23 July 2025

I. COMMON PROVISIONS for professionals and private individuals

ARTICLE 1: DEFINITIONS

For the purposes of these General Terms and Conditions (GTC), the following definitions apply:

ALPHATRAD AUSTRIA: a limited-liability company (GmbH) under Austrian law, registered in Vienna under the company register number FN342029i with its registered office located at 1060 Vienna, Hirschengasse 15/1 – 3 (Email: info@alphatrad.at, Phone: +43 (0)800 204206).

Client: the individual or legal entity with whom ALPHATRAD AUSTRIA concludes a contract for the delivery of translations, interpreting services, interpretation by telephone or video conference, language recordings, subtitling, proofreading, foreign language typesetting and the transcription of audio files.

Private individual: any individual who enters into a legal transaction for purposes that can predominantly not be attributed to the person’s activities in a commercial or independent professional capacity.

Professional: any individual or legal entity or partnership with legal capacity who/which, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Services: Translations, interpreting services, interpretation by telephone or videoconference, postediting based on a pre-translation provided by the client or created using machine translation (MT), notably using artificial intelligence (AI), voice recording (voice off and voice over), subtitling, proofreading, foreign language typesetting and transcription of audio files offered to the client by ALPHATRAD AUSTRIA within the framework of an quote or a contract signed between ALPHATRAD AUSTRIA and the client (hereinafter “Services”).

Contract: the contract concluded between ALPHATRAD AUSTRIA and the client under which the delivery of services by ALPHATRAD AUSTRIA is agreed in return for payment of an amount by the client.

ARTICLE 2: SCOPE OF APPLICATION

In addition to the quote, cost estimate, order and order confirmation, these GTC constitute the sole basis of the contractual relationship between the parties. They can be viewed by professionals at any time on the website of ALPHATRAD AUSTRIA: https://www.alphatrad.at. Private individuals will receive them with the quote.

These GTC define the conditions under which ALPHATRAD AUSTRIA provides the client with services based on a request made via the website https://www.alphatrad.at, by email or by way of a paper document sent to ALPHATRAD directly. These GTC apply to all present and future contractual relationships between us and the client, i.e. even if no express reference is made to them in supplementary orders.

The client declares to be aware of these GTC and agree to them by placing an order. They also confirm that they possess the necessary legal capacity to conclude the contract for the services in question with ALPHATRAD AUSTRIA.

Deviating, conflicting or supplementary General Terms and Conditions of our clients, even if we do not expressly object to them, will only become part of the contract if we expressly acknowledge their inclusion in writing before or upon conclusion of the contract. Confirmations to the contrary by the client with deviating terms and conditions of purchase are hereby rejected.

If one or more provisions of these GTC are invalid, the remaining provisions of the same will continue to apply. Should a clause or provision be or become wholly or partially invalid or unenforceable, both parties agree to replace this wholly or partially invalid provision with a legally permissible, valid and enforceable provision corresponding as closely as possible to the commercial intent of the invalid provision.

It is also pointed out that these GTC may be subject to subsequent amendments. In this case, ALPHATRAD AUSTRIA will inform the client in writing at least one month before the amendment takes effect. This amendment will come into force one month after its receipt by the client, unless the client objects to the amendment in writing within two weeks of receipt of the amendment notification. Otherwise, ALPHATRAD AUSTRIA will assume the client's consent to the amendment. ALPHATRAD AUSTRIA agrees to draw the client's attention to the intended meaning of its conduct at the beginning of the period.

ARTICLE 3: ORDERS AND CONCLUSION OF THE CONTRACT

The quote submitted by ALPHATRAD AUSTRIA, irrespective of the form in which it is submitted, is subject to change in as far as it is addressed to professionals.

We are bound by quotes to private individuals for two weeks, calculated from the date of the quote.

The client selects the services required. At this point it is pointed out that the client is solely responsible for the selection and purchase of the services. Therefore, it is the client's responsibility to check the correctness of the order before it is sent to ALPHATRAD AUSTRIA irrespective of the form.

The contract is only concluded after the preparation of an quote by ALPHATRAD AUSTRIA and after its express acceptance by the client via the placement of an order (professionals) or upon receipt by ALPHATRAD AUSTRIA of payment by the client (private individuals or professionals) by way of confirmation of the client’s order.

As set out in article 6 of these GTC, the quote contains the price offered for the requested service, the amount that must be transferred, the delivery period and the delivery methods. If the client deviates in the order placed from the content of the quote by ALPHATRAD AUSTRIA, no contract will be deemed to have been concluded, such that the client will in no way be entitled to claim the provision of the service offered by ALPHATRAD AUSTRIA.

The delivery period stated in the quote is based on the client placing their order within 48 hours of receipt of the quote. If this deadline is not met, the delivery period will be extended by the period between the expiry of the calculated 48-hour period and receipt of the order. The client will not be entitled to make any claims due to the change in the delivery date. In the case of fixed date deadline, no contract will be concluded on the basis of the delayed order. This will then be treated as a new client request.

ALPHATRAD AUSTRIA reserves the right to refuse an order or to reject the translation of the text or parts thereof. This notably applies if the content is criminal or unlawful or contrary to public morality.

ARTICLE 4: PRICE CONDITIONS

The prices stated in the quote and which have become the subject matter of the contract in accordance with art. 3 of these GTC shall apply, unless ALPHATRAD AUSTRIA modifies them before the order is placed by a professional client. The price in the quote applies to private individuals if the order has been received by ALPHATRAD AUSTRIA within the binding period or in the event of a delay in receipt if ALPHATRAD AUSTRIA has not objected to the order.

Prices are quoted in euros.

The total price shown in the quote, which includes statutory sales tax and other price components, applies to private individuals. For private individuals, additional freight, delivery or shipping costs or other costs will only be incurred if they are shown in the quote. For professionals, statutory sales tax should be added to the prices stated in the quote. Invoicing by ALPHATRAD AUSTRIA takes place upon delivery.

If the client changes the order placed after receipt of the order, ALPHATRAD AUSTRIA will be free to accept or reject the amended order. If the amended order is accepted, the costs incurred by the amendment will be additionally charged to the client. If the amendment includes a partial termination of the order originally placed, ALPHATRAD AUSTRIA will be entitled to demand the agreed remuneration in as far as the partial termination is concerned, but will be entitled to deduct any expenses saved.

ARTICLE 5: PAYMENT CONDITIONS FOR SERVICES

1. Private individuals are required to pay in advance.

2. The following applies to professionals:

ALPHATRAD AUSTRIA is entitled to request deposits, payments on account or advance payments at its reasonable discretion.

In the case of the preparation of translations, subtitling, proofreading and transcriptions, the client is obliged to accept the work by the end of the 7th working day after delivery of the work. If the client does not accept the work within this period and if the client has not refused acceptance within this period, stating at least one defect, the work will be deemed to have been accepted.

Invoices for instalments and invoices for advance payments are payable and due within eight days of the invoice date. Other invoices are payable and due two weeks after the invoice date, but not before acceptance in the case of translations, subtitling, proofreading and transcriptions.

3. In the event of delay, we will charge professionals default interest in the amount of 9.2% p.a. above the base interest rate (§ 456 UGB (Austrian Commercial Code)), but no less than 11% p.a.

This will not affect the assertion of any further damage caused by the delay. The client is entitled to prove lesser damage caused by delay in individual cases.

4. In the event of a delay on the part of a professional, we will additionally charge a lump sum for any collection costs in the amount of €40 (§ 458 UGB).

5. With respect to our claims, the exercise of a right of retention or offset is only possible with undisputed or legally established claims. This restriction of the right to exercise the right of retention or offset will only apply to such counterclaims that do not originate from the same legal relationship. In addition, sentences 1 and 2 shall only apply to private individuals in as far as the consumer does not have a right to revoke the contract at the time of exercising the right of retention or offset.

6. If the client defaults on a payment, all further claims, even if they are not yet due, will become due immediately. In addition, the client will then be required to pay in advance for any contracts not yet executed. The same applies if the client’s financial situation deteriorates after conclusion of the contract.

ARTICLE 6: PERFORMANCE OF THE CONTRACT, CLIENT COOPERATION

All orders will be confirmed and executed exclusively by ALPHATRAD AUSTRIA, even if an express or implicit wish has been expressed that the order be undertaken by a specific person at ALPHATRAD AUSTRIA.

Following the conclusion of the contract, ALPHATRAD AUSTRIA will undertake the translation services in accordance with the specifications agreed with the client in accordance with the contract.

The client is required to cooperate to the extent required for the production or provision of the service. ALPHATRAD AUSTRIA will inform the client about the required degree of cooperation. If the client fails to comply with its obligations to cooperate even after a reminder, agreed delivery dates will be postponed by the duration of the delay caused by the lack of cooperation. ALPHATRAD AUSTRIA is also entitled to demand reasonable compensation and/or to terminate the contract after the unsuccessful expiry of a reasonable deadline and the simultaneous announcement of the termination.

ALPHATRAD AUSTRIA is entitled to have the services performed by third parties for the sake of the proper fulfilment of the contract.

The client is made aware and declares to expressly agree that ALPHATRAD AUSTRIA may use, in addition to human translators, software-aided translation technologies in order to achieve the best possible outcome in the context of the provision of the contractually agreed services, notably in relation to translation including postediting, as well as other tasks using pre-translated texts. Therefore, ALPHATRAD AUSTRIA is entitled to use its own and any external software solutions or publicly accessible language platforms, including artificial intelligence (AI). All of such solutions guarantee appropriate data protection and security standards according to applicable regulations.

The client is entitled to object to the use of software solutions. ALPHATRAD AUSTRIA must be informed of this objection before the creation of the quote and no later than the start of the provision of the service; this objection must be communicated in writing. If such an objection is received within the required timeframe, ALPHATRAD AUSTRIA is required to have the contractually agreed services carried out by a human translator and to refrain from using any software solutions objected to by the customer.

ARTICLE 7: CHANGES TO THE CONTRACT AND ADDITIONAL SERVICES REQUESTED BY THE CLIENT

Additional agreements or subsequent amendments and concessions granted orally by ALPHATRAD AUSTRIA staff will only be considered legally binding upon the same after their confirmation by ALPHATRAD AUSTRIA by email or by post. The employees of ALPHATRAD AUSTRIA are not authorised to represent ALPHATRAD AUSTRIA in legal matters. ALPHATRAD AUSTRIA is free to decide whether to accept or reject changes to the order placed or additions and extensions to the order placed. It is expressly pointed out that ALPHATRAD AUSTRIA is entitled to reject the changes requested by the client depending on the progress of the services or in the event of the impossibility of complying with the client's change requests after the conclusion of the contract.

In the event that ALPHATRAD AUSTRIA agrees to the changes, additions and extensions requested by the client, these will entail the preparation of a new quote and changes to the agreed remuneration. If the client rejects such changes, no agreement will be reached and ALPHATRAD AUSTRIA will not execute the change, addition or extension.

ARTICLE 8: SPECIAL ARRANGEMENT

8.1 USE OF SPECIALIST TERMINOLOGY

If the client wishes to use their own specialist terminology, they must provide ALPHATRAD AUSTRIA with a corresponding glossary in accordance with the following rules. Without the provision of such a glossary, ALPHATRAD AUSTRIA cannot guarantee the use of any specialist terminology that characterises the client's field of expertise or its in-house jargon within the scope of the provision of services.

In this respect, the client is required to provide ALPHATRAD AUSTRIA with the documentation (glossary) required for the efficient execution of the services at least eight (8) days prior to the commencement of the delivery of the services. This documentation must include, in particular, the technical glossary and the specialist terminology customarily used in the client's specialist area affected by the delivery of the service.

In the absence of the provision of a glossary by the client at least 8 days prior to the commencement of the delivery of the services, the translator and/or interpreter will use the standard terminology for the relevant subject area.

For all translation services, including postediting, the main obligation of ALPHATRAD AUSTRIA under the contract is to provide a version of the original text in the target language which is as true to the content and language of the source as possible. Complaints relating to style are not considered to be errors and cannot give rise to any claims from customers. In terms of terminology, ALPHATRAD AUSTRIA uses standard terminology, as documented in relevant specialist dictionaries.

8.2 TYPES OF INTERPRETING SERVICES

Clients are offered different types of interpreting services:

Liaison or consecutive interpreting: The interpreter has the task of establishing a link between two parties who do not speak the same language. The speaker or speakers are required to take breaks to give the interpreter time to translate the content of the conversation. This technique is notably used in business meetings, training courses or as accompaniment on the occasion of face-to-face events, by telephone or by videoconference.

Simultaneous interpreting (in a booth): The interpreter works in a noise-protected booth. In this case, at least two interpreters are used, as the continuous working time is limited to 20 minutes, so the interpreters take turns.

The speaker speaks into a microphone linked to the interpreter, who is equipped with headphones and reproduces the content of the speech simultaneously via a microphone. The content of the speech is sent into the headphones of the auditorium in the language concerned.

8.3 REMOTE INTERPRETING

Interpretation, which can take place by telephone or as part of a video conference, is charged by the hour.

Each hour started will be charged in full.

Remote interpreting requires an appointment. Billing starts from the exact hour of this appointment. However, appointments cancelled at least 48 hours in advance will not be invoiced, unless other conditions are determined when the quote is made.

If the client requires the conversations to be recorded within the scope of the delivery of interpreting services, they are required to inform the participants in advance and to obtain their consent. ALPHATRAD AUSTRIA will only guarantee this recording for its possible use as a transcription and after confirmation by the client that they have the consent of the participants for this. ALPHATRAD AUSTRIA declines any liability in connection with the proper consent of the participants. In application of the legal provisions on the protection of personal data, ALPHATRAD AUSTRIA excludes the transmission of the recording to the client, which will be destroyed after the translation in question has been handed over to the client. Additional costs may be incurred with regard to the recording of the interpretation.

In addition, the client's attention is drawn to the fact that an interpreter cannot be rejected by the client on the basis of their accent if they have proper command of the languages required for the delivery of the services.

In case of interpretation by telephone or during a videoconference conducted by an external provider on behalf of the client or their business partner (Zoom, Microsoft Teams or similar), ALPHATRAD AUSTRIA cannot be held liable for the insufficient quality of the telephone or Internet connections or the conference routing system. Consequently, ALPHATRAD AUSTRIA cannot be held responsible for any interruptions.

8.4 INTERPRETING SERVICES PROVIDED ON SITE

a. Costs in connection with the provision of the services

Unless otherwise stipulated, expenses incurred in connection with the provision of the service will be borne by the client. These expenses (flight, flight time, train, taxi, accommodation, meals and other) will be charged to the client in the amount incurred.

The client will reimburse ALPHATRAD AUSTRIA for these costs immediately after invoicing.

b. Working hours

If the interpreter is required to dine with the client (e.g. lunch and/or dinner) as part of the assignment, the time spent in this respect will be treated as working hours. The client is required to sign the interpreter's attendance record on request.

c. Damage to or loss of the interpreting equipment provided to the client

If interpreting equipment (booths, microphones, headphones, etc.) is provided to the client in whole or in part, the following applies for the duration said equipment is in the client's possession:

The client must properly secure the equipment against damage, destruction and/or loss and monitor compliance with and maintenance of the security measures for the duration the equipment is in their possession. The client must insure the equipment against damage and loss for the duration it is in their possession, at their own expense, and provide ALPHATRAD AUSTRIA with proof of insurance coverage on request. ALPHATRAD AUSTRIA will inform the client of the required insurance sum on request.

In the event of damage to or loss of the equipment or parts thereof for which the client or third parties attributable to the client by operation of law is/are responsible, the client will be liable to ALPHATRAD AUSTRIA for compensation of the damage incurred, provided that the client and/or the third parties attributable to the client are responsible for the damage or loss. The same shall apply in the event that the equipment is damaged or lost in whole or in part by other third parties because the client has not fulfilled its obligation to secure the equipment or to monitor the maintenance of this security in a manner for which the client is responsible.

In the event of damage and/or loss for which the client is not responsible, the client will be liable to ALPHATRAD AUSTRIA in the amount of the insurance benefit. If the client has failed to properly insure the risk for reasons for which the client is responsible, the client will be liable in the amount of the current market value of the damaged and/or lost equipment.

d. Extension of the deadline for delivery of the services or its extension at the instigation of the client

If the period for the provision of the service is extended due to circumstances for which the client is responsible, the client will be liable for the additional costs caused thereby.

These costs may include, but are not limited to:

the costs for the additional time incurred in line with the price conditions set out in the cost estimate confirmed by the client;
reimbursement of the interpreter's additional transport costs (plane tickets or train tickets) in the actual amount;
the reimbursement of the additional accommodation costs incurred by the interpreter in the actual amount and the additional fees incurred if the same has to extend their stay at the place of the assignment due to the extension of the deadline for the delivery of the services.

e. Complaints

A client is not entitled to reject an interpreter on the basis of their foreign accent if they have a proper command of the languages required for the delivery of the services.

If the client is not satisfied with the interpreter's performance in the absence of any defect in the interpreting service, they are required to inform ALPHATRAD AUSTRIA within four hours of the commencement of the delivery of the service, or within four hours of becoming aware of the same if the client only becomes aware of the shortcomings later on.

If the client refuses the further provision of the interpreting service by this interpreter, ALPHATRAD AUSTRIA will attempt to replace the interpreter in as far as replacement interpreters are available. In this case, ALPHATRAD AUSTRIA is not required to appoint a replacement interpreter. If the interpreter is rejected by the client and notably in the event that no replacement interpreter is provided, ALPHATRAD AUSTRIA will only be liable to the client for compensation of the foreseeable damage in the case of an inadequate selection of the interpreter and, if covered by an insurance policy of ALPHATRAD AUSTRIA, limited to the amount of the insurance benefit. This limitation of liability does not apply in cases of intent, gross negligence or damage in relation to death, injury or damage to health.

In the event of defective interpreting services, liability will be limited to compensation for the foreseeable damage. It is unlimited in the event of intent, gross negligence or damage in relation to death, injury or damage to health. This is unlimited in cases of intent, gross negligence or damage in relation to death, injury or damage to health.

By way of derogation from the provisions of article 9, the defect in the interpreting service must be notified in writing within five days of the provision of the service, in as far as the defect was obvious, otherwise in dealings with professionals within five days of it becoming apparent. The alleged defect must be described.

8.5 VOICE RECORDINGS

In terms of voice recordings, the prices included in the quote are based on the information provided by the client or the duration of the original file or the number of characters in the text, the type of voices, the languages and the processing of the audio file. The services rendered by ALPHATRAD AUSTRIA may be used on all carriers without time limitation and in public media such as terrestrial radio stations, internet or television, unless the quote states otherwise.

For each order, the client will confirm one voice. If this voice is no longer considered satisfactory after the file has been transmitted, remuneration will still be due provided there are no defects in the voice. If the client requests a new recording in the absence of any defects in the recording, the client must pay for the new recording.

If the client requests the integration of sound carriers such as music or other media provided by the client, the client is required to ensure that the rights of the persons entitled to dispose of such media or carriers such as authors, publishers or composers are respected. In this respect, the client will indemnify and hold ALPHATRAD AUSTRIA harmless against any claims by third parties, unless ALPHATRAD AUSTRIA was aware at the moment the service was provided that an infringement of rights existed.

If ALPHATRAD AUSTRIA itself procures the works to be integrated after consultation with the client, the costs incurred for the examination of the infringement or the acquisition of the rights will be charged to the client.

Delivery will mainly take place via email in the form of an MP3 or MP4 file, unless otherwise indicated in the quote.

8.6 POSTEDITING SERVICES

Postediting refers to the review and correction of a file created by the machine translation (MT) of an original file. For any postediting service, the client is required to provide ALPHATRAD AUSTRIA with the original file and to indicate which MT tool is to be used.

The service provided by ALPHATRAD AUSTRIA consists of comparing the text sent with the original file, checking it for coherence and accuracy and assessing the quality of the machine translation and making any necessary improvements.

ALPHATRAD AUSTRIA delivers a solid translation of the original text. It may be that the final text provided by ALPHATRAD AUSTRIA is very similar to the text created by the MT tool and provided by the client; The service provided by ALPHATRAD AUSTRIA essentially relates to review and proofreading.

If the client does not agree with the changes made to the MT-created file by ALPHATRAD AUSTRIA, ALPHATRAD AUSTRIA endeavours, in agreement with the client, to create a version which corresponds to their ideas whilst also staying true to the original text; this is essentially a goodwill gesture; there is no claim outside of the law on errors. ALPHATRAD AUSTRIA is entitled to refuse to produce versions which do not correspond to the original text, even if the machine translation does not meet the client’s requirements.

TRANSLATION AND USE OF TRANSLATION SOFTWARE AND ARTIFICIAL INTELLIGENCE

The client is hereby advised that ALPHATRAD AUSTRIA, unless otherwise agreed before the conclusion of the contract, may use external translation aids, including artificial intelligence (AI) to provide the services ordered.

In accordance with Art. 6, ALPHATRAD AUSTRIA is entitled to use external translation aids, including AI, to provide services ordered. In this respect, two different services are offered:

Human translation: full translation by a professional translator according to accepted quality standards, within the time periods and at the cost of a traditional translation.
Ai-supported translation with human review: A translation created by an AI tool and then read, corrected and validated by a professional translator. This option is offered at a more cost effective price.

The client is expressly advised that the use of AI tools - particularly those hosted on external servers, are not controlled by ALPHATRAD AUSTRIA - and this may result in a lower level of confidentiality. If in doubt or if strict confidentiality is required, clients are advised to choose human translation.

For human translations, ALPHATRAD AUSTRIA works with licensed professional solutions which allow internal translation memories to be managed on private and secure servers. These memories are neither published nor made accessible to third parties; however, they are hosted on an external Cloud, which is exclusively owned by ALPHATRAD AUSTRIA.

Finally, it is noted that ALPHATRAD AUSTRIA, despite all technical provisions taken, cannot be held liable for the loss, disclosure or communication of information occurring due to the use of AI tools or third-party service providers, notably if the client has not expressly objected to the use of such tools.

ALPHATRAD AUSTRIA makes every effort to minimise the risks associated with the use of AI and collaboration with third parties by using suitable quality assurance measures. This notably includes the continuous motoring and human verification of results generated by AI tools. ALPHATRAD AUSTRIA also ensures that it only uses AI tools and third-party service providers which comply with the legal provisions, ethical standards and accepted practices for translation services. Despite all technical and organisational measures taken, ALPHATRAD AUSTRIA takes no responsibility for any loss, disclosure or communication of information occurring in relation to the approved use of Ai-supported tools or external third-party providers.

Clients are required to ensure that any documents provided do not violate any personal data protection provisions.

ARTICLE 9: LIABILITY OF ALPHATRAD AUSTRIA - COMPLAINT PROCEDURES

a. Warranty:

In the case of translations, subtitling, proofreading and transcriptions, the client is required to check the service for any errors after acceptance or delivery. Errors must be reported – without disadvantageous legal consequences for the client, a consumer within the meaning of the KSchG (Austrian Consumer Protection Act), if possible on delivery or after they become apparent. Errors must be reported in writing.

If the client is a professional, they must check the service received for completeness, correctness and errors immediately upon delivery and report any errors found immediately, in any case within eight days. The written form is required for this. If an error report is not issued or not issued in good time, the service will be deemed to be in accordance with the contract. The assertion of warranty claims and/or claims for damages due to the error itself and the right of appeal due to defects will be excluded in this case.

In the case of translations, subtitling, proofreading and transcriptions, the client will, in the event of a justified and timely notification of errors, set ALPHATRAD AUSTRIA a reasonable period of time within which ALPHATRAD AUSTRIA will have the opportunity to remedy the error in question. If the errors are remedied within this reasonable period, the client is not entitled to a price reduction. If the errors are not remedied, the client may request a price reduction or, in the case of major errors, withdraw from the contract. In the case of minor errors, there is no right to withdraw from the contract. ALPHATRAD AUSTRIA agrees to process any complaint within a maximum period of 30 days.

Merely stylistic improvements or adjustments of specific industry or company-specific expressions will not be considered and recognised as translation errors. Rectification is excluded if the deviations were caused by the client themselves, in particular due to incorrect and/or incomplete information provided by the client.

b. Compensation:

ALPHATRAD AUSTRIA is liable a) for damage caused intentionally or by gross negligence, b) in case of fraudulent intent, c) in case of guarantees or warranties assumed by the same, d) in case of death, injury or damage to health and e) in case of claims under the Product Liability Act.

ALPHATRAD AUSTRIA is also liable for breaches of duty due to simple negligence of essential contractual primary obligations, i.e. such obligations the fulfilment of which enables the proper performance of the contract in the first place and on the observance of which the client regularly relies or may rely. Otherwise, ALPHATRAD AUSTRIA's liability for slight negligence is excluded, unless otherwise mandated by law.

ALPHATRAD AUSTRIA will not be liable beyond this.

All claims for damages against ALPHATRAD AUSTRIA are limited to the amount of the invoice amount (net), unless otherwise stipulated by mandatory law. Cases in which the damage was caused by gross negligence or intent or for damage to persons under the Product Liability Act are excluded from this limitation of damages.

If the client is a professional, any claims for damages by the client must be asserted in court within six months of them becoming aware of the damage and the damaging party, but no later than 12 months after termination of the service contract in question, otherwise the assertion of claims is excluded. An extension of the working relationship is not accompanied by an extension to this period. The client must prove that the damage is due to fault or gross negligence on the part of ALPHATRAD AUSTRIA.

In addition, ALPHATRAD AUSTRIA will not be liable for consequential and pecuniary damage, other direct damage and losses or loss of profit resulting from defective, omitted or delayed deliveries, unless ALPHATRAD AUSTRIA has acted with intent or gross negligence.

In the case of interpreting services, clause 8.4. e) takes precedence.

Use of computer-aided translation software - Limitation of liability

ALPHATRAD AUSTRIA is required to use programs for computer-aided translation in accordance with any valid data protection regulations, particularly the General Data Protection Regulation (GDPR).

The client is advised that computer-aided translation programs using AI developed outside the European Union are subject to different regulations and that data protection in accordance with the GDPR cannot always be guaranteed, even though laws in third-party countries usually restrict the processing of personal data.

The client agrees that, in the context of the use of these computer-aided translation programs, ALPHATRAD AUSTRIA is not liable for any violations of confidentiality or breaches of GDPR provided that such issues are attributable to external programs or third-party providers.

ARTICLE 10: RIGHTS OF USE

The intellectual property rights of ALPHATRAD AUSTRIA regarding the services rendered on behalf of the client belong exclusively to ALPHATRAD AUSTRIA.

ALPHATRAD AUSTRIA remains the sole owner of the rights of use until the client has paid the invoice in full, such that the client is not entitled to use the services before the invoice has been paid in full. After full payment, the client is entitled to exercise these intellectual property rights in relation to the services rendered under the conditions set out in the quote: either free rights of use on all carriers without time limitation or limited rights of use.

ARTICLE 11: FORCE MAJEURE

"Force Majeure" means the occurrence of an event or circumstance which prevents a party from performing one or more of its obligations under the contract if and to the extent that the party affected by the obstacle proves that:

(a) the obstacle is beyond its reasonable control; and

(b) it was not reasonably foreseeable at the time the contract was concluded; and

In the absence of proof to the contrary, the following events affecting a party will be presumed to meet the requirements under the preceding paragraph (a) and (b) of this clause:

(i) war (declared or undeclared), hostilities, attack, acts by foreign enemies, large-scale military mobilisation;

(ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy;

(iii) currency and trade restrictions, embargo, sanctions;

(iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, seizure of works, requisition, nationalisation;

(v) plague, epidemic, natural disaster or extreme natural event;

(vi) explosion, fire, destruction of equipment, prolonged failure of transportation, telecommunications, information systems or power;

(vii) general labour unrest such as boycotts, lawful strikes and lockouts, slowdowns, occupations of factories and buildings.

If it successfully invokes this clause, ALPHATRAD AUSTRIA will be released from its obligation to perform its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the time when the obstacle makes it impossible for it to perform; provided that this is notified without delay. If the notification is not issued without delay, the release will take effect from the time the notification reaches the client.

If the effect of the reported obstacle or event is temporary, the consequences just described will only apply as long as the obstacle prevents ALPHATRAD AUSTRIA from fulfilling the contract. If the duration of the obstacle results in the contracting parties being deprived to a considerable extent of what they could reasonably expect by virtue of the contract, each party will have the right to terminate the contract by notifying the other party within a reasonable period of time. Unless otherwise stipulated, the parties expressly agree that the contract may be terminated by either party if the duration of the obstacle exceeds 120 days.

ARTICLE 12: CONFIDENTIALITY

ALPHATRAD AUSTRIA agrees to maintain the confidentiality of the documents transferred to it and of the content of the statements made during the delivery of the services.

ALPHATRAD AUSTRIA agrees to obtain the same commitment from its translators, interpreters, speakers or any other person commissioned with or involved in the provision of a service.

ARTICLE 13: PERSONAL DATA

ALPHATRAD AUSTRIA collects and stores the personal data transmitted by the client in a secure form using data and physical security measures. The data is kept in files that are only accessible to ALPHATRAD AUSTRIA employees and the IT service providers working for ALPHATRAD AUSTRIA.

Further details are set out in the ALPHATRAD AUSTRIA privacy policy, which can be viewed at https://www.alphatrad.at/.

The data will be stored in an external data centre located in a Member State of the European Union in accordance with the legislation on personal data protection.

ARTICLE 14: APPLICABLE LAW - LANGUAGE

These GTC and any related matters are governed by Austrian law.

These GTC are written in German.

In the event of their translation into one or more foreign languages, only the German version will be legally binding in the event of a dispute.

II. SPECIAL PROVISIONS FOR PRIVATE INDIVIDUALS

ARTICLE 15: ALTERNATIVE DISPUTE RESOLUTION UNDER THE ALTERNATIVE DISPUTE RESOLUTION ACT (AStG)

ALPHATRAD AUSTRIA is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The EU Commission has set up an internet platform for the online settlement of disputes ("ODR platform") between businesses and consumers. The ODR platform can be found at https://ec.europa.eu/consumers/odr/.“

III. SPECIAL PROVISIONS FOR PROFESSIONALS

ARTICLE 16: SUBJECT-SPECIFIC GENERAL TERMS AND CONDITIONS

The information contained in the catalogues, brochures and price lists of ALPHATRAD AUSTRIA is non-binding and may be revised at any time.

Therefore, ALPHATRAD AUSTRIA is entitled to make such changes as it deems necessary at any time.

ALPHATRAD AUSTRIA may also be prompted to draw up subject-specific General Terms and Conditions that deviate from these General Terms and Conditions depending on the type of business client concerned, which will be determined on the basis of objective conditions.

In this case, the subject-specific General Terms and Conditions will apply to all professional clients who meet these criteria.

ARTICLE 17: DISPUTES, JURISDICTION

1. If the client is a professional, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes concerning the contract with the client or these General Terms and Conditions will be the registered office of ALPHATRAD Austria GmbH, i.e. Vienna. The same applies if the client has no general place of jurisdiction in Austria.

2. If the client is a private individual, the place of jurisdiction will be determined based on statutory provisions.

General Terms and Conditions Alphatrad Austria GmbH