General Terms of Use and Business (As of May 2024)

General Terms of Use and Business
(As of May 2024)

1General, definitions
1.1Nataliya Yena and her team (Silabot/we), of Darmstädter Landstraße 199, 60598 Frankfurt am Main, provide translation services at https://silabot.de and https://opct.biz.
1.2A contractual relationship is said to exist with Silabot once someone uses the Silabot portal (the Portal).
1.3We only provide our service to legal persons and natural persons who are adults and not limited in their legal capacity.
1.4Within the meaning of the present General Terms of Use and Business (the General Terms), clients may include both consumers and companies. Under these General Terms, a ‘consumer’ is a natural person who is transacting for purposes that cannot be ascribed primarily to either business or self-employed activity. A ‘company’ is a natural or legal person, or a partnership with legal capacity, transacting in their business or self-employed capacity. A partnership with legal capacity is one capable of acquiring rights and incurring liabilities.
1.5The contractual partner is Nataliya Yena, Darmstädter Landstraße 199, 60598 Frankfurt am Main.

2Scope of application
2.1The present General Terms apply to the use of our Portal and to all the translation services we provide for our clients.
2.2The only terms and conditions that govern the contractual relationships we will conclude are the present General Terms. We expressly reject any provisions which contradict the present General Terms. No other terms apply unless we agree them in writing. Agreements made in individual cases which deviate from these General Terms will only apply to the relevant contract and not to any future contracts.

3Object of the agreement
3.1Free customer account
Clients have the opportunity to register on our portal free of charge. A permanent, free customer account is created when a user registers. Once registered, clients can use this account to perform all activities online themselves (including ordering and managing orders and returns, changing addresses and payment methods). Clients may not register more than once.
3.2Translations, certification and Apostilles
Clients may receive an estimate on the Portal for the creation of a translation and, if need be, certification of that translation and/or acquiring its legalisation (Apostille). Provided the client accepts our estimate, Silabot will produce the translations in line with the agreed conditions. The product ordered, which is usually a digitally certified document, will be sent to the client by email as a PDF file once they have paid the agreed sum. At the client’s request, a certified document may also be sent by post for a fee.
3.3Translation services are provided from and into the following languages: English, German, Russian and Ukrainian.
3.4The price is comprised of the following items: the price for the number of lines in the target text, the price for any Apostilles and/or certification, a flat fee for any expenses, any postage and packaging costs, plus statutory VAT. The type of price calculation will always be stated on the order page and explained comprehensively in the FAQs under ‘How do we calculate our prices?’.
3.5Translations are performed to the best of the translator’s knowledge and belief. Unless any particular instructions or documents are included, a ‘working translation’ will be produced and delivered. We will translate technical terms in the way most commonly found in our reference sources or the way they are most commonly understood.
3.6We will only consider using particular specialist terminology which the client requests if we make an agreement to that effect, and once the client has made available sufficient documentation and/or glossaries in good time. Clients should agree explicitly when they place their order that they wish to use specific terminology.
3.7We cannot accept liability for any errors in translations due to incorrect or incomplete information or deficient original texts supplied by the client. The same applies to illegible names and/or figures in the original text.
3.8We will not check the completeness or accuracy of any information, data, reports or other items made available to us unless there is any particular reason to do so in the individual circumstances or it is explicitly covered in our contract, In particular, Silabot is under no obligation to check the authenticity or sense of the text for translation or other documents submitted.
3.9We cannot guarantee consistency or uniformity in terminology if an order is so urgent that we need to split it between several different translators.
3.10Silabot may, at the client’s request, also send the translated document to an end recipient in Germany (such as a registry office). This will be sent at the client’s request, either by post or email; the service will be provided at the client’s expense.

4Conclusion of Contract
4.1Free customer account
Among other requirements for registering and creating a customer account, the client must supply a valid and up-to-date email address and a password. A contract for the free customer account will be concluded when the client checks the ‘Create an account’ box and then clicks on the ‘Get estimate now’ button. A free customer account can also be opened when the client checks the ‘Create an account’ box on Silabot’s order page and then clicks on the ‘Order and pay for translation’ button.
4.2Translation contract
a)Clients may use the Silabot Portal to request an estimate for translation services. To request an estimate, clients must click the ‘Get estimate now’ button at the top of the Portal landing page. b)On the following page, they must supply the personal data required to create the order and perform the contract, and upload an electronic version of the document(s) to be translated. c)Next an additional window will appear when the client clicks on the ‘Edit document’ button. This asks clients to supply information on the source and target languages, the category of document, the number of lines or pages, the type of certification and whether the document has been handwritten or produced on a computer. This information will be used to provide an initial price estimate, which may be different to the final price. By clicking on the ‘Save’ button, clients can save the automatic calculation performed in the Portal. Using the ‘Sample Prices’ tab, clients can view sample price calculations for the translation of different categories of document. d)The individual estimate for the relevant translation services is requested when the client clicks on the ‘Get estimate now’ button. First, they must confirm by checking a box that they agree to Silabot’s General Terms, have read and understood the Cancellation Policy and the Data Protection Notice, and are aware that the price estimate and final price may differ. e)We will now email the client to confirm receipt, then send them an individual estimate. The contract is not concluded when the client receives either this email confirming receipt or the estimate itself. The estimate is calculated on the basis of the information the client has uploaded. The final price for the order may differ from the calculated price. The client will be notified of the final price when the final invoice is sent, after the translation has been produced. The reason the two prices may differ is that the final price for the translation is calculated from the number of standard lines in the target language. However, we do not know this when we first estimate the price. Our price calculation for the estimate therefore uses standard lines in the source language. f)The email containing our estimate will contain a link to our order page (‘Complete order’). On this order page you will be able to check the information you have entered, and amend it if necessary, before you submit your order. If need be, you can also state a different delivery address (for certified translations), submit a SEPA direct debit mandate, and if necessary upload Photo ID (this is only recommended for clients whose names are written in Cyrillic script in the source text for translation). Separate authorisation is required under GDPR for us to process the data contained in your photo ID, and we request authorisation at this stage. The order page also allows you to download your estimate and store it on your own device. g)A contract with us is concluded when you accept our estimate by visiting the order page and clicking on the button ‘Order and pay for translation’. First, you must confirm that you have read and understood the Cancellation Policy and, if applicable, explicitly ask us to begin performing our service before the cancellation period has expired. h)Once you have ordered, we will send you an order confirmation. We will also send you a deposit invoice and ask you to pay this; we will send you our postal address so you can send us the original documents. i)We will only begin to fulfil the order once we have the originals of the documents for translation (or an officially certified copy) and the deposit invoice has been paid.
4.3English, German, Ukrainian and Russian are the languages in which we can conclude contracts.
4.4We will store the contract text, and send you the order details and our General Terms by email. We will email you our invoice as a PDF file.

5The client’s duty to cooperate
5.1Your cooperation is required if we are to complete our orders as agreed. Clients must send the originals of the documents for translation by registered post. Only once we have received the original documents will we begin to fulfil the order.
5.2Furthermore, clients must pay us the estimated overall price (according to the deposit invoice) in advance, and later pay the final price (according to the final invoice).
5.3Accepting the service provided and/or the delivery is one of the client’s principal obligations. Once the translation is complete, we will initially send the client an unsigned preview of the translated document, alongside the final invoice, and ask them to pay that invoice. When the client has paid our final invoice (the money has reached our account), we will email or post the certified translation to the client for acceptance. If the client omits or refuses to accept the translation without justification, they will without prior warning be deemed to be defaulting on acceptance.
5.4We complete our translations on the basis of the following standards; where they cover the client’s areas of responsibility, compliance with these standards requires the client to cooperate:
-ISO 9:1995(en) – Transliteration of Cyrillic characters into Latin characters – Slavic and non-Slavic languages -For the purposes of Section 24 AufenthG (Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory), we will not use ISO 9:1995(en) to transliterate the names of Ukrainian citizens, but instead use the unified transliteration rules agreed by the Ukrainian government, which can be consulted here. -ISO 11669 Translation projects (Published 05.2012) -ISO 17100 Translation services – Requirements (Published 05.2015), and the German DIN standard EN ISO 17100 Übersetzungsdienstleistungen – Anforderungen (Published 05.2016) -ISO 18587 Translation services – Post-editing of machine translation output (Published 04.2017) and the German DIN standard ISO 18587 Übersetzungsdienstleistungen – Posteditieren maschinell erstellter Übersetzungen (Published 02.2018)
We therefore request that clients make available all the relevant facts, information, data, documents, specialist publications, previous versions, background texts, glossaries, etc. to us free of charge, as soon as possible and in easily readable form (either digitally or in print). We ask in particular that clients tell or provide us with:
-The target readers and the purpose of the translation (especially if the document is to be published online or in print); -An index or other target-language aid to understanding any technical or other specialist terminology or abbreviations; -The converted amounts for any figures, measurements, currencies etc. which require conversion. We will not perform any conversions ourselves. If the client fails to supply us with converted ones, we will use the data, units and measurements contained in the original text.
If the original text contains a name in Cyrillic script which we need to transliterate, we ask that you upload a copy of the relevant Photo ID to the order page to illustrate how that name is to be transcribed into Latin script.
5.5We ask you to alert us to all processes and circumstances which may be significant to the completion of your order.
5.6You must guarantee that you hold all the rights in relation to the relevant texts which are needed to place the order, and that we are entitled to translate the relevant texts.
5.7Free customer account: Clients must ensure that all information they supply when they register is correct and complete. If a client supplies incorrect or incomplete information, Silabot will be entitled both to terminate this contract without complying with the termination period and to delete the client’s account. Clients may log in to their account using their email address and password. Clients must treat this access information as confidential; it may not be passed on to third parties. If any of the client’s personal data changes, they must update the data in their customer account. Clients must inform us immediately if they lose their access information or password, or suspect that these have been misused. Furthermore, we are entitled to block access to the client’s account if it is misused. Clients are liable for any misuse for reasons attributable to them.

6Third-party involvement
Any suitably trained colleague of ours is authorised to process the relevant order. We may make use of carefully selected third parties (external freelance translators). Any contact between the client and a third party commissioned by us requires our prior authorisation. Third parties commissioned to fulfil an order are obliged as processors under the GDPR to keep your personal data confidential.

7Delivery
7.1Clients will receive the contractually agreed copy of the translated document in digital format by email. If they expressly request this, the document may (also) be sent to the client and/or end recipient (e.g., authorities) through the post. Copies of documents we have translated may also be ordered within 10 years, for a fee.
7.2We state delivery deadlines to the best of our knowledge and belief and acknowledge that these can only ever be predictions. These cannot be understood as binding assurances. If we are unable to keep to a delivery deadline, we are entitled to ask the client for an appropriate deadline extension. In such cases, any more extensive rights, including the right to claim compensation, are excluded in the context of Section 13.

8Acceptance, rejection
8.1Once the translation service has been provided, we will initially send the client an unsigned preview of the translated document, plus the final invoice. Only when the client has paid our final invoice (the money has reached our account) will we email or post the certified translation to the client for acceptance.
8.2Should the client not accept the translation and also not cite a single deficiency they can describe specifically, then once the period stated by Silabot in the covering email has elapsed the translation will be deemed to have been created and accepted in accordance with the contract. This will only apply where Silabot has expressly referred the client, when sending the translation, to the fact that the translation will be deemed to have been accepted if the above period has elapsed without the client notifying any deficiencies.
8.3We will only accept a rejection of the order where a lack of compliance with the requirements is justified sufficiently and comprehensibly. We will not accept any rejection by the client if they themselves have caused the deficiency by supplying incorrect or incomplete information or an original (source) text containing errors.
8.4The translations we produce may only be used after they have been accepted; until that time we will not accept any liability.

9The client’s rights where deficiencies arise, Customer service
9.1Our guarantee is based on the legal provisions in §§634 ff. of the German Civil Code (BGB).
9.2The statute of limitations for businesses to claim under the guarantee is 12 months from acceptance.
9.3Our customer service is available for enquiries, complaints and claims by emailing: mail@silabot.de. It operates from Monday to Friday, 09:00 to 13:00.

10Confidentiality
10.1It is very important to us that we treat any information we receive in connection with the translation contract carefully and conscientiously. We will keep confidential all such information connected with working for our clients. We will only disclose this to third parties under the terms of our Data Protection Notice.
10.2Where texts and data are transmitted electronically between the client and ourselves, we cannot guarantee absolute secrecy due to the possibility of external intervention. Where our processing of certain documents is subject to stricter obligations of confidentiality, the client must inform us of these obligations in writing when placing their order, and supply any programs, codes and passwords required.

11Retention of title
Until all receivables arising from our contract have been paid in full, the goods and services provided will remain our property and we will retain all rights to their use or exploitation, unless we have explicitly agreed otherwise.

12Payment and remuneration conditions, Default
12.1The definitive remuneration is stated in the final invoice once the translation has been produced. Payment for the translation services will be made in two instalments.
12.2The client must first pay the overall estimated gross value of the order, in advance, when they conclude the contract (as in the deposit invoice). We will request this from the client in an email. Silabot will check the document that the client has uploaded. If the number of standard lines or pages which the client has estimated for the document differ greatly from the actual number in the document, Silabot may adjust the deposit invoice amount accordingly (the overall estimated gross value of the order may increase or decrease). If Silabot estimates this overall gross value for the order to be higher than the client’s estimate, the client is entitled to withdraw from the order.
12.3Since the final translation price is based on the translated (target) text, we are only able to inform the client of this once the translation has been produced. Once the translation has been produced, we will initially email the client a final invoice and the unsigned preview of the translated document for acceptance. The deposit invoice will be offset against the final invoice. The volume of the translated text will determine whether additional payment is required or some of the deposit is repaid. When the client has paid our final invoice (the money has reached our account), we will email or post the certified translation to the client, whichever they prefer. We will send the original documents by registered mail using Deutsche Post.
12.4Our invoices are due for payment on the date stated in them. If no date is stated, payment is due immediately. Our prices should be taken as gross amounts, including any statutory VAT.
12.5Clients may choose between the following payment options:
·Bank transfer
When the client chooses the payment type: bank transfer, we will send them our bank details in the order confirmation. The invoice will be due in accordance with Section 12.4.
·SEPA direct debit process
If paying by direct debit, the client must bear any costs arising from a chargeback of the payment transaction due to a lack of funds on the account or due to the client transmitting incorrect bank details.
·Paying cash at Silabot’s head office
If a client chooses to pay this way, they must agree a binding date and time to hand over payment.
12.6We are entitled to demand interest on arrears once 14 days have elapsed from the payment dates in Sections 12.2 (Deposit invoice) and 12.3 (Final invoice); for consumers (non-commercial clients) the rate of interest payable is five percentage points above the applicable base rate, and for commercial clients (companies) the rate is nine percentage points above the applicable base rate. However, this will not apply where the client has properly withdrawn from the order (see Section 12.2) or refused to accept it (see Sections 8.2 and 8.3).
12.7We are entitled to refuse to issue any or all documents (including those documents which the client has transmitted to us so we can complete the order) until all our claims for payment have been met in full.

13Liability
13.1Notwithstanding the exceptions listed in Section 13.2, our liability for infringements of contractual obligations and for offences is limited to intent or gross negligence; we will be liable for all damages arising from the absence of a guaranteed characteristic.
13.2We bear unlimited liability for slight negligence in cases of injury to life, limb or health or for the infringement of an essential contractual obligation. If we have gone into arrears on our service provision due to slight negligence, if it has become impossible to provide the service, or if we have infringed an essential contractual obligation, then our liability for any resulting damage to property and financial losses is limited to that damage which could typically have been foreseen. An essential contractual obligation is one the fulfilment of which is necessary to properly perform the contract, the infringement of which puts the achievement of the purpose of the contract at risk, and compliance with which the client may ordinarily expect. These obligations include in particular our obligation to perform our contractual obligations: the translation order.
13.3We hold indemnity insurance for damages we have caused, except for those cases listed in Section 13.4; this covers damages for each insurance claim up to a limit of EUR 100,000 (for financial losses) or EUR 5 million (for injury or damage to people and property). Before we accept an order, we will estimate our liability risk with all the means at our disposal. We ask our clients to inform us immediately if they identify that our liability risk exceeds the amount of our insurance. In this case, so that we do not endanger the existence of our company, we will subject the order to further examination and either adjust our insurance amount or reject the order.
13.4We do not hold indemnity insurance cover where claims for damages we have caused are made before courts in a country where Common Law applies or where claims arise from the infringement of the law in a country where Common Law applies, or for damages in connection with an activity undertaken in a Common Law country (see Section 13.3 of the present General Terms). Within the meaning of the present General Terms, the definitive list of Common Law Countries is: the United States of America, Canada, Australia, the United Kingdom, Hong Kong, India, Ireland, Israel, Jamaica, Malaysia, New Zealand, Singapore and South America. In these cases, the provision in Section 13.3 of the present General Terms will not apply. The remaining provisions in Section 13 of the present General Terms will continue to apply.
13.5We are liable for damages arising from a delay on our part in providing the services only to the extent that damages could be foreseen, up to a maximum limit of the insurance amount stated in Section 13.3 of the present General Terms. The last clause does not apply in the exceptional cases listed in Section 13.4 of the present General Terms.
13.6We cannot accept any liability for delays in service provision and/or damages based on your failure to fulfil your duty to cooperate within the meaning of Section 5 of the present General Terms.
13.7We cannot accept any liability for delays and/or damages based on force majeure or unavoidable events.
13.8Nor can we accept any liability for damages based on events for which we are not responsible (for example server faults and outages, line and transmission faults).
13.9The above limitations of liability also apply to Silabot’s legal representatives and assistants, where claims are made directly against them.

14Ending or terminating the contract
14.1The client may terminate orders for price quotations and/or translation orders at any time prior to production of the translation.
14.2Where the contract is terminated before the order is complete, we are entitled to charge the client for that proportion of the service which was provided prior to termination. The cost will be that proportion of the contractually agreed overall price which corresponds to the proportion of the contractually agreed overall services provided. We are further entitled to claim compensation for the other expenses and earnings lost, at a rate of 10% of that part of the contract price which corresponds to the services which Silabot had not yet provided at the time of termination. The client may submit evidence to the contrary, proving that Silabot actually provided fewer services and incurred fewer expenses.

15Usage rights
By paying the invoice amount for the relevant service, the client acquires non-exclusive usage rights, which are not time-limited, to use and exploit the translated documents for purposes limited to those stated in the order confirmation.

16Offsetting, the right to retention, and transfer
The client may only offset against counterclaims where these have been established as having legal force or are undisputed. The right to retention may only be claimed where it relates to the same matter. The client’s rights which arise from the present contractual relationship may not be transferred without our prior written permission.

17The consumer’s right to cancel
As a consumer, the client has a right to cancel. This applies in accordance with our Consumer Cancellation Policy.

18Venue and jurisdiction
18.1German law applies to this Portal. This choice of jurisdiction will only apply to consumers where this does not remove any protection granted by imperative provisions in the law of the consumer’s country of habitual residence (the ‘most favourable jurisdiction’ principle).
18.2We hereby explicitly state that the provisions of the UN Sales Convention do not apply.
18.3Where the client is a merchant, a legal person under public law or a special fund under public law, then the venue for any disputes between the client and Silabot arising from their contractual relationships will be Silabot’s head office. However, we reserve the right to bring claims under the client's place of general jurisdiction (allgemeiner Gerichtsstand).

19Final provisions/dispute resolution
19.1We hereby revoke all our earlier General Terms.
19.2Silabot reserves the right to change the present General Terms at any time with effect from that time forwards, provided there are reasonable grounds for this. Reasonable grounds include in particular us expanding/changing our service offering or a change occurring in the legal position. Silabot will inform the client of any change well in advance and provide them with an appropriate period in which to reject this change. If the client does not reject it within this period, they will be deemed to have approved it. Silabot will make particular reference in its notification of the planned change to the significance of this cancellation period.
19.3Any changes, additions or additional agreements in relation to the present General Terms and/or the contracts concluded separately must be made in writing and, where commitments are made to third parties, will also require our authorisation/permission.
19.4Any changes to or removal of this requirement for the written form must also be made in writing.
19.5The European Commission has made available a platform for extrajudicial online dispute resolution, which can be consulted at https://ec.europa.eu/odr. We are not obliged or prepared to take part in a dispute resolution process before a consumer arbitration board.

General Terms of Use and Business(As of May 2024)

General Terms of Use and Business
(As of May 2024)