Terms Agreement German

This final user license agreement (the „agreement“) which consists of the following terms and conditions is entered into and concluded as of January 25, 2015 (effective date) by and between ABC, Inc., a company designated by Delaware law (hereafter referred to as „seller“) and XYZ, Inc., a company organized in accordance with Oregon laws (hereafter referred to as „end-users“). Sellers and end-users are collectively referred to as „parties“ and sometimes individually referred to as „parties.“ It is customary to define important terms in English contracts by edifying them. For the above proceeding, the court ordered WhatsApp to stop using its terms and conditions of sale in English when doing business with users in Germany. WhatsApp has not yet changed its terms and conditions and it is not known whether they have filed another complaint with the Federal Supreme Court. So we`re going to have to see how it all ends. Kammergericht added that WhatsApp addressed its website to the general public by consumers living in Germany and that it communicated them throughout the site in German (with the exception of general terms of sale, of course), even though the link that leads to the terms of sale in English is called in German („Data protection and general conditions“) and therefore the consumer/user does not necessarily expect long and complex commercial conditions. The court explained that while skills in everyday familiar English may be common in Germany, this does not apply to reading and understanding a document in a commercial, legal/contractual language. In particular, the following provisions are void under standard contractual conditions The problem with translating contracts into German is that all names are activated in German. With regard to the revision of the contracts originally written in German, I believe that one possibility is to use the prefix „contract“ before the defined terms. So instead of translating the „parts“ (wih a capital P) as the parties, we could translate them as contracting parties. The different legal systems, the absence of equivalent concepts and misleading translations 1 to 1 pose particular challenges in the translation of legal texts. Based on my legal knowledge acquired at university and by participating in the comparison of laws and legal translation classes, both at university and during my training, I have ensured the exact translation of legal texts since 2007.