Terms and Conditions (T&Cs)

Section 1 General information and scope of application

1. The following Terms and Conditions apply to all contracts between Andrea Felber, hereinafter referred to as the ‘Interpreter’, and her clients, insofar as they are corporate entities or legal entities under public law.
2. Any deviating or supplementary terms and conditions of the client will only become part of the contract if the Interpreter has accepted them in writing or by email.
3. The contract language is German. Governing law is that of Germany.

Section 2 Services provided by the Interpreter and duty of confidentiality

1. The Interpreter shall provide the services in accordance with the order/contract.
2. Services that are not expressly regulated in the order/contract will be remunerated separately.
3. The Interpreter has a duty to treat all information that becomes known to her during the performance of this contract as strictly confidential and, in particular, not to make any unlawful use of it.
4. The duty of confidentiality does not extend to information and documents that are generally known and/or have been made public by third parties.

Section 3 Client’s duty to cooperate

1. The client is aware that the Interpreter must prepare for the event with the help of the relevant documents to be provided by the client (e.g. work programme, agenda, reports, presentations, motions, etc.) in order to be able to guarantee a flawless performance.
 
The client therefore has the obligation to provide the Interpreter with a complete set of all relevant documents in the languages into and from which the Interpreter is to interpret in accordance with the order/contract. These documents must be provided in a common file format and as soon as possible, but no later than eight working days before the start of the event.
2. The Interpreter must receive a copy of all documents and manuscripts that will be presented during the event at least eight working days before the start of the event. Unless expressly agreed otherwise, the Interpreter may keep or destroy these copies after the event.
3. The Interpreter must also be provided with any film recordings in a common file format eight working days before the start of the event.

Section 4 Working conditions and the Interpreter's right to refuse service

The client is aware that a flawless performance by the Interpreter can only be guaranteed under the following working conditions:

1. Unless the parties have expressly agreed otherwise, the Interpreter will require an interpreter booth. Interpreter booths and systems must comply with the requirements of DIN EN ISO 2603 for permanent booths and DIN EN ISO 4043 for mobile booths. ISO 20108 (Simultaneous interpreting – Quality and transmission of sound and image input – Requirements) and ISO 20109 (Simultaneous interpreting – Equipment – Requirements) shall also apply. From the booth, the Interpreter must have a direct view of the speaker(s), the meeting room and any projection screens that may be used. The use of television monitors is not a substitute for direct vision. The client also has the obligation to ensure that the Interpreter can hear the texts to be interpreted in the best possible quality. In addition to the necessary technical equipment, the booth must contain a chair, a table and bottled drinking water.
2. Video conferences: The client has the duty to involve the Interpreter in the planning of a video conference from the outset and to clarify with her the conditions under which such a conference can be held. Working conditions must comply with ISO standards 2603 and 4043 as well as CEI 914. The sound quality must be in the 125–150 hertz range. High-resolution monitors are essential.
3. At least two interpreters are required for simultaneous interpreting assignments.
4. In consecutive interpreting assignments and assignments involving the use of a tour guide system, working conditions must be such that the Interpreter can see and hear the speakers clearly (e.g. that there are no echoes or any background noise from machines and that the Interpreter is not positioned too far away from the speaker, etc.). Further conditions for working with a tour guide system must be negotiated separately. Tour guide systems will only be used when the requirements of the assignment render conventional simultaneous interpreting in a booth impossible and only for an appropriately limited number of participants.
5. Maximum working hours per interpreter: depending on the subject matter, 5–7 hours per day, unless the parties have agreed otherwise.
6. Unless otherwise agreed between the parties, the Interpreter is entitled to breaks of 30 minutes in the morning, at least 60 minutes at lunchtime and a further 30 minutes in the afternoon for a day assignment lasting 5 to 7 hours.
7. The Interpreter is entitled to refuse to provide the agreed service if the working conditions as set out above are not met. This will not affect her entitlement to fees.
8. The Interpreter and the client undertake to comply with the guidelines of DIN 2347 for the duration of their collaboration and to fulfil their roles accordingly.

Section 5 Guarantee and liability

1. The Interpreter has a duty to work to the best of her knowledge and belief.
   
2. In the event that the Interpreter provides her services despite not encountering the working conditions stipulated in Section 4 at the commencement of the service, the client may not assert any rights arising from poor performance attributable to inadequate working conditions.  In particular, a reduction in the fee is not permitted in this case.
3. In cases of intent or gross negligence, the Interpreter's liability will be governed by the statutory provisions. Liability for guarantees is independent of fault.
4. In cases of ordinary negligence, the Interpreter will be liable exclusively in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for breach of material contractual obligations. A material contractual obligation is an obligation that must be fulfilled in order for the contract to be properly executed and upon the fulfilment of which the contractual partner may regularly rely. However, claims for damages for the breach of material contractual obligations through ordinary negligence will be limited to the foreseeable damage typical for this type of contract, unless liability exists due to injury to life, limb or health. Contract-typical, foreseeable damages are those that are subject to the protective purpose of the contractual or statutory provision that has been violated. The Interpreter will be liable to the same extent for the negligence of vicarious agents and representatives.
5. The provisions of the preceding paragraph extend to damages in addition to performance, damages in lieu of performance and claims for reimbursement of futile expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
6. The above provisions do not imply a change in the burden of proof to the detriment of the client.
7. Where the Interpreter has provided technical equipment for the client's event, the client will be liable for any loss of receiver or transmitter devices as well as for any loss of microphones.

Section 6 Amendments to the contract

1. If the Interpreter is prevented from fulfilling the contract for a valid reason, she is willing to endeavour to the best of her ability and to the extent that this can reasonably be expected of her to ensure that a professional colleague assumes the obligations under this contract in her place. This must take place in consultation with the client.
2. If the client terminates the contract, a cancellation fee will be payable to the Interpreter. If the client cancels 9 days (or less) before the scheduled assignment, 100% of the fee agreed in the quotation must be paid to the Interpreter without deduction.

Section 7 Rights of use and copyrights

1. Unless expressly agreed otherwise in the contract, the product of the interpreting service is intended exclusively for immediate listening.
2. The interpreting service may only be recorded if this has been agreed in writing in advance. Any such agreement must also specify in particular which rights of use are transferred to the client regarding the use of the recording. If the parties fail to agree on sufficiently clear provisions regarding the rights of use and copyrights to the recording, the recording may only be used for any purpose whatsoever 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. Section 7(2) of these Terms and Conditions also applies in this respect.

Section 8 Remuneration and payment terms

1. Unless the parties have expressly agreed otherwise, the Interpreter will invoice the client for the agreed service immediately after the event. The invoice is payable without deduction within 14 days of receipt.
2. For contracts exceeding €6,000.00, 30% of the agreed fee is payable upon awarding the contract. The remaining balance is governed by Section 8(1) of these Terms and Conditions.

Section 9 Privacy

1. This privacy information applies to data processing by the Interpreter. Controller: Ms Andrea Felber, Kopstadtplatz 24 Nr. 2A, 45127 Essen, Germany, email:
 mail@af-dolmetscherin.com Tel.:+49 151 65 144 936
2. The Interpreter’s client is entitled to expect the assignment to be carried out smoothly. In doing so, it is unavoidable that certain data belonging to the client will be stored using technical aids. When accepting an assignment, the Interpreter collects a range of personal data, known as basic data, which is required for smooth performance of the assignment. Only data that is absolutely necessary for fulfilling the contract is stored. The Interpreter collects and uses the client's personal data 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: 

Title/form of address, first name, surname, a valid email address, postal address, telephone number (landline and/or mobile), as well as any further information required for processing any performance or guarantee claims that may arise or for asserting any claims against the client. 

The data is collected in order to identify the client as a customer, to be able to provide the commissioned service appropriately and promptly, for invoicing purposes, and in order to process and assert reciprocal claims. Data processing is carried out at the request of the client and is necessary for the purposes stated within the meaning of Art. 6(1)(b) GDPR.
3. The personal data collected by the Interpreter in order to perform the contract will be stored until expiry of the statutory retention period and then routinely erased, provided that it is no longer required for the fulfilment or initiation of a contract and/or the Interpreter no longer has a legitimate interest in its continued storage. In the event of intervention rights being exercised that require erasure, the data concerned will be erased immediately.
4. Insofar as is necessary for performing the contract as per Art. 6(1)(b) GDPR, the client's personal data will be passed on to third parties. This includes, in particular, disclosure to any subcontractor of the Interpreter or to the transport company hired to deliver the interpreting equipment. The data disclosed may only be used by the third party for the purposes specified. In all other cases, data will only be passed on to third parties with the consent of the client.
5. The client has the right, pursuant to Art. 7(3) GDPR, to withdraw their consent from the Interpreter at any time. This means that the Interpreter will no longer be permitted to continue processing data based on this consent in the future; 
pursuant to Art. 15 GDPR, to request information about the personal data processed by the Interpreter. In particular, the client may obtain information about the purposes of processing, the category of personal data being processed, the recipients or categories of recipients to whom their data has been or will be disclosed, if possible the planned duration of storage 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 their data, unless it was collected by the Interpreter, and the existence of automated decision-making, including profiling and, where applicable, meaningful information about its details; pursuant to Art. 16 GDPR, to request the immediate rectification of inaccurate or incomplete personal data stored by the Interpreter; pursuant to Art. 17 GDPR, to request the immediate erasure of their personal data stored by the Interpreter, unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims; pursuant to Art. 18 GDPR, to request restriction of the processing of their personal data if they dispute the accuracy of the data, if the processing is unlawful but they reject its erasure, if the Interpreter no longer needs the data but the client requires it for asserting, exercising or defending legal claims, or if they have objected to processing pursuant to Art. 21 GDPR; pursuant to Art. 20 GDPR, to receive the personal data they have provided to the Interpreter in a structured, commonly used and machine-readable format or to request the transfer of such data to another controller; pursuant to Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, the client can contact the supervisory authority at their usual place of residence, workplace or the Interpreter's place of business.
6. Insofar as the client’s personal data is processed based on legitimate interests pursuant to Art. 6(1)(f) GDPR, they have the right pursuant to Art. 21 GDPR to object to the processing of their personal data, provided that there are reasons for this arising from their particular situation.
7. If the client wishes to exercise their right of objection, it is sufficient to communicate this by email to mail@af-dolmetscherin.com
8. The Interpreter has implemented technical and organisational security measures to protect data, in particular against loss, manipulation or unauthorised access. The Interpreter regularly adapts these security measures to ongoing technical developments.