1. Scope of Application
These General Terms and Conditions (“GTC”) apply to all contracts between Tilti Multilingual GmbH, FN 244116 w, Vienna (hereinafter “Tilti Multilingual”) and the client.
Differing, conflicting or supplementary terms and conditions of the client shall not apply, even if Tilti Multilingual does not expressly object to them. The client’s terms and conditions shall only become part of the contract if Tilti Multilingual expressly agrees to their applicability in writing.
These GTC apply exclusively to contracts with entrepreneurs within the meaning of § 1 UGB or comparable national or international commercial or consumer protection regulations. Contracts with consumers are excluded from the application of these GTC.
2. Scope of Services
Tilti Multilingual performs the contractually agreed services with reasonable care. The nature and scope of the services are defined exclusively by the written agreement between the parties. Any changes or extensions of the scope of services must be agreed separately and will be invoiced accordingly.
For machine translations or content generated by artificial intelligence, Tilti Multilingual solely provides the machine- or AI-generated output. No review for completeness, accuracy, appropriateness, terminology, or technical or legal suitability is carried out. The client is responsible for professionally reviewing such output prior to use. Tilti Multilingual shall not be liable for damages arising from the use of such content unless caused by intentional misconduct or gross negligence.
Tilti Multilingual does not provide legal advice or any other professional consultancy services. Translations of legal, technical, or specialist texts do not constitute legal, technical or substantive review. The client remains solely responsible for the legal and technical assessment and for the application of the translated content.
3. Client’s Duty to Cooperate and Provide Information
The client shall provide Tilti Multilingual with all information, documents and specifications required for the proper performance of the services fully, correctly, in a timely manner, and without being requested to do so. This includes, but is not limited to, terminology, glossaries, reference texts, lists of abbreviations, technical documentation, layout specifications and other relevant content-related or formal requirements.
The client is responsible for ensuring that all information and documents provided are complete, accurate and unambiguous. Tilti Multilingual is not obligated to verify such information for correctness or suitability.
The client must explicitly inform Tilti Multilingual of any special formats, intended uses, or technical requirements. For translations intended for print, the client must submit a proof copy for final approval in due time.
The client bears the burden of proof that all information required for the performance of the services was provided correctly and in time.
If the client fails to cooperate, or if information is incomplete, incorrect or delayed, Tilti Multilingual shall not be liable for any resulting defects, delays or damages. In particular, no warranty shall apply to errors caused by incorrect, incomplete or late information or documentation provided by the client.
For technical or safety-relevant texts, Tilti Multilingual provides a purely linguistic translation of the content supplied by the client; no technical or legal review is carried out. The client remains fully responsible for the technical accuracy and the use of the translated content.
4. Rectification of Defects
The client is entitled to rectification of objectively existing defects in the delivered translation. Defects must be reported to Tilti Multilingual without delay, accompanied by a detailed description and appropriate evidence.
Tilti Multilingual is only obligated to remedy defects if the client provides a concrete, comprehensible and sufficiently substantiated defect report. General or vague complaints do not entitle the client to rectification.
Rectification will be carried out at Tilti Multilingual’s discretion either by correction or replacement. If rectification fails or is impossible, statutory warranty provisions apply unless otherwise agreed.
If an unjustified defect notice results in inspection or processing costs, Tilti Multilingual may charge these to the client.
5. Liability
Tilti Multilingual shall be liable for damages only in cases of intent or gross negligence. In cases of slight negligence, Tilti Multilingual is only liable for breaches of essential contractual obligations; in such cases liability is limited to foreseeable, contract-typical damages.
Liability for indirect damages, consequential damages, loss of profits, unrealized savings, business interruption, and third-party claims is excluded to the extent legally permitted.
Complaints must be submitted in writing within seven days of delivery; later claims cannot be considered.
Liability is limited – to the extent legally permitted – to the net order value. For larger projects or ongoing assignments, liability is limited to the net value of the respective affected partial service.
Recourse claims by the client against Tilti Multilingual for third-party damages or claims arising from the transfer or further use of the delivered services are excluded unless Tilti Multilingual acted with intent or gross negligence. This applies particularly where the client has agreed to obligations with third parties exceeding mandatory statutory warranty rights.
6. Confidentiality
Tilti Multilingual treats all information and documents received in connection with service performance confidentially and shall not disclose them to third parties unless necessary for performance (e.g., to carefully selected subcontractors) or required by law.
Tilti Multilingual shall ensure that subcontractors comply with equivalent confidentiality obligations.
Confidentiality does not apply to information
(a) already lawfully known to Tilti Multilingual;
(b) publicly accessible at the time of disclosure or becoming publicly accessible without breach of these GTC;
(c) lawfully obtained from a third party without confidentiality obligation; or
(d) required to be disclosed due to official or court orders.
7. Fees
The remuneration is due without deductions within ten days after delivery of the service.
Tilti Multilingual is entitled to reimbursement of all actual and previously agreed expenses in addition to the agreed fee. Statutory VAT is charged separately.
For larger or long-term projects, Tilti Multilingual may demand reasonable advance or progress payments. Tilti Multilingual may withhold delivery of the translation until full payment has been received if there is a justified reason.
If no fixed price has been agreed, billing is based on an appropriate fee reflecting the nature, difficulty and scope of the service. Applicable industry rates for professional language services or valid Tilti Multilingual price lists apply.
8. Retention of Title and Copyright
Until full payment of the agreed remuneration, the client acquires no usage rights to the delivered translation. Any use prior to full payment requires the express consent of Tilti Multilingual.
Any copyrights or related rights arising in the translation remain with Tilti Multilingual until full payment has been made. Upon payment, the client receives the usage rights required for the agreed purpose.
9. Applicable Law
The contract and all claims arising from it are governed exclusively by Austrian substantive law, excluding its conflict-of-law rules and the UN Sales Convention.
Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by one that best reflects its economic purpose.
For all disputes arising out of or in connection with the contract, the exclusive place of jurisdiction shall be Vienna, provided the client is an entrepreneur.
In the event of any conflict or ambiguity between the German and English versions of these General Terms and Conditions, the German version shall be legally binding. The English version is for information purposes only.