1. Scope of Application and Contractual Framework

 

1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") govern the contractual relationship between Agnieszka Birsak, MA (hereinafter referred to as the "Service Provider"), and her clients (hereinafter referred to as the "Clients") in connection with translation, interpreting, editing, proofreading and related services provided under privately concluded contracts.

1.2. These GTC shall apply provided that they have been made available to the Clients before the conclusion of the contract and have been validly incorporated into the respective contract.

1.3. Individually agreed contractual terms shall take precedence over these GTC. Mandatory statutory provisions, particularly those relating to consumer protection, shall remain unaffected.

1.4. Where the Service Provider is appointed directly by a court or public authority, the performance of services and the calculation of fees shall be governed by the applicable statutory and procedural provisions. In such cases, these GTC shall apply only to the extent that their application is legally permissible and has been expressly agreed.

1.5. The relevant provisions of ÖNORM EN ISO 17100 and ÖNORM D 1201, in their respectively applicable versions, may be used as professional guidance. Specific requirements under these standards, certifications or additional review services shall become contractually binding only to the extent expressly agreed.

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2. Quotations, Acceptance of Assignments and Scope of Services

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2.1. Quotations shall be prepared on the basis of the information and documents provided by the Clients.

2.2. A contract shall be concluded upon acceptance of a quotation or through any other corresponding declarations of intent by the contracting parties. Acceptance may be communicated in particular in writing or by email.

2.3. The scope of the services to be provided shall be determined by the respective agreement. Services may include, in particular, translations, certified translations, interpreting services, editing, proofreading, reviews of translations produced by third parties and separately agreed additional services.

2.4. Additional services that have not been expressly agreed, including special formatting, layout design, extensive editorial revisions, subsequent amendments to the source text, additional certified copies or other copies, and special technical processing, shall not automatically be included in the agreed fee.

2.5. Clients shall inform the Service Provider of the intended purpose of the service before placing an order. This applies in particular where a translation is intended for submission to courts, public authorities, educational institutions or other official bodies, for publication or for any other special purpose.

2.6. If a certified translation is required, this must be communicated before the assignment is placed. Acceptance of a translation by a particular authority or other body shall depend on the requirements applicable to that authority or body. The Service Provider shall provide information about any special requirements known to her but shall not guarantee decisions made by third parties that are beyond her control.

2.7. Any changes to the agreed scope of an assignment shall require a separate agreement. Such changes may result in adjustments to the fee and the delivery deadline.

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3. Clients' Duties to Cooperate

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3.1. Clients shall provide all documents and information necessary for the proper performance of the assignment in a timely manner and as completely as reasonably possible.

Depending on the nature of the assignment, these may include in particular:

• complete and clearly legible source documents;

• information concerning the intended purpose of the service;

• relevant specialist terminology and style guidelines;

• existing reference texts and previous translations;

• information concerning the spelling of personal names and other proper names;

• explanations of difficult-to-understand passages, abbreviations and specialist terms;

• for interpreting assignments, information concerning the subject matter, schedule and location of the assignment.

3.2. Clients shall, as a general rule, be responsible for the factual accuracy and completeness of the source materials provided.

3.3. The Service Provider shall be entitled to request clarification where source texts are unclear, contradictory or manifestly incorrect and to draw attention to any apparent inconsistencies.

3.4. Where the necessary information cannot be provided in due time, the resulting implications for the scope of services and the completion deadline shall be assessed on a case-by-case basis.

3.5. Changes to documents already submitted after work has commenced may require additional work. Such work shall be charged separately, subject to prior agreement.

3.6. Clients shall ensure that they are entitled to submit the source documents and commission their processing and that any applicable third-party rights are respected.

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4. Performance and Quality of Services

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4.1. The Service Provider undertakes to perform accepted assignments professionally, diligently, to the best of her knowledge and ability, and in accordance with the agreed scope of services.

4.2. Translations shall be prepared taking into account the source text, its linguistic and subject-matter context, and the agreed intended purpose of the translation.

4.3. Certified translations shall additionally comply with the applicable statutory and professional requirements.

4.4. Where source texts are difficult to read, incomplete, contradictory or ambiguous, these circumstances may be appropriately indicated in the translation. No substantive additions or factual corrections shall be made without an appropriate basis.

4.5. Numbers, units of measurement, currencies, personal names and other details shall generally be reproduced as they appear in the source text, unless a different approach is professionally required or has been expressly agreed.

4.6. Currency conversions, conversions of units of measurement, legal examination of the source text or independent substantive assessments shall form part of the contractual services only where expressly agreed.

4.7. The Service Provider shall be entitled to use appropriate professional tools, terminology databases, electronic dictionaries, translation software and digital or AI-assisted applications whose use complies with applicable data protection legislation. Further details are set out in Section 5.

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5. Use of Artificial Intelligence and Computer-Assisted Systems

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5.1. General Provisions

To support the provision of the contractually agreed services, the Service Provider may use artificial intelligence (AI), machine translation systems, computer-assisted translation (CAT) tools, terminology databases and other digital tools.

Such tools may be used in particular for research, terminology management, linguistic analysis, the development of suggested wording, error detection, quality assurance and the efficient processing of assignments.

5.2. Transparency and Acknowledgement

Clients are informed through these GTC and the Privacy Policy that such tools may be used.

By validly agreeing to the incorporation of these GTC into the contract, Clients acknowledge that the Service Provider may use digital and AI-assisted tools within the limits of applicable law and the agreed scope of services.

This acknowledgement does not constitute blanket consent under data protection law to the disclosure or other processing of all personal data contained in assignment materials by external AI service providers.

5.3. Confidentiality and Data Protection

The use of AI-assisted applications shall be subject to applicable data protection legislation and statutory, professional and contractual confidentiality obligations.

Information that does not contain personal data, as well as information that has been genuinely anonymised, may be processed using AI systems as part of legally permissible workflows.

Personal data or confidential assignment content shall be disclosed to external AI providers only where such disclosure is legally permissible and the necessary security measures and contractual requirements are in place.

Where separate consent is required for a particular processing activity, such consent shall be obtained in advance. This applies in particular to the processing of special categories of personal data, unless another statutory exception applies.

Where documents contain third-party personal data or data relating to criminal convictions and offences, the specific legal requirements applicable to such data shall also be observed.

5.4. No Unauthorised Further Use of Client Data

Confidential assignment documents and personal data shall not be made available, without appropriate authorisation, for the general training, further development or other independent training of external AI models.

When selecting and configuring the systems used, the Service Provider shall take into account the necessary confidentiality requirements and the need to ensure an appropriate level of protection for assignment data.

5.5. Professional Review

AI-assisted systems shall be used solely as supporting tools.

The Service Provider shall remain responsible for the professional and proper performance of the contractually agreed services. The use of AI systems shall not limit any statutory warranty rights or claims for damages.

5.6. Particularly Sensitive or Highly Confidential Documents

Additional technical, organisational or contractual safeguards may be agreed for documents subject to special confidentiality requirements.

Where processing by external AI systems is not legally permissible or adequate safeguards cannot be ensured, such processing shall not take place.

5.7. Special Arrangements

Before concluding a contract, Clients may specify particular requirements concerning the use of digital tools, especially where a particular method of processing is desired or the use of certain systems is to be excluded.

Whether and under what conditions such requirements can be met shall be determined as part of the arrangements for the assignment. Any resulting additional costs or changes to processing deadlines must be agreed separately.

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6. Engagement of Additional Professionals

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6.1. To the extent permitted by law and the contract, the Service Provider may engage suitably qualified language service providers or other professionals to perform individual tasks.

6.2. In doing so, the required professional qualifications, applicable data protection requirements and confidentiality obligations shall be taken into account.

6.3. Where personal performance has been agreed or is required by law, the assignment shall not be delegated in an impermissible manner.

6.4. In the case of direct appointments by courts or public authorities, the applicable special provisions shall apply.

6.5. The Service Provider shall remain responsible for the proper performance of the services undertaken within the respective contractual relationship.

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7. Fees, Cost Estimates and Additional Services

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7.1. Fees shall be determined by the respective agreement. Unless otherwise agreed, fees shall be calculated on the basis specified in the quotation for the service concerned, including, in particular, standard lines, standard pages, word counts, time spent or a fixed fee.

7.2. Where fees are calculated by standard line or standard page, the specific unit of calculation set out in the quotation shall apply. Where expressly agreed, a standard line may consist of 55 characters, including spaces, and a standard page may consist of 25 standard lines.

7.3. Consumer Clients shall be informed of the total price payable, including applicable taxes and any other foreseeable costs. For business Clients, prices may be presented in accordance with the applicable statutory provisions.

7.4. Written cost estimates shall be binding or non-binding in accordance with their terms and the applicable statutory provisions. The statutory requirements governing cost estimates shall apply in particular to consumer Clients.

7.5. If it becomes apparent that the agreed cost estimate is likely to be materially exceeded, Clients shall be informed without undue delay. Additional fees shall be charged only in accordance with applicable law and the agreements reached between the parties.

7.6. Express services, work performed on weekends or public holidays, and special additional services may be charged separately, provided that the relevant surcharges have been agreed in advance.

7.7. The Service Provider shall be entitled to request a reasonable advance payment, provided that this has been agreed before the conclusion of the contract.

7.8. The Service Provider shall be entitled to remuneration for services already performed and for separately agreed changes to an assignment in accordance with the applicable statutory provisions.

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8. Delivery Deadlines, Delivery and Retention of Documents

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8.1. Compliance with agreed delivery deadlines is conditional upon the timely receipt of all required documents and information in complete form.

8.2. Delays caused by late submission of documents or subsequent changes to an assignment may necessitate a corresponding adjustment to the delivery deadline. Clients shall be informed accordingly.

8.3. A transaction in which timely performance is essential (Fixgeschäft) shall exist only where a specific delivery deadline has been expressly agreed to be an essential term of the contract or where its essential nature follows from the circumstances.

8.4. Translations shall generally be delivered in the agreed format, in particular electronically by email or in paper form. Certified translations shall be issued in the agreed form, provided that it complies with the applicable legal requirements.

8.5. Special shipping arrangements and secure electronic transmission methods may be agreed separately.

8.6. The Service Provider shall take appropriate precautions to protect the documents entrusted to her.

8.7. Original paper documents shall be returned or made available for collection in accordance with the arrangements agreed between the parties.

8.8. Unless otherwise agreed, documents that have not been collected shall generally be retained for at least four weeks following completion of the assignment. Any subsequent return, continued storage or destruction shall be carried out with due regard to statutory obligations and the legitimate interests of the Clients. Original documents shall not be destroyed without an adequate legal basis.

8.9. The principles set out in the Privacy Policy shall apply to the storage and deletion of electronic assignment files.

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9. Payment Terms and Late Payment

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9.1. Unless otherwise agreed, the agreed fee shall become due and payable, without deductions, upon performance or availability of the service and issuance of the invoice.

9.2. Agreed advance payments or instalments shall be paid by the respective agreed due dates.

9.3. Statutory default interest shall apply in the event of late payment.

For consumer Clients, the statutory default interest rate shall generally be 4% per annum.

In business-to-business transactions, where the debtor is responsible for the late payment, the statutory default interest rate pursuant to Section 456 of the Austrian Business Code [Unternehmensgesetzbuch – UGB] shall generally be 9.2 percentage points above the applicable base interest rate. Statutory exceptions shall remain unaffected.

9.4. Reasonable and necessary costs of appropriate debt recovery measures may be claimed in accordance with the applicable statutory provisions.

9.5. In the event of outstanding payments, the Service Provider may make the performance of further assignments that have not yet commenced conditional upon settlement of overdue amounts or payment of an appropriate advance, insofar as this is legally permissible.

9.6. Statutory rights of retention, warranty rights and rights of set-off shall remain unaffected.

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10. Special Provisions for Interpreting Assignments

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10.1. Interpreting assignments shall be accepted on the basis of the agreed duration, location, type of interpreting and preparation required.

10.2. Clients shall provide all information essential for preparation in due time, including, in particular, the subject matter of the event, the persons involved, relevant specialist terminology and the planned schedule.

10.3. Where half-day or full-day rates have been agreed, the time periods and billing units specified in the quotation shall apply.

Unless otherwise agreed, a half-day rate may cover attendance of up to four hours, while a full-day rate may cover attendance of up to eight hours.

10.4. Additional interpreting time, waiting time, travel time or other services associated with the assignment shall be charged in accordance with the arrangements agreed in advance.

10.5. Unless otherwise agreed, Clients or event organisers shall be responsible for ensuring the technical and organisational conditions necessary for the agreed type of interpreting.

10.6. Interpreting services are generally intended for immediate reception by persons attending in person or participating remotely.

10.7. Audio or video recordings, live broadcasts, publications or any other use of the interpreting services beyond the agreed purpose shall require a separate prior agreement where legally permissible and necessary. The rights of other persons involved and any requirements to obtain their consent shall remain unaffected.

10.8. Travel expenses, accommodation expenses and other necessary costs shall be charged in accordance with the agreed arrangements.

10.9. If the performance of an interpreting assignment is adversely affected by circumstances beyond the Service Provider's control, the contracting parties shall endeavour to find an appropriate solution, taking into account their statutory and contractual rights.

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11. Cancellation of Assignments and Withdrawal from Contracts

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11.1. General Provisions

The cancellation or early termination of an assignment that has already been accepted shall be governed by the agreements reached between the parties and the applicable statutory provisions.

Services already performed, expenses saved and opportunities for alternative earnings shall be taken into account in accordance with the statutory provisions.

11.2. Translation, Editing and Proofreading Assignments

Where an assignment is cancelled before it has been fully completed, entitlement to remuneration shall be determined by the extent of the services already performed, the circumstances surrounding termination of the contract and the applicable statutory provisions.

Mandatory statutory withdrawal rights of consumer Clients shall remain unaffected.

11.3. Interpreting Assignments Between Businesses

For privately contracted interpreting assignments between businesses, the following cancellation charges may apply, provided they have been expressly agreed:

• Cancellation at least 28 calendar days before the agreed start of the assignment: 30% of the agreed fee;

• Cancellation between 14 and 27 calendar days before the agreed start of the assignment: 50% of the agreed fee;

• Cancellation fewer than 14 calendar days before the agreed start of the assignment: 100% of the agreed fee.

Expenses saved and income obtained through alternative use of the time released by the cancellation shall be taken into account. Clients shall remain entitled to demonstrate that the actual loss incurred was lower.

In addition, third-party costs agreed in connection with the assignment that have already been incurred and can no longer be avoided may be charged in accordance with the applicable statutory provisions.

11.4. Consumer Contracts

In contracts with consumers, mandatory statutory withdrawal rights and other consumer protection provisions shall take precedence.

Where no statutory right of withdrawal without charge applies, the termination of a contract on other grounds may give rise to claims for remuneration under the general statutory provisions. Expenses saved and opportunities for alternative earnings shall be taken into account as appropriate.

11.5. Distance Contracts

In the case of consumer contracts concluded at a distance or away from business premises, the statutory withdrawal provisions of the Austrian Distance and Off-Premises Contracts Act [Fern- und Auswärtsgeschäfte-Gesetz – FAGG] shall apply in particular.

Further information is provided in Section 16 of these GTC and in the separate information on the statutory right of withdrawal.

12. Statutory Warranty and Liability for Damages

12.1. The Service Provider shall perform the contractually agreed services with the required degree of professional care.

12.2. If defects are identified, Clients are requested to report them as promptly and clearly as possible to allow them to be reviewed and, where appropriate, remedied.

12.3. This request shall not affect statutory warranty rights. In particular, failure by consumer Clients to report defects immediately shall not result in the loss of rights granted to them under mandatory statutory provisions.

12.4. Where provided for by law, the defective service may or must first be remedied.

12.5. Any further statutory warranty remedies, including a reduction in the fee or termination of the contract, shall be governed by the applicable statutory provisions.

12.6. Where defects arise from incomplete, incorrect or difficult-to-read source texts, the extent to which such defects may be attributed to the Service Provider shall be assessed on a case-by-case basis.

12.7. Claims for damages shall be governed by the applicable statutory provisions. Liability for intentional misconduct, gross negligence or personal injury, as well as any other claims that cannot lawfully be excluded, shall not be excluded.

12.8. Where services are intended for publication, Clients shall communicate any special requirements and the intended purpose of the text in due time. Separate print approvals, proof corrections and subsequent amendments to the text shall require corresponding agreements.

12.9. Use of a translation for a purpose other than that agreed may affect the assessment of contractual claims. Mandatory statutory rights shall remain unaffected.

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13. Copyright and Rights of Use

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13.1. Rights in source texts provided by Clients shall remain with their respective rights holders.

13.2. To the extent that a translation or other service is protected by copyright, copyright shall remain with the respective author.

13.3. Upon full payment of the agreed fee, Clients shall acquire the rights of use necessary for the agreed purpose, unless expressly agreed otherwise.

13.4. General terminology collections, working methods, templates and other independent working materials developed by the Service Provider shall not generally form part of an assignment unless their delivery has been expressly agreed.

13.5. Personal data or confidential information may be used in the creation and subsequent use of such working materials only in accordance with the applicable data protection legislation and contractual provisions.

13.6. Where the results of the Service Provider's work are shared or published under her name after substantial modifications, this must not create the false impression that the modified version is her original, unaltered work.

 

14. Confidentiality and Data Protection

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14.1. The Service Provider undertakes to handle confidential information obtained in the course of her professional activities in accordance with applicable statutory and contractual confidentiality obligations.

14.2. This applies in particular to personal data, confidential business documents, court records and documents, medical records and other information requiring protection.

14.3. Persons engaged in the lawful performance of assignments shall be bound by confidentiality obligations to the extent required.

14.4. Confidential assignment information shall be disclosed only where an appropriate legal basis exists and no conflicting statutory or contractual confidentiality obligations apply.

14.5. Personal data shall be processed in accordance with applicable data protection legislation. Further information is provided in the Privacy Policy published on the Service Provider's website.

14.6. Confidentiality obligations shall generally continue to apply after the termination of the contractual relationship, to the extent provided for by law or contract.

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15. Force Majeure and Other Impediments to Performance

 

15.1. Events of force majeure that prevent or materially impair the proper performance of agreed services shall be reported by the affected contracting party to the other party without undue delay, insofar as reasonably possible.

15.2. Force majeure may include, in particular, unforeseeable and unavoidable events such as natural disasters, acts of war, significant measures imposed by public authorities or comparable extraordinary circumstances.

15.3. The contracting parties shall, where possible, seek an appropriate adjustment to the period for performance or another mutually agreed solution.

15.4. The effects of such circumstances on existing performance obligations, claims for remuneration and any rights of withdrawal shall be governed by the applicable statutory provisions.

 

16. Consumers' Right of Withdrawal from Distance Contracts

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16.1. Withdrawal Period

In the case of distance contracts and contracts concluded away from business premises, consumers shall, unless a statutory exception applies, have the right to withdraw from the contract within 14 days without giving any reason.

For service contracts, the withdrawal period shall generally begin on the date on which the contract is concluded.

16.2. Exercising the Right of Withdrawal

To exercise the right of withdrawal, a clear statement of the decision to withdraw from the contract must be sent to the following contact details:

Agnieszka Birsak, MA
Riglergasse 5/10
1180 Wien
Austria

Email: birsaktranslations@gmail.com

16.3. Effects of Withdrawal

In the event of a valid withdrawal, payments received shall be refunded in accordance with the applicable statutory provisions, generally no later than 14 days after receipt of the withdrawal notice.

Refunds shall generally be made using the same payment method as was used for the original transaction, unless otherwise agreed.

16.4. Commencement of Services During the Withdrawal Period

If work is to commence before the statutory withdrawal period has expired, consumer Clients shall be asked to make an appropriate express declaration and to provide the legally required acknowledgement that they are aware of the consequences.

If a consumer validly withdraws after making such a request, a proportionate fee may be payable for services duly performed up to the time of withdrawal, provided that the statutory requirements, including the applicable information obligations, have been met.

16.5. Expiry of the Right of Withdrawal

Where services have been fully performed, the right of withdrawal may expire before the end of the statutory withdrawal period if the conditions prescribed by law have been met.

This applies in particular where the consumer has expressly consented in advance to performance commencing before the expiry of the withdrawal period and has duly acknowledged that the right of withdrawal may be lost once the services have been fully performed.

16.6. Mandatory Statutory Provisions

Mandatory statutory provisions and any special rules applicable to other types of contract shall remain unaffected.

 

17. Final Provisions

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17.1. Austrian law shall apply, subject to mandatory statutory provisions, particularly mandatory consumer protection legislation and any applicable rules of international law.

17.2. For disputes arising from contracts with business Clients, jurisdiction shall be conferred, to the extent legally permissible, on the court in Vienna having subject-matter jurisdiction.

17.3. For contracts with consumer Clients, the statutory rules on jurisdiction shall apply.

17.4. The contractual language shall be German unless another contractual language has been expressly agreed.

17.5. Individual agreements and amendments to contracts may also be made by email, provided that no statutory formal requirements prevent this.

17.6. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected, provided that they can continue to operate independently from a legal and economic perspective. Invalid provisions shall be replaced by the applicable statutory provisions.