Service Contract
Between
The Translation Smithy - Die Übersetzungsschmiede
Melanie Schmidt, 50321 Brühl
(here after referred to as the service provider)
And
XXX
(here after referred to as the customer)
this contract will be conluded regarding the following service:
§1 Object of the Contract
The customer transfers the carrying-out of the following service/s (depending on the agreement with the customer) to the service provider:
- Translation
- Editing/Proofreading
- Writing of texts
§2 Components of the contract
As for components of the contracts apply:
- The performance description by the service provider
- The consensual offer either of the customer or of the service provider
- Incidentally all legal requirements of the Civil Code
§3 Term of the Contract & Termination
The contractual relationship starts with the conclusion of the contract and ends with the effected fullfillment of the contract.
§4 Sort and Range of the Performance
The service provider obliges to carry out the adducing performance expertly according to this contract.
§5 Order Fullfillment
All performances by the service provider are regarded as fullfilled and taken off, if the customer does not raise an objection immediately. Sort and size of the fault must be described here exactly.
Payment effects within 14 days after receipt of invoice. With greater sums there could be made a down payment and a final payment.
If a customer complains justified faults at the contractual fixed performances with regard to wrong, delayed or bad delivery the service provider is entitled and obliged to make improvements or other reimbursements (money back or granting discounts).
§6 Costs
The costs for the under §1 engaged services come to a flat rate of:
___________________ EUROS (according to §19 Paragraph 1 Clause 1 UStG/German Clause tax exempt)
According to §614 Civil Code professional fees of a service relationship are due after performance of the service.
§7 Legal Responsibility
The customer is legally responsible for the failed payment for his/her adduced performance by the service provider and accepts this contract as being permissible in law for possible trials to demand payment for the adduced performance.
Failed payments will be asked via request of payment and via (legal) dunning by the service provider. According to §284 Paragraph 3 Civil Code a delay of maturity and payment of the invoice arises already after 30 days for the customer (provided that a date for payment had been negotiated and therefore passed) that in turn will be charged with 3.00 € for default costs/charges (per overdued reminder).
If the customer is not able to pay for private reasons (family, financially, etc) and this is not meant maliciously the service provider can grant the customer discounts or payment of installments.
In the interests of both parties such claims are to clarified preferably out of court.
The service provider does not accept any legal responsibility if a customer him-/herself carries out unauthorized additional improvements on the adduced performance by the service provider and this afterwards leads to a decline or other troubles/offenses for which purposes the adduced service was meant for. Here the customer has to take over all responsibilities and insurance and the damages.
§8 Withdrawal
For here an individual doing is based on individual negotiations there is no possibility of a withdrawal from the contract.
§9 Place of Jurisdiction
Court of Jurisdiction is Brühl (Germany).
__________________________________ _____________________________
(Signature of the service provider) (place, date)
__________________________________ _____________________________
(Signature of the customer) (place, date)