1. Scope
1.1 These General Terms and Conditions (GTCs) shall apply to all training and services provided by James Dowling, of Katharinenweg 21, 89165 Dietenheim, Germany, trading as „The Business Language Company“ (hereinafter referred to as „BLC“), to the Customer as specified in individual contracts.
1.2 These GTCs and the provisions of an individual order shall become binding upon the Customer’s acceptance of a written quotation.
1.3 In the event of a contradiction between these GTCs and the provisions of an individual order, the provisions of the individual order shall prevail.
2. Training
2.1 Definition
Training is defined as actions carried out or commissioned by BLC aimed at improving the communicative and linguistic proficiency of persons designated by the Customer, including but not limited to classes, seminars, workshops, and coaching sessions.
2.2 Duration
2.2.1 The standard unit of teaching (Unterrichtseinheit, UE) is 45 minutes.
2.2.2 Most training sessions are conducted as 90-minute classes, which are equivalent to 2 UEs. A course comprising ten 90-minute classes will therefore be considered a 20-UE course.
2.2.3 Upon request, BLC can provide 60-minute classes. These sessions are calculated based on the standard price-per-UE, with each 60-minute class considered equivalent to 1.33 UEs.
2.2.4 Breaks are structured as follows:
For sessions up to 60 minutes, a 5-minute break is included.
For sessions longer than 60 minutes, a 10-minute break is included.
2.2.5 The break is intended to be taken at the end of each class rather than in the middle. This allows the teacher a short break before starting the next session, especially when classes are scheduled back-to-back.
2.3 Location and Schedule
Training shall take place in suitably equipped rooms provided by the Customer or on an online platform agreed upon in advance, following a predefined training schedule, which shall form a binding part of the agreement.
2.4 Trainers
Training shall be carried out by one or more trainers assigned by BLC. BLC reserves the right to replace an assigned trainer temporarily or permanently.
2.5 Communication and Non-Solicitation
The Customer shall not communicate directly with trainers working on behalf of BLC for purposes other than the fulfillment of this agreement and shall not enter into any separate agreements with any BLC trainer for a period of two years following the expiry of this agreement.
2.6 Access and Participation
The Customer shall take all necessary steps to ensure unhindered access by the appointed trainer(s) to the designated physical or virtual training areas and ensure that all training participants are informed of the time and location of their sessions.
2.7 Participant Information
The Customer shall provide BLC with the names and contact details of the designated training participants no later than one week before the start of training. Participation shall be limited to these named individuals.
2.8 Rescheduling and Cancellations
2.8.1 Training sessions may only be rescheduled at BLC’s discretion.
2.8.2 Training sessions that are unattended by participants or canceled by the Customer with less than 24 hours‘ notice shall be forfeited and will be billed to the Customer as if they had taken place.
2.8.3 The Customer shall be liable for payment for any forfeited classes in accordance with the agreed pricing, and such classes will not be rescheduled or refunded.
3. Text Services
3.1 Definition
Text services provided by BLC include translation, proofreading, and copywriting. Each service involves distinct tasks as described below.
3.1.1 Translation
Translation is defined as the conversion of text provided by the Customer (source documents) into one or more different languages, following the principles of proper professional practice and with minimal orthographic or grammatical errors.
3.1.2 Proofreading
Proofreading involves the correction and optimization of text provided by the Customer, focusing on grammar, spelling, punctuation, and overall clarity. BLC will ensure that the text is free from errors and adheres to standard language conventions. The Customer is responsible for the accuracy of the content, and BLC will not be liable for errors in factual information or interpretation unless such errors are due to BLC’s negligence.
3.1.3 Copywriting
Copywriting involves the creative production of new text according to the Customer’s specifications. BLC will produce original content tailored to the Customer’s needs, whether for marketing, advertising, or other purposes. The Customer must provide clear instructions and context to guide the creative process. BLC retains intellectual property rights in the copywriting until full payment is received.
3.2 Terminology and Instructions
For all text services, BLC shall use conventional language and terminology that is generally understandable, unless terminology lists or other special instructions are provided by the Customer before the quotation. Additional charges may apply if special instructions, terminology lists, or additional source documents are supplied after acceptance of the quotation.
3.3 Legal Compliance
By submitting source documents or requesting text services, the Customer declares they are legally permitted to order such services and authorizes BLC to transmit the documents to its agents and third parties for order fulfillment.
3.4 Delivery and Acceptance
BLC shall provide non-binding estimates for lead times and delivery dates. Completed texts will be delivered electronically, and the Customer must notify BLC of any necessary changes within 14 days of receipt. If no feedback is provided within 14 days, the text shall be deemed accepted.
3.5 Liability and Corrections
BLC shall not be required to correct defects resulting from incomplete, inaccurate, or ambiguous source documents, or inadequate instructions. All rights and copyrights in the final text (whether translated, proofread, or copywritten) shall transfer to the Customer upon acceptance and full payment of the respective invoice.
3.6 Limitations
Texts provided by BLC, including translations and copywriting, are for informative purposes only and shall not be considered or presented as ‚official,‘ ‚certified,‘ or ‚legal‘ documents unless explicitly stated and agreed upon.
4. Pricing & Payment
4.1 Pricing
Prices are agreed upon on a per-order basis and are not considered permanently agreed rates.
4.2 Invoices
Invoices for text services shall be issued upon delivery of the completed work. Invoices for training shall be issued at the end of each calendar month for the training provided during that month.
4.3 Payment Terms
Invoices are payable within 30 days by electronic bank transfer.
4.4 Termination for Nonpayment
BLC reserves the right to terminate an order without refund in cases of nonpayment of invoices or repeated unexplained absences of training participants, provided the Customer has been appropriately notified and given a reasonable opportunity to remedy the situation.
5. Confidentiality
5.1 Confidential Information
Both parties agree to strict confidentiality regarding contract content, pricing, and provided training materials. „Confidential Information“ includes all information or material with commercial value or utility in the Customer’s business.
5.2 Exclusions
Confidential Information does not include information that is (a) publicly known at the time of disclosure, (b) discovered by BLC before disclosure by the Customer, (c) learned by BLC through legitimate means other than from the Customer, or (d) disclosed by BLC with the Customer’s written approval.
5.3 Translation Memories
BLC may create electronic translation memories during the preparation of translations, and any rights arising from these shall vest in BLC.
5.4 Obligations
BLC shall maintain Confidential Information in strict confidence, limiting access to employees, contractors, and third parties as necessary, who shall be bound by similar nondisclosure obligations. BLC shall return all materials related to Confidential Information upon the Customer’s written request.
5.5 Survival of Confidentiality Obligations
These confidentiality obligations shall survive the termination of this Agreement and remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Customer releases BLC in writing.
6. Final Provisions
6.1 Governing Law
All contracts shall be construed in accordance with the laws of the Federal Republic of Germany.
6.2 Jurisdiction
Disputes shall be resolved in the legal courts of Ulm, Germany.
6.3 Severability
If one or more provisions of these GTC are or become invalid, the remaining provisions shall remain unaffected.
6.4 Language
The original English language version of these GTCs shall be binding. All translations are for informational purposes only.
6.5 Amendments
BLC reserves the right to amend these GTCs. Any changes shall be communicated to the Customer in advance, allowing a reasonable opportunity to object. The latest version will be published online at: https://businesslanguagecompany.com/gtc
6.6 Force Majeure
BLC shall not be liable for losses or delays caused by force majeure events, such as natural disasters, terrorism, IT errors, health problems, or any other cause beyond its direct control.
6.7 Data Protection
6.7.1 Compliance with GDPR
BLC is committed to protecting the privacy and security of the Customer’s personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
6.7.2 Data Collection and Use
BLC may collect and process personal data provided by the Customer for the purpose of fulfilling its contractual obligations and maintaining business relationships. This includes, but is not limited to, names, contact details, and other relevant information.
6.7.3 Data Security
BLC shall implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction.
6.7.4 Data Retention
Personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected or as required by law. After this period, data will be securely deleted or anonymized.
6.7.5 Data Subject Rights
The Customer has the right to request access to their personal data, rectify any inaccuracies, and, in certain circumstances, request the erasure of their data. Requests should be submitted in writing to BLC’s contact address.
6.7.6 Third-Party Data Processors
BLC may use third-party data processors to assist in the delivery of services. BLC will ensure that any such processors are contractually bound to comply with data protection obligations equivalent to those set out in this Agreement.
6.7.7 Data Breaches
In the event of a data breach that affects personal data, BLC will promptly notify the Customer and take necessary actions to mitigate the impact of the breach.
6.7.8 Contact for Data Protection Issues
For any queries or concerns regarding data protection, the Customer can contact BLC at: data(at)businesslanguagecompany.com
Last revised: 31st August 2024