General terms and conditions for translators

General terms and conditions for translators

General terms and conditions for freelance translators

The general terms and conditions of Prolangua Communications GmbH, represented by Mr. Christian Funkelt, Schillerstraße 7, 10625 Berlin, Local Court Berlin Charlottenburg, VAT No.: …

§1 General

ProLangua Communications GmbH offers translators the opportunity of collaboration within the framework of clearly defined processes.

For all current and future legal transactions between ProLangua and the translator, the following general terms and conditions exclusively apply. Within the scope of an ongoing business relationship, the terms and conditions apply for all future orders, quotes, deliveries and services, even without having to be expressly included again.

§ 2 Qualification and suitability

The translator affirms that their personal data provided to ProLangua is correct. In particular, this applies to the qualifications stated on the CV, certificates, etc.

In order to verify this information, ProLangua has the right to request adequate documents from the translator and to save them to ensure fulfilment of the translator’s contractual obligations.

§ 3 Scope of service

Prior to allocating a project to a translator, the translator is sent an offer for translating a text. Upon acceptance of that offer, a translation contract comes into effect between the parties based on the conditions stated in the offer.

The translator must provide the translation service themselves. This also applies to groups of translators (teams and/or agencies). Without prior approval by ProLangua, the translator is not authorised to collaborate with any employees or third parties for the purpose of performing the contract.

The translation must be done in accordance with the principles of proper professional practice. The translator undertakes to only submit carefully and properly translated and proofread texts. In general, the translator is not authorised to effect partial delivery / render partial services.

ProLangua receives the translation in the agreed upon format (which is agreed on a contractual basis and/or established individually at the time the project is assigned) and within the stipulated deadline.

The relevant information as to the format of the translation (intended use, delivery on data carrier, number of copies, overall layout of the text, and whether it must be ready for printing) as well as any information or documents necessary for the completion of the translation will be given to the translator in due time. The translator undertakes to render a proper and professional translation in the agreed target language and to neither shorten nor add anything nor to make any changes to the content when translating. Depending on the nature of the original text, it must be translated in accordance with its literal and/or implied meaning as well as with the basic principles of proper practice regarding the respective language. The translator must use any specialist terminology provided by the customer.

In case of any questions or doubts, the translator must immediately contact ProLangua. The translator is not authorised to get into direct contact with ProLangua’s customers.

ProLangua has the right to randomly check the texts submitted by the translator in order to ensure that they are of appropriate quality The translator has no right to demand that the submitted texts be proofread.

§ 4 Granting of rights

By submitting the translation, the translator declares having done it themselves and that any third parties have no further rights to the translation than to the text submitted to the translator for translation.

By submitting the translation, the translator grants ProLangua the exclusive right to use it without any restrictions as to time, content or location. In particular, this includes the right to edit, change, reproduce or publish the translation or to use it in any other way, as well as any other rights necessary in order to fulfil the purpose of the contract concluded with the customer.

ProLangua is authorised to grant and/or transfer rights to third parties, in particular its customers, and to transmit the translation to third parties for unrestricted use.

The translator waives the right to be designated or named as the author.

§ 5 Remuneration

For the translation, the translator receives remuneration in accordance with the stipulations set forth in the relevant contract/order. Remuneration is based on the number of words, lines or pages. The remuneration stipulated in the contract/PO is exclusive of VAT at the statutory rate, if applicable. The remuneration is in euros, if no other currency has been agreed upon.

The following definitions apply:

Words

Lines: 55 characters

Pages: 30 lines

When working with CAT tools, the general international pricing scales apply. These are included in detail in every order/PO.

Each month (at the end of the month at the latest), the translator must send ProLangua a proper invoice for the services rendered, also including VAT at the relevant applicable rate or an explanation as to why VAT is not applicable. Invoices are paid within 2 to 4 weeks of receipt.

The translator is responsible for paying taxes on income earned from the translations in accordance with the applicable legislation.

Any costs or expenses are deemed to be covered by the agreed remuneration. Costs and expenses incurred in conjunction with the contractually agreed translation may only be reimbursed if this is agreed upon with ProLangua and if proof is provided that said costs and expenses have actually been incurred.

The translator has no right to an advance on costs. Equally, the translator does not have the right to charge fees for partial services.

§ 6 Confidentiality

The translator must keep confidential any and all information pertaining to ProLangua and/or its customers or the documents/materials submitted for translation. The translator undertakes to neither use/exploit said documents/materials nor to pass them on to third parties. Upon final completion of a project, the translator must immediately delete the data. Should the translator have already deleted the data but be asked to rework the translation, ProLangua will provide the necessary data.

§ 7 Warranty, default in delivery

ProLangua has statutory warranty rights towards the translator.

Complaints by ProLangua or the end customer are communicated to the translator. Depending on the individual case, ProLangua may ask the translator to rework/correct the translation up to 6 months after submission of the translation to ProLangua by the translator. Should the translator fail to remedy the asserted deficiencies within an appropriate period of time, ProLangua has the right to have another translator remedy the deficiencies or, at its own discretion, to demand a reduction of fees or to withdraw from the contract.

If it is determined that there are serious deficiencies [1] and it must be assumed that having the translator rework the translation will not lead to an improvement, ProLangua may directly and immediately assign the task to a second translator. The original translator must bear the associated costs. Any claims for damages will be passed on to the translator.

In case the translation is not delivered by the agreed deadline or is delivered by the agreed deadline but contains errors/deficiencies, the translator is deemed to be in default in delivery. The translator must then compensate ProLangua for any damages arising from this.

ProLangua is entitled to specify an appropriate extension for the delivery of the translation (except in case of serious deficiencies, see previous paragraph). After unsuccessful expiry of this period of grace, ProLangua may withdraw from the contract and assert claims for damages.

According to the criteria of the BDÜ (Federal Association of Interpreters and Translators), it is advisable for the translator to take out professional liability insurance.

The translator must inform ProLangua immediately if they become aware of any circumstances that may hinder a timely submission of the translation.

§ 8 Liability

ProLangua can only be held liable for damages due to deliberate or grossly negligent breaches of duty by ProLangua, its legal representatives or vicarious agents. This also applies to breaches of pre-contractual duties or collateral duties as well as to damage or consequential damage due to defects. ProLangua’s liability according to product liability law and its liability for loss of life, physical injury or damage to health remain unaffected by this limitation of liability.

§ 9 Exemption

The translator agrees to exempt us from any claims made against ProLangua by third parties as a result of the translation. In particular, this applies if a claim is made due to the content of the translation and/or other property rights of third parties (e.g. copyrights). The exemption also includes the assumption of any costs incurred as a result of legal proceedings and legal defence.

§ 10 Final provisions

The law of the Federal Republic of Germany shall apply, to the exclusion of UN sales law.

The place of jurisdiction for all claims and legal disputes arising out of the contractual relationship shall be Berlin.

Should individual provisions of the relevant contract between the parties be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected by this.

[1] Serious: The meaning of the text is lost, or there is a large number of typing errors/spelling mistakes (at least 5 per page).