Imprint
Website owner: David Hollmer
E-Mail: novel2german@gmail.com
Telefon: +49 179 4424 389
Adresse: Christian-Kreuzer-Straße 5, 92665 Altenstadt an der Waldnaab, Bavaria, Germany
Terms and Conditions
I. General Provisions
The following terms and conditions apply to all business transactions with clients of novel2german, operated by David Hollmer (hereinafter referred to as the “Contractor”). These terms are acknowledged by the client (hereinafter referred to as the “Client”) upon placing an order and apply to the entire duration of the business relationship. They therefore govern each individual order, future transactions, and orders handled indirectly through the Contractor.
II. Conclusion of Contract and Scope of Services
(1) The contract between the Client and the Contractor is concluded upon written confirmation (e.g. by email) of receipt of the text(s) or documents to be translated.
(2) The scope and nature of the services are determined exclusively by the written agreements made between the parties.
(3) The Contractor offers literary translation services, specifically the professional translation of novels and other fictional works from other languages into German. These services are provided exclusively on the basis of a service contract under §§ 611 et seq. of the German Civil Code (BGB).
(4) The objective of the Contractor’s services is to produce a high-quality, idiomatic, and publishable German translation of the source text while faithfully preserving the meaning, style, tone, and literary intent of the original. Corrections and suggestions are not part of the standard service unless explicitly agreed otherwise in writing.
(5) The Client acknowledges that the quality of the translation may be influenced by factors such as very high complexity of the source text, unusual or inconsistent terminology, tight deadlines requested by the Client, or ambiguities in the original. In such cases, a perfect result without any need for post-editing cannot always be guaranteed.
(6) The Contractor may engage independent professional translators. In such cases novel2german acts as an intermediary but assumes liability for any defects in the translation service provided.
(7) Prices stated on the website www.novel2german.com or in the individual offer sent by email are final prices. No additional VAT is charged; it is either included or not applicable pursuant to § 19 (1) UStG (small business regulation) or due to cross-border service provision.
III. Client’s Duties to Cooperate
(1) The Client shall inform the Contractor of the intended use of the translation (e.g. publication, self-publishing, traditional publishing, marketing purposes, etc.), especially if specific requirements apply (such as adaptation to a particular target audience, register, or publishing guidelines). If the Client uses the translation for a different purpose than communicated, no claims for damages or defects shall arise against the Contractor.
If the Client requires specific terminology, glossaries, reference translations, style guides, character names conventions, or the retention of certain foreign terms, these must be provided in writing together with the source text.
(2) If the Client fails to fulfil these information and cooperation obligations, he/she may not subsequently claim that the translation was not performed in accordance with his/her wishes.
(3) The source texts and any supporting materials must be provided complete, legible, and in a commonly usable digital format.
IV. Prices and Payment
(1) Unless otherwise agreed in writing, prices are based on the information published on www.novel2german.com or on the binding offer sent to the Client by email.
(2) The invoice is issued after completion of the translation. The service is deemed contractually completed upon delivery of the translated text to the Client.
(3) Payment is due within 30 days of receipt of the invoice unless a different term is explicitly agreed. The Client is in default at the latest four weeks after receipt of the invoice, with the corresponding statutory consequences.
V. Delivery
(1) Delivery deadlines are only binding if expressly confirmed in writing as fixed deadlines. Time estimates provided in offers are non-binding guidelines based on average processing times.
(2) Compliance with any agreed delivery period requires timely receipt of all necessary documents (source text, reference materials, instructions) and fulfilment of the Client’s cooperation obligations. If these conditions are not met, the delivery period is extended accordingly. The Contractor will inform the Client immediately.
(3) Delivery is made in the same manner as the source text was received, unless otherwise agreed (usually by email).
(4) The risk of transmission passes to the Client upon dispatch.
VI. Force Majeure
In case of force majeure, the Contractor shall notify the Client immediately. Both parties are entitled to withdraw from the contract. The Client must reimburse the Contractor for services already rendered and expenses incurred.
Force majeure includes unforeseeable obstacles that demonstrably prevent proper performance (in particular prolonged serious illness of the Contractor or key personnel). IT problems, email issues, or postal delays are expressly excluded.
VII. Liability for Defects
(1) The Contractor undertakes to perform the translation with professional care, using qualified translators and appropriate quality assurance measures. Liability is excluded for defects caused by ambiguities, errors, or inconsistencies in the source text.
(2) Any alleged defects must be notified to the Contractor in writing and in detail within 14 days of delivery of the translation. The period begins on the day following receipt. If no detailed written complaint is received within this period, the translation is deemed accepted as compliant.
(3) In the event of a substantiated and material defect, the Contractor shall rectify it within a reasonable period at no extra cost. A defect is considered material if the translation contains on average at least one serious translation error per 1,800 words (equivalent to approx. one standard page) that affects meaning or readability.
(4) Liability for defects is excluded if the Client has not fulfilled his/her cooperation obligations.
VIII. Liability / Damages
(1) Liability for damages is limited to the net invoice amount of the respective order. For orders under 100 Euros, liability is limited to 100 Euros.
(2) Liability exists only in cases of intent or gross negligence. Liability for consequential damages, loss of profit, or indirect damages is excluded.
(3) The Contractor is not liable for damage to or loss of texts/data (e.g. due to electronic transmission, viruses, hardware/software issues, postal service, etc.).
(4) The Contractor is not liable for unlawful content in the source texts (copyright infringement, violation of third-party rights, criminal content, etc.). If such content becomes known after contract conclusion, the Contractor may withdraw immediately; services already rendered must be paid in full.
IX. Confidentiality
The Contractor is bound to confidentiality regarding the content of the texts. If independent translators are engaged, they are also bound by confidentiality obligations imposed by the Contractor.
Absolute confidentiality cannot be guaranteed due to electronic communication (especially email). The Contractor is not liable for breaches caused by third parties.
For the Client’s protection, the Contractor may (but is not obliged to) retain backup copies of source and target texts.
X. Governing Law and Jurisdiction
The contractual relationship is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance and exclusive jurisdiction for all disputes is the registered office of the Contractor. This applies to merchants, legal persons under public law, special funds under public law, and persons without a general place of jurisdiction in Germany or who have moved their residence or habitual abode abroad after conclusion of the contract.
XI. Final Provisions
(1) The Client shall notify the Contractor immediately in writing of any changes relevant to the performance of the services or the contractual relationship (e.g. change of address, email, name).
(2) Amendments to these Terms and Conditions and any side agreements must be made in writing; this also applies to any waiver of the written form requirement.
(3) Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid one. The same applies to any gaps in the contract.