General Terms and Conditions for Customers

§1 – General Provisions

(1) These General Terms and Conditions (GTC) exclusively apply to all existing and future legal transactions between ATLANTIK Bochum GmbH, Universitätsstraße 125, 44789 Bochum (hereinafter referred to as "ATLANTIK") and the customer. The GTC also apply to all future orders, offers, deliveries, and services within the framework of an ongoing business relationship, even if not explicitly included. Any differing terms and conditions of the customer related to contracts, business, purchasing, or delivery are expressly rejected unless ATLANTIK explicitly acknowledges them in a specific case. Written form is required for such acknowledgment. Any prohibition of assignment that conflicts with this is hereby explicitly objected to.

(2) ATLANTIK offers the customer high-quality translation services.

§2 – Conclusion of Contract

(1) ATLANTIK provides an offer for a translation service based on the information and data supplied by the customer.

(2) The translation contract between the customer and ATLANTIK is concluded under the terms specified in the offer upon acceptance of this offer.

(3) In cases where the contract is concluded orally, ATLANTIK has the right to request written documentation of the contract terms and a signed version of the contract.

(4) ATLANTIK reserves the right to refuse the translation of a text. This applies particularly to cases involving texts with illegal content, texts that violate moral standards, or texts where the complexity and/or scope of the source material make it unreasonable to provide a translation of adequate quality within the time frame specified by the customer.

(5) Both parties may terminate the contract for cause without notice. Termination must be in writing. In the event of termination, ATLANTIK is entitled to invoice the customer for any services already provided on a pro-rata basis.

§3 – Scope of Services

(1) ATLANTIK provides translations under the agreed conditions. Unless otherwise agreed, ATLANTIK produces and delivers an edited translation. ATLANTIK is committed to translating the text provided by the customer accurately and professionally into the agreed language(s), ensuring the translation is carried out without omissions, additions, or other content changes. Incorporating individual customer-specific terminology is only done by prior agreement.

(2) ATLANTIK is entitled to engage qualified and verified third parties to deliver the translation service. The contractual relationship exists exclusively between the customer and ATLANTIK. For urgent orders requiring the distribution of work among several personnel, uniform terminology cannot be guaranteed. The creation or expansion of a terminology list or glossary is only undertaken by explicit agreement.

(3) ATLANTIK delivers the completed translation in the agreed format. Certifications, adaptations of foreign-language marketing texts, website and software localization, text entry, layout and printing services, formatting and conversion tasks, express deliveries, or the creation and expansion of a terminology list or glossary are not part of the contract unless otherwise agreed.

(4) Delivery deadlines are only binding if explicitly agreed upon by both parties. In the event of force majeure or circumstances beyond ATLANTIK's control, the delivery deadline is extended accordingly. The customer must inform ATLANTIK of the importance of meeting a specific deadline in each case.

(5) The return of source materials will only occur upon the customer's request and at the customer's risk.

(6) The customer must inform ATLANTIK in advance of any planned publication or use of the translation for advertising purposes and provide clear instructions, glossaries, and style or text guidelines. If this notification is omitted, ATLANTIK assumes no liability for resulting damages, such as incorrect publications or advertising.

(7) Translations are generally transmitted electronically (e.g., via email), by post, or by collection. ATLANTIK assumes no liability for delays or technical issues during transmission.

§4 – Customer Cooperation Obligations

(1) The customer must provide ATLANTIK with the text to be translated in an open format or a format that can be processed with common word processing programs.

(2) When placing the order, the customer must supply all information, documents, and materials necessary for the contractual translation. This includes, in particular, existing pre-translations, word lists or specific customer terminologies, and information about the intended use and purpose of the translation.

(3) Acceptance of the service or delivery, including partial deliveries, is a primary obligation of the customer. If the customer refuses or neglects to accept the service, they are deemed to be in default of acceptance without further notice and are liable for all resulting damages.

(4) The data received from the customer during the order or the translation file itself will remain stored with ATLANTIK for archival purposes. Data deletion will only occur at the customer's express request.

§5 – Usage Rights

ATLANTIK grants the customer the exclusive, unrestricted, and perpetual rights of exploitation and usage for the translation and any associated rights, provided the agreed and undisputed compensation has been paid in full. The customer may transfer these rights to third parties without prior notice or approval from ATLANTIK.

§6 – Compensation

(1) The agreed compensation applies. The compensation specified in the offer is in euros unless another currency is explicitly agreed upon. Currency exchange risks are borne by the customer. The specified amounts are net amounts, to which the applicable VAT must be added if legally required.

(2) Compensation is usually based on line-based billing, taking into account the language combination, difficulty, and specialization of the translation or a flat fee. Surcharges are applied for shorter delivery times. The conditions agreed in the translation contract take precedence.

(3) Lines with more than 30 characters are considered full lines. A minimum fee is charged if the agreed line price multiplied by the number of lines does not exceed the minimum fee.

(4) The agreed compensation becomes due for immediate payment upon delivery of the translation and issuance of the invoice. Payments must be made within 14 days. In the event of late payment, ATLANTIK is entitled to charge interest on arrears and reminder fees.

(5) For first-time orders, ATLANTIK is entitled to demand an advance payment of 50% of the order volume upon conclusion of the translation contract. Subsequent orders are payable after service delivery upon invoicing.

(6) Special and additionally agreed services entail a surcharge or are billed based on effort.

(7) If the customer cancels the order, ATLANTIK is entitled to charge cancellation fees of up to 100% of the agreed fee.

§7 – Assignment/Set-Off/Retention of Rights/Reservation of Ownership

(1) The translation and related rights (e.g., moral rights, exploitation, and usage rights) remain under reservation of ownership and rights until all outstanding claims against the customer have been fully settled. For ATLANTIK to assert ownership reservation rights, termination of the contract is not required unless the customer is a consumer.

(2) The assignment of customer rights requires written consent.

(3) The customer may only offset claims against ATLANTIK with undisputed or legally established counterclaims. The customer may assert a right of retention only in connection with counterclaims arising from the same contractual relationship.

§8 – Acceptance and Warranty

(1) The customer must examine the delivered translation for defects without delay. Obvious defects must be reported to ATLANTIK in writing immediately, and hidden defects must be reported promptly upon discovery.

(2) If no written complaint is made within 10 days, the translation is deemed to have been provided in compliance with the contract and accepted.

(3) The customer is responsible for defects in the source material.

(4) If the translation deviates from the agreed requirements, the customer must allow ATLANTIK an appropriate period to rectify the issue. Rectification is excluded if the deviations were caused by the customer, such as through incorrect or incomplete information, faulty source texts, or changes to the delivered translation. Otherwise, statutory warranty provisions apply. For justified and properly reported defects, ATLANTIK has the right to remedy or recreate the translation at least twice, at its discretion. The customer remains obligated to accept and pay for the service.

(5) The customer may terminate the contract, seek performance elsewhere, or withdraw only in cases of significant delay, rectification, or unavailability caused by ATLANTIK, provided a reasonable grace period has been set.

§9 – Liability

(1) ATLANTIK is not liable for the permissibility or suitability of the translation for the customer’s intended use. The legal risk of usability or publication lies solely with the customer.

(2) ATLANTIK is not responsible for inaccuracies, ambiguities, or errors in the source texts, templates, or specific customer terminologies provided.

(3) ATLANTIK accepts no liability for delays or defects caused by incomplete or unclear customer instructions, faulty source texts, or external circumstances beyond ATLANTIK's control.

(4) ATLANTIK is only liable for damages caused by willful or grossly negligent breaches of duty by ATLANTIK, its legal representatives, or agents. This applies to contractual or pre-contractual obligations, defects, or consequential damages. Liability under the Product Liability Act and for harm to life, body, or health is unaffected by these exclusions.

(5) ATLANTIK is not liable for disruptions caused by force majeure, operational closures, network/server issues, or virus/malware incidents. The customer assumes responsibility for final data verification. Damage resulting from electronic transmission is at the customer’s risk.

(6) Liability for lost profits is excluded in the scenarios outlined above.

(7) Liability for minor negligence is capped at twice the invoice value of the delivery or service causing the damage, up to a maximum of €20,000. In commercial transactions, this cap increases to thrice the invoice value, up to €30,000, for deliberate or gross negligence. These limits apply only to foreseeable direct damages and reduce further if the customer has insurance against such risks.

§10 – Third-Party Rights and Indemnification

(1) The customer must ensure that no third-party rights impede the processing, translation, or transfer of the texts. ATLANTIK may request supporting documentation as needed.

(2) The customer indemnifies ATLANTIK and its subcontractors against third-party claims arising from the processing or use of materials provided.

§11 – Confidentiality

(1) ATLANTIK treats all customer information and provided materials confidentially, refraining from unauthorized use or disclosure except as required for contract fulfillment. Subcontractors are bound to confidentiality.

(2) If stricter confidentiality requirements apply, the customer must inform ATLANTIK explicitly and in writing at the time of the order, providing necessary codes and tools.

(3) The customer consents to ATLANTIK storing their data for order fulfillment in compliance with data protection regulations.

§12 – Advertising Rights

ATLANTIK may reference the customer’s name and brand for self-promotion unless expressly objected to by the customer.

§13 – Non-Solicitation

If ATLANTIK employs third parties for translation services, the customer may not employ or contract these individuals directly or indirectly for 12 months post-contract without ATLANTIK’s consent. Violations incur a contractual penalty determined by ATLANTIK, subject to court review.

§14 – Final Provisions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Sales Convention.

(2) The place of performance is ATLANTIK Bochum GmbH's headquarters. For disputes, the exclusive jurisdiction is Bochum if the customer is a merchant (§14 BGB). Otherwise, statutory jurisdiction applies.

(3) Should individual provisions of this contract be invalid or unenforceable, the remaining terms remain unaffected.

§15 – Payment Default and Debt Management

(1) In the event of late payment, ATLANTIK may charge interest at 9 percentage points above the base interest rate, along with a flat reminder fee.

(2) After two written reminders, unpaid invoices may be transferred to a collection agency or sold.

(3) The customer bears additional costs arising from debt enforcement after prior notice in the second reminder.

(4) The customer will be explicitly warned of potential transfer to a collection agency in the second reminder.