interpreter is entitled to refuse the agreed performance if they do not find the above-mentioned working conditions. Their claim to fees remains unaffected.
§5 Warranty and Liability
1. The Interpreter is obliged to work to the best of their knowledge and belief.
2. If the Interpreter provides their services despite not finding the working conditions specified in Clause 4 at the beginning of performance, the client cannot claim any rights arising from poor performance attributable to inadequate working conditions in this case. In particular, a reduction of the fee in this case is excluded.
3. The liability of the Interpreter is governed by statutory provisions in cases of intent or gross negligence. Liability for guarantees is irrespective of fault.
4. For slight negligence, the Interpreter shall only be liable in accordance with the provisions of the Product Liability Act, for injury to life, limb, or health, or for the breach of essential contractual obligations. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely.
However, claims for damages for slight negligence in the breach of essential contractual obligations are limited to the foreseeable, typical damages for the contract, unless liability is incurred for injury to life, limb, or health. Foreseeable, typical damages are those that fall within the purpose of protection of the respective violated contractual or statutory norm. The Interpreter shall be liable to the same extent for the fault of vicarious agents and representatives. The provisions of the preceding paragraph also apply to claims for damages in addition to performance, compensation instead of performance, and reimbursement of expenses, regardless of the legal grounds, including liability for defects, delay, or impossibility.
5. The above provisions do not entail a reversal of the burden of proof to the detriment of the client.
§ 6 Contractual Amendments
If the Interpreter is prevented from fulfilling the contract for an important reason, they are willing, to the best of their abilities and as far as reasonably possible, to ensure that a professional colleague takes over the obligations under this contract in their place. This must be coordinated with the client.
§7 Usage and Copyright
1. The product of interpreting services is - unless expressly agreed otherwise in the contract - exclusively intended for immediate listening.
2. Recording of the interpreting service is only permitted with prior written agreement. This agreement must also regulate which usage rights are transferred to the client for the use of the recording. If the parties fail to make a sufficiently clear regulation regarding the usage and copyright of the recording, exploitation of the recording for any purpose is only permitted with the written consent of the Interpreter.
3. Any further use (e.g., direct transmission; transmission via the internet, web streaming, etc.) requires a separate contractual agreement. Clause 7 (2) of these terms and conditions also applies in this respect.
§8 Remuneration and Payment Conditions
1. Unless the parties have expressly agreed otherwise, the Interpreter shall invoice the agreed services to the client immediately after the event. The invoice is due for payment without deduction within 14 days of receipt of the invoice.
2. For orders exceeding €6,000.00, 30% of the agreed fee is due upon placement of the order. Clause 8 (1) of these terms and conditions applies to the remaining balance.
§9 Data Protection Provisions
1. These data protection provisions apply to data processing by the interpreter. Responsible: Mrs. Sophie Rostalski, Rheinstraße 55, 42117 Wuppertal, Germany, Email: info@rostalski-interpreting.com, Tel, +49 (0) 1661776027
2. The client of the interpreter can expect a smooth handling of the order. It cannot be avoided that certain data of the client are stored using technical means. Upon acceptance of the order, the interpreter collects a series of personal data as so-called basic data, which are required to smoothly execute the assigned order. Only data that are absolutely necessary for contract fulfillment are stored. The interpreter collects and uses personal data of the client exclusively within the framework of the provisions of the applicable data protection law of the Federal Republic of Germany. The interpreter collects, processes, and uses the following information: Salutation, first name, last name, a valid email address, address, telephone number (landline and/or mobile), as well as other information that is necessary for the handling of any existing performance or warranty claims and the assertion of any claims against the client.
The data collection is carried out in order to identify the client as a customer, to provide the commissioned service appropriately and promptly, for invoicing, and for the handling and assertion of mutual claims. Data processing is carried out at the request of the client and is necessary for the purposes mentioned in terms of Art. 6 para. 1 sentence 1 lit. b GDPR.
3. The personal data of the client collected by the interpreter for order processing are stored until the end of the statutory retention period and then routinely deleted, provided that they are no longer required for contract fulfillment or contract initiation and/or there is no legitimate interest on the part of the interpreter in further storage. If the exercise of intervention rights requires deletion, the affected data will be deleted immediately.
4. If necessary for the processing of the order pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR, personal data of the client will be passed on to third parties. This includes in particular the transfer to a subcontractor of the interpreter or to the transport company commissioned to deliver the translation. The data passed on may only be used by the third party for the purposes mentioned. Otherwise, passing on to third parties only takes place with the consent of the client.
5. The client has the right to: revoke his once given consent to the interpreter at any time pursuant to Art. 7 para. 3 GDPR. This has the consequence that the interpreter may no longer continue the data processing based on this consent for the future;
request information about the personal data processed by the interpreter pursuant to Art. 15 GDPR. In particular, the client can request information about the processing purposes, the category of personal data processed, the recipients or categories of recipients to whom the data have been or will be disclosed, if possible, the planned storage duration or, if this is not possible, the criteria for determining the duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint with a supervisory authority, the available information on the origin of his data, if these were not collected by the interpreter, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on its details; request immediate rectification or completion of inaccurate or incomplete personal data stored by the interpreter pursuant to Art. 16 GDPR;
request the immediate deletion of personal data stored by the interpreter pursuant to Art. 17 GDPR, unless the processing is necessary for exercising the right to freedom of expression and information, for fulfilling a legal obligation, for reasons of public interest, or for asserting, exercising, or defending legal claims; request the restriction of processing of his personal data pursuant to Art. 18 GDPR if the accuracy of the data is disputed by him, if the processing is unlawful, but he opposes their erasure, if the interpreter no longer needs the data, but the client requires them for asserting, exercising, or defending legal claims, or if the client has objected to the processing pursuant to Art. 21 GDPR;
receive the personal data he has provided to the interpreter in a structured, commonly used, and machine-readable format or to request the transmission to another controller pursuant to Art. 20 GDPR;
lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. As a rule, the client can contact the supervisory authority of his usual place of residence, workplace, or the business premises of the interpreter for this purpose.
6. If the personal data of the client are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 lit. f GDPR, he has the right to object pursuant to Art. 21 GDPR if there are reasons for this arising from his particular situation.
7. If the client wishes to exercise his right of objection, it is sufficient to send an email to: info@rostalski-interpreting.com
8. The interpreter has established technical and organizational security measures to protect data, in particular against loss, manipulation, or unauthorized access. The interpreter regularly adapts the security measures to the ongoing technical developments.