1. General Terms and Scope
1.1. The following terms and conditions apply to all contract whether written, oral or implied between Wilshin, Mark and Eriksson, Teresa GbR, Niederbarnimstr. 2, 10247 Berlin (hereinafter referred to as WeWrite) and its clients, insofar as they are entrepreneurs or a legal entity under public law.
1.2. A client’s deviating or supplementary General Terms and Conditions shall only become part of the contract if they have been expressly acknowledged by WeWrite.
1.3. The translation of these Terms and Conditions serves for informational purposes only. The official and binding language of this contract is German, and all contracts shall be subject to German law.
2. Conclusion of Contract
2.1. Conclusion of Contract
The contract comes into force when the text to be translated or written, together with a binding order from the client, has been received in full by WeWrite, and the order has been accepted and confirmed. Each contract is concluded on the basis of these Terms and Conditions exclusively. The Terms and Conditions are acknowledged by the client upon placing the order and apply for the entire duration of the business relationship. Conflicting terms and conditions from the client are not recognised, even if they are not expressly contradicted.
2.2. Quotations from WeWrite are non-binding and without obligation. Valid prices are the ones listed in each individual quotation. Where applicable, net prices are subject to applicable VAT.
3. Services, Terminology, and Subcontractors
3.1. WeWrite commits to translating the text provided by the client into the agreed target language in such a way that it is free from errors. WeWrite ensures that the translation shall be carried out without omissions or inappropriate additions or content changes. WeWrite reserves the right to insert annotations, footnotes etc. for the understanding of the text in the target language and/or to correct obvious errors. WeWrite will inform the client of such corrections.
3.2. Unless otherwise agreed, the WeWrite’s services shall consist exclusively of the translation of texts provided by the client into a target language and shall be charged on a per word basis. Proofreading, text revisions, editing, retrieving or re-assembling text into graphics and images, implementing text into print templates or HTML/XML/JSON documents, etc. are charged hourly based on the time spent, unless otherwise agreed by the parties. Unless otherwise specified, translations shall be carried out according to the generally accepted conventions of the agreed target language in terms of language use, spelling, and grammar. Technical terms and special vocabulary are translated with their usual meaning. If the client has special or deviating terminologies or formatting requirements for the translation, which differ from the generally accepted rules, they shall only be used if expressly agreed to in the contract. In this case, the client must provide instructions (sample texts, parallel texts, glossaries, and the like) in a digitally editable form. At WeWrite’s request, the client will provide technical advice.
3.3. WeWrite is entitled to use subcontractors to fulfil its contractual obligations. WeWrite is responsible for the proper selection of each subcontractor and the professional execution of the order. The subcontractors of WeWrite must also be trained, native translators. WeWrite shall also require confidentiality agreements of its subcontractors.
4. Duties of the Client
4.1. The client must inform WeWrite of any desired forms of execution of the translation during the quotation process (purpose of use, delivery on data carriers (e.g. CDs or DVDs), file formats, if applicable, the number of copies, print readiness of the translation, etc.) If the translation is intended for printing, WeWrite will receive a proof for review before printing. The client must generally provide WeWrite with any texts to be translated in a digitally editable form. The source material must be legible and delivered to WeWrite at the time and in the format specified by WeWrite. Any changes or additions to the source material shall be communicated to WeWrite after consultation and marked to show the changes compared to the original version. Changes and additions may affect both the agreed price and the delivery deadline.
4.2. Information and documents necessary for the creation of the translation must be provided to WeWrite by the client at the time of placing the order (client’s technical terminology, illustrations, drawings, tables, abbreviations, internal terms, etc.).
4.3. The client shall ensure that the translation of the source text as well as the publication, distribution, sale, and any other use of the translation to be delivered does not violate the rights of third parties and that they are fully entitled to have the text translated. The client indemnifies WeWrite from all related third-party claims.
5. Acceptance, Duty to Notify Defects, Rectification, Warranty Period
5.1. The text or the agreed service shall be provided to the client in the desired format no earlier than 48 hours after the order has been placed. If the client does not raise any objections within 72 hours of receiving the translation or the agreed service, the translation or the agreed service is considered to have been accepted in accordance with the contract.
5.2. Obvious defects must be reported immediately, but no later than within 72 hours.
5.3. The client must notify WeWrite in writing of any obvious defect within a period of 72 hours and request WeWrite to rectify the specific defect within a reasonable time period. If the rectification fails, the client must give WeWrite a second opportunity to rectify the defect. If this also fails, the client is entitled to demand the reversal of the contract or a reduction of the agreed fee.
5.4. Hidden defects shall be reported to WeWrite within a period of 48 hours after discovery. Otherwise, Clause 5.3 of these Terms and Conditions shall apply.
5.5. The warranty period is 12 months from acceptance. This does not apply insofar as WeWrite is liable under Clause 6 to legal provisions. In this case, statutory provisions shall apply.
6. Liability
6.1. WeWrite’s liability in cases of intent or gross negligence is governed by legal provisions. Liability for guarantees is independent of fault.
6.2. WeWrite is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, body or health, or for violation of essential contractual obligations. An essential contractual obligation is an obligation whose fulfilment is essential for the proper execution of the contract and on which the contractual partner may regularly rely. However, the claim for damages for the slightly negligent breach of essential contractual obligations is limited to foreseeable, contract-typical damage, unless liability is due to injury to life, body, or health. Foreseeable, contract-typical damages are those that fall under the protective purpose of the respective violated contractual or statutory norm. WeWrite is similarly liable for the fault of its subcontractors and representatives.
6.3. The provisions of the preceding paragraph extend to compensation for damages in addition to performance, damages in lieu of performance, and the claim for reimbursement of expenses incurred in vain, regardless of the legal reason, including liability for defects, delay, or impracticability. These regulations do not constitute any change in the burden of proof to the disadvantage of the client.
7. Delivery Dates and Delay
7.1. As long as WeWrite has not expressly designated a delivery date as a binding date, it is not a binding or guaranteed delivery date.
7.2. The above regulations do not constitute any change in the burden of proof to the disadvantage of the client.
8. Usage Rights and Copyright
8.1. Insofar as WeWrite creates works in the sense of the Copyright Act, either wholly or partially, through its service, the client may use and exploit the works spatially, content-wise, and temporally unlimited for the contractually intended purpose. Within the scope of the contractually intended purpose, the client is entitled to edit, change, and pass on the service to third parties. Any use of the service beyond the contractually intended purpose requires WeWrite’s express written consent.
8.2. Clause 8.1 of the Terms and Conditions shall not apply to the production of a certified/authorised translation. A certified/authorised translation is a translation whose complete conformity with the original is confirmed/authorised by a judicially empowered translator. Translations of official documents (e.g., commercial register extracts, certificates, or diplomas) must always be certified/authorised. The client is not entitled to edit or change a certified translation.
8.3. If WeWrite develops a specific terminology database or a Translation Memory (“Translation Memory”, TM) or further develops the client’s existing databases, the copyrights and usage rights to the databases or the developed part of the databases, contrary to Clause 8.1, exclusively belong to WeWrite – unless the parties have expressly agreed otherwise, when this shall not apply.
9. Rules for Copywriting and Translation
9.1. Orders and Briefings
The client shall communicate to WeWrite a briefing including their wishes regarding the content, purpose, scope, and tone of the text to be created or revised and shall provide all necessary documents (briefing documents, sample texts, terminology lists, etc.).
9.2. Transmission of Texts
Depending on the agreement of the order, the texts shall be delivered either in data or in paper form. WeWrite assumes no liability for the successful transmission of the sent documents. All obligations are considered fulfilled if the documents have been sent on time according to the agreed delivery method. Transmission by electronic means (e.g., e-mail) or other means of remote transmission is exclusively at the risk of the client. In the case of transmission by e-mail or other remote data transmission, the client is responsible for the final review of the transmitted texts and files, as a change in the transmitted data cannot be excluded. Liability for damages caused by electronic viruses is also expressly excluded.
9.3. Liability
WeWrite commits to execute orders in such a way that they are as error-free as possible; minor defects shall not be taken into account. WeWrite is not liable for delays or execution defects that arise due to unclear, incorrect, or incomplete order placement or due to errors or misleading or even incorrect formulations in briefing documents, source or sample texts. WeWrite is not liable for delays in performance caused by strikes, operational disruptions, force majeure, network or server errors. In this case, any claim for damages is excluded. If any minor and objective defects remain, the client must notify WeWrite of these defects within 72 hours, describing them as precisely as possible. The period begins at the end of the day on which the texts are returned. If no complaint is made within this period, the texts shall be considered to be approved. The client must set WeWrite a reasonable period for rectification. If the rectification fails, the client is entitled to demand a reduction in price for this defect in the rectification. If the client does not indicate that the texts are intended for printing, does not provide WeWrite with a proof for approval before printing, and prints without WeWrite’s approval, then any defect is fully at the client’s expense. WeWrite is only liable in cases of intent and gross negligence. It is not liable for indirect damages. WeWrite shall only be liable for software damages in cases of intent and gross negligence. The aforementioned limitation of liability also applies here.
9.4. Usage Rights
WeWrite allows the client to use the texts without temporal or spatial limitation and without limitation as to the number of copies according to the communicated purpose of use. The client is also entitled to edit the texts and to transfer any rights over the texts to third parties by way of license or otherwise.
9.5. Duration of Execution, Liability for Delays
WeWrite strives to complete and dispatch the commissioned work on schedule. Delivery deadlines however only represent approximate dates. If WeWrite recognises that delays shall occur, it will try to inform the client. If a deadline has been agreed upon and has passed, the client must grant WeWrite a reasonable extension before terminating the contract without notice. If this extension also expires to a significant extent, the client may terminate the contract without notice. By doing so, WeWrite loses the claim to their fee for any services that could no longer be provided after the termination.
10. Confidentiality
10.1. WeWrite shall treat all orders and all information received with the orders confidentially up to and beyond the completion of the order.
10.2. WeWrite welcomes separate confidentiality or non-disclosure agreements.
11. Remuneration and Payment Terms
WeWrite will invoice its fee for all services upon completion. Invoices are payable within 28 days and will be sent to the client by e-mail.
12. Data Protection
Our Privacy Policy can be found here: https://we-write.com/privacy-policy/
13. Place of Jurisdiction
The place of jurisdiction for all claims and legal disputes arising from the contractual relationship is the registered office of WeWrite.
