1. Scope of application
These General Terms and Conditions (GTC) apply to all contracts between executive english (hereinafter “ee”) and its clients concerning translation, copywriting and interpreting services, unless otherwise expressly agreed.
By placing an order, the client accepts these GTC as binding.
Any conflicting or deviating terms and conditions of the client shall only become part of the contract if executive english has expressly agreed to them in writing.
2. Types of services
2.1 Written Translation
Written translation refers to the transfer of a source text into another language (target language). The source text may be provided electronically, in paper form, or within a system.
The translation is carried out taking into account:
the content and meaning of the source text
the style and function of the text
terminology and target audience
insofar as this is linguistically and professionally appropriate.
2.2 Copywriting and Text Work
Copywriting includes the creation, revision, or adaptation of texts for communication, marketing, or informational purposes.
The specific scope of services is defined in the respective offer.
2.3 Interpreting
Interpreting refers to the oral transfer of spoken content from one language into another in real time or near real time.
A distinction is made between two main forms:
Simultaneous interpreting
The almost simultaneous transfer of spoken content while the speaker continues speaking.
Consecutive interpreting
The transfer of spoken content after a segment of speech has been completed.
nterpreting services serve immediate communication between participants of different language groups and are generally provided without written documentation of the interpreted content.
3. Conclusion of contract
Inquiries may be made by telephone, in writing, by email, or via the executive english website.
As a rule, the client receives an individual offer.
The contract is concluded once the client confirms this offer.
Offers from executive english are generally non-binding unless expressly marked as binding.
executive english reserves the right to reject orders, in particular if:
• the content is unlawful
• the content violates legal provisions or public morals
• necessary information is not provided in time
• the assignment cannot be carried out responsibly from a professional standpoint
4. Client obligations to cooperate
The client shall provide all information and documents required for the execution of the assignment in full and in a timely manner.
This may include in particular:
- glossaries
- terminology lists
- background information
- presentations or manuscripts
- reference materials
For interpreting assignments, preparatory materials must be provided as early as possible, but no later than 7 days before the event begins.
The client is responsible for:
- the legal admissibility of the submitted content
- the factual accuracy of the source texts
- the necessary usage rights for submitted materials
5. Execution of the assignment
- 1. All services are performed in accordance with professional standards and to the best of knowledge and belief.
- Technical terminology is used according to generally accepted linguistic standards, unless there are specific customer requirements.
- executive english is entitled to engage qualified freelancers or subcontractors.
6. Defects and remedy
The client must inspect the service immediately upon receipt.
Obvious defects must be reported in writing no later than 14 days after delivery.
In the event of justified complaints, executive english shall first be given the opportunity to remedy the defect.
Stylistic preferences or minor linguistic deviations do not constitute defects.
7. Liability
executive english shall be liable for damages only in cases of intent or gross negligence.
In the event of a breach of essential contractual obligations, executive english shall also be liable for slight negligence, but only for foreseeable, typical damages.
Liability is limited to the net value of the respective individual order.
This limitation does not apply to damages resulting from injury to life, body or health.
8. Confidentiality
executive english undertakes to treat all information received in connection with an assignment as confidential.
This obligation also applies to:
- Employees
- Freelancers
- Subcontractors
9. Remuneration
Remuneration is generally based on the respective offer.
Translations are usually charged based on the word count of the source text.
Interpreting services are charged on an hourly, half-day or full-day basis, or as individually agreed.
Additional services such as revision, proofreading, subject-matter review or LQA are charged separately.
Invoices are payable within 14 days from the invoice date without deduction.
10. Use of AI-supported translation systems
executive english may use supporting technologies in the translation process, in particular Smartcat AI or comparable systems.
Machine Translation Post-Editing (MTPE) may be used, whereby a machine translation is reviewed and revised by qualified linguists.
This involves a machine translation being reviewed and revised by qualified language experts.
Further information on data processing can be found in the Privacy Policy.
11. Protection of client data in AI systems
- Content, documents, or data provided by the client will not be used to train proprietary AI models or large language models.
- When using external platforms or AI-based systems (e.g. Smartcat AI), content may be used within the platform to improve the project-specific working environment (e.g. translation memory).
- According to the providers, client data is not used to train general or cross-organizational AI models. Applicable privacy policies apply.
12. Protection of content and AI training by the client
Translations and other deliverables may not be used for training AI systems without explicit consent.
2. This applies in particular to the use of translations for building or training the client’s own AI systems.
13. Copyright and usage rights
Translations and texts may only be used after full payment.
Copyright remains with executive english or the respective authors, as far as legally permissible.
Interpreting services are intended solely for immediate use during the event.
Recordings or publications require prior consent.
14. References
Clients may only be named as references with their prior explicit consent.
15. Termination and Cancellation
The client may cancel an order before work begins.
Cancellation fees may apply:
up to 14 days: 25%
14–7 days: 50%
less than 7 days: 100%
Services already performed will be charged in full.
16. Governing law
Die Dienstleistungen von executive english unterliegt dem Recht von England und Wales, soweit zwingende gesetzliche Vorschriften nichts anderes bestimmen.
Die Parteien verpflichten sich, Streitigkeiten zunächst einvernehmlich zu lösen.
Kann keine Einigung erzielt werden, wird die Streitigkeit durch Schiedsverfahren in London nach den Regeln des London Court of International Arbitration (LCIA) entschieden.
Das Schiedsurteil ist endgültig und bindend.
Diese Klausel stellt eine ausschließliche Gerichtsstandsvereinbarung im Sinne des Haager Übereinkommens über Gerichtsstandsvereinbarungen von 2005 dar.
17. Dispute resolution
Disputes shall first be resolved amicably.
If not possible, disputes shall be settled by arbitration in London under LCIA rules.
The award is final and binding.
Anstelle der unwirksamen Bestimmung tritt die gesetzliche Regelung.
Additional terms for interpreting services
Quality standards and working conditions for interpreting services
The following quality standards and working conditions for interpreting services are largely based on the recommendations of the International Association of Conference Interpreters (AIIC). They are in the interest of the client: they guarantee optimal interpreting performance and contribute positively to the success of your entire conference.
1. Before the conference
The client shall provide the interpreters with a complete set of documents for subject-matter and terminological preparation as early as possible, but no later than 7 (seven) days before the start of the conference.
Programme
Agenda
List of participants
Short biographies of speakers
Speech manuscripts
Minutes in the previous meeting
Information about the company
Presentations
If a text is to be read aloud during the conference, the interpreter must receive a copy in advance. The client shall instruct the speaker to read at a moderate pace.
If films are shown during the session, the soundtrack can only beinterpreted if:
the script has been provided to the interpreters inadvance
the commentary is spoken at normal speed
the audiois transmitted directly to the interpreters’ headsets.
2. Technical requirements
The requirements for fixed and mobile booths and simultaneous interpreting systems are defined in:
DIN 56 924 Part 1 und 2
ISO standards 2603 and ISO 4043
IEC 914
If these standards are not met, if the quality of the booths and technical equipment does not allow for satisfactory performance, or if the interpreters’ health is at risk, the interpreting team is entitled to refuse simultaneous interpreting until the deficiencies have been remedied.
The use of television monitors either to improve direct visibility of the speaker and conference room or, in exceptional cases, as a substitute for direct visibility is only permitted with the prior consent of the interpreters concerned.
In the case of teleconferences (video conferences, etc., where the use of a video screen or monitor is required), the requirements of DIN 56 924 Part 1 (or ISO standard 2603) must be strictly observed, in particular Article 7.1 concerning sound quality.
In the case of ISDN transmission, the full frequency range of 125 to 12,500 Hz must be available.
3. Working time
The interpreter’s daily working time is generally:
3 hours in the morning
3 hours in the evening
With a 1.5 hour break.
If this working time is expected to be exceeded, the interpreting team must be increased before the start of the conference to ensure consistently high quality.
4. Substitute interpreter in case of illness
In the event of illness of the scheduled interpreter(s), Quantumcat GmbH & Co. KG will attempt to provide a replacement interpreter at short notice.
However, a replacement interpreter cannot be guaranteed.
5. Services and confidentiality
The interpreter’s work consists of interpreting spoken content; written translations are not part of their duties.
Interpreters perform their work to the best of their knowledge and belief and reject any influence by third parties.
The internal allocation of work is determined by the interpreters themselves.
Interpreters are subject to strict professional confidentiality. This obligation continues to apply even after termination of the contractual relationship.
6. Purpose and copyright
The product of interpreting services is intended exclusively for immediate listening.
Recording by listeners or other persons and any transmission are not permitted without the prior consent of the interpreters.
The interpreters retain copyright in their performance.
If interpreting output is recorded, transmitted (e.g. television, radio, or streaming), or otherwise used, an additional fee must be agreed separately.
7. Fees and expenses
The daily fee includes:
thorough and time-consuming preparation prior to the event
on-site working time
In the event of cancellation, 100% of the agreed fee will be charged.
Fees as well as daily allowances and accommodation expenses shall be agreed by mutual consent.
Travel arrangements must be organised in such a way that they do not impair the interpreter’s health or the quality of their performance following the journey.
Unless otherwise agreed, invoices are payable within 14 days from the invoice date by bank transfer.
8. Cancellation policy
Cancellation of the assignment by the client must be made in text form.
In the event of cancellation, the following cancellation fees shall apply:
up to 30 calendar days before the start of the event: 25% of the agreed fee
up to 14 calendar days before the start of the event: 50% of the agreed fee
less than 14 calendar days before the start of the event: 100% of the agreed fee
Travel and accommodation costs already incurred, as well as other verifiable expenses, must be reimbursed in full by the client regardless of the time of cancellation, provided these can no longer be cancelled free of charge.
If an event is postponed, this shall generally be treated as a cancellation followed by a new assignment, unless otherwise agreed.
9. Interpreting services for remote or hybrid events
If interpreting services are provided as part of remote or hybrid events (e.g. via video conferencing platforms), the client must ensure that the technical requirements for professional delivery are met.
In particular, the following conditions must be ensured:
a stable internet connection with sufficient bandwidth
high-quality audio transmission without delays or interference
the use of suitable microphones by all speakers
the ability to clearly identify speakers
access to all relevant presentations or materials
The client shall ensure that interpreters have access to the relevant platform before the event begins and that a technical test or sound check can be carried out.
If technical issues arise during the event that are beyond the interpreters’ control, no liability can be accepted for any resulting reduction in quality or interruption of interpreting services.
Remote interpreting services are generally charged at the same rates as on-site events unless otherwise agreed.