Company Translation Services Agreement Prepared for: Trenz Pruca, Title Prepared by: Brenton Withers, Freelance Translator February 10, 2014 Brenton Withers Reichenberger Straße 59, 10999 Berlin, Germany T +49 176 202 57 059 brenton@brentontranslates.com Company Services Agreement Summary Introduction This contact outlines the conditions for the completion of a translation project. Description of Services The translator is responsible for the complete translation of the client’s text(s) as described in the Project Summary section of this contract. The translator agrees to complete the translation by the specified date. The translator is not responsible for graphic work, layout, coding, project management, producing original content or sales of any kind unless otherwise specified in the project summary. The translator agrees to deliver the work in the specified format and, if applicable, using the specified translation memory software as outlined in the project summary. Fees for Services The rate for translations into English is 1.55€ per standard line, as is standard for German-speaking countries. This roughly corresponds to .12€ per word, as is standard in English-speaking countries. The cost of the translation has been detailed in the proposal from 01.02.2014. The source text has a total of 4.443 standard lines. The total cost of the translation is 5.339,50€ including VAT. Additional Costs The client shall reimburse the translator for necessary out-of-pocket expenses that are not a normal part of routine translation procedure, such as overnight document delivery service or travel, as requested by the client. Translation projects due within the next twelve hours are subject to the last-minute rate of 25%. This is detailed in a proposal or by oral agreement, if the project was approved without a proposal. The last-minute fee for this translation project is 1.334,87€ and was included in the total cost of the project as detailed above. Translation Services Agreement 1 Company Payment The translator will invoice the client when the client receives the final version of the target text and approves it. Invoices are sent electronically unless otherwise requested. The entire amount of the invoice is to be paid in full within 14 days upon receipt. Payments can be made per bank transfer to: Brenton Withers Commerzbank Account Number: 0633560300 Routing Code: 40080040 Should the client prefer another mode of payment, this must be annotated in the Additional Provisions section of this contact. Delinquent Payment Should the client become delinquent in payment of an invoice a reminder will be sent. The translator reserves the right to apply a surcharge of 25€ per week until payment is made. Should the client refuse, or be unable, to pay the invoice, the translator will refer to the matter to legal representation for review. Changes and Revisions Should the client decide to change or revise the project’s source text after translation work has already begun, the translator reserves the right to apply a surcharge of 10% to the entire cost of the project. This only applies until the point when the final work has been submitted. Work that has been published, either in print or in online format, cannot receive further re-writes or edits from the copywriter without both parties agreeing to an additional payment. The translator is not responsible or liable in anyway for any changes made to the target text, by the client or third parties, after the translation has been completed and submitted. Review and Editing The client has the right to review the translation after it has been submitted. The client must acknowledge receipt of the translation within 7 days and inform the translator that the review has begun. The client must inform the translator when the review has finished. If the client does not inform the translator that the review has been completed or update the translator on the review’s progress within 30 days of submission, the translator reserves the right to consider the translation project finished and invoice the client. Translation Services Agreement 2 Company Should the client find irregularities in the target text or want the translator to edit aspects of the target text, the translator is required to complete the corrections at no additional cost. Copyright Until full and final payment as described in this contract has been received, the translator retains the copyright of the target text. Once payment has been received, the copyright of the target text is automatically transferred to the client. Deadlines The translator will make every reasonable effort to deliver the target text as specified in the Project Summary section of this contract. The client is asked to have understanding for extenuating circumstances (illness, death in the family, other emergencies) in the unlikely event that they should arise. Confidentiality By signing this contract, the translator agrees to keep all contents of the source and target text, as well as all communications with the client, confidential and not to share it with third parties. Should an editor be used for proofreading purposes, this must be specified in the Additional Provisions section of this contract. Indemnification The translator is not liable for the client, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages, which arise regarding this project. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. Governing Law This contract shall be governed by the laws of the State of Berlin, Germany. Additional Provisions Should the translator or the client wish to add additional provisions to this contract, he or she may do so in the Additional Provisions Appendix at the end of this contract. Cancellation or Withdrawal If the client cancels or withdraws any portion of the items described in the Project Summary section above prior to the translator's completion of the project, then, in consideration of the translator's scheduling, the client shall pay the translator 50% of the project’s value, also specified in the Project Summary section. In the event of a cancellation or withdrawal, the translator keeps the retainer fee as specified in the Payment section. Translation Services Agreement 3 Company Complete Agreement This is the complete agreement of the parties as to the subject matter of this contract. Any changes in this contract must be submitted in writing and are only applicable when signed by both parties. This contract becomes binding only upon signature by both parties and the delivery of fully signed copies to each party. __________________________________ __________________________________ Brenton Withers, 14.02.2014 Trenz Pruca, 14.02.2014 Translator Client Translation Services Agreement 4 Company Additional Provisions Appendix Should the translator or the client wish to add additional provisions to this contract, he or she may do so here: 1. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ 2. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ 3. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ 4. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ 5. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Translation Services Agreement 5