§1 General Conditions
translate-24 is an Internet portal for the production, utilization and exploitation of translation services. Translate-24, as the operator of the portal, offers its clients the possibility of translating texts via the platform translate-24. The translations are created internally by translate-24. The formation and administration of the respective contractual relationships is carried out using the platform translate-24.
The usage of translate-24.de requires registration. Registration is permitted only to legal bodies and natural persons of legal age with unrestricted contractual capacity. Only authorized natural persons are permitted to register a legal body and this person must provide his or her name.
Creation of more than one account for the same natural person or legal body is inadmissible.
§2 Contract Conclusion
The customer can request the carrying out of a translation order via the web pages of translate-24. Consequently, translate-24 will regularly submit an offer on the basis of a temporary price estimation transmitted to the customer via the Internet. The contract is formed when the customer confirms the offer online on the platform translate-24. Irrespective of this, translate-24 is entitled to wtihdrawal from the contract if one of the reasons mentioned in the regulations according to 3
applies. In case of withdrawal there no service obligations and/or other (substitutive-) claims.
The conclusion of contract procedure is administered by the platform translate-24. Price estimations from translate-24 are non-binding unless otherwise regulated. translate-24 can make the conclusion of contract dependent on the written warranty of authority, an advance payment or a declaration of surety from a German bank. Delivery dates are only binding if they were previously confirmed in writing by translate-24. After the conclusion of contract, the text of the contract is stored by translate-24 and forwarded to the customer upon his/her request.
§3. Scope of Service
translate-24 is commits itself to represent a text specified by the customer in the desired language, correct in subject matter and terminology and to ensure that the translation is implemented without abbreviation, addition, or other changes of contents. Translations will be provided in accordance with the literal and/or implied meaning true to the intention of the source text, based on the average generally accepted quality standards of the translation industry for the respective language area.
Individual technical terminology, established at the customer, is only taken into account after a corresponding agreement and provision of sufficient and complete documents such as pre-translations or word lists at order placement. Technical terms will otherwise be translated according to standard practice and the quality standards as in conformity with 1.
Exclusively texts are translated. If the text to be translated contains images (e.g. graphics, comic strips, etc.), translate-24 is entitled to reject the translation of these parts or the text in whole. Same principles apply when texts have criminal or illegal contents, are contrary to morality, exceed the qualification of the translators available to translate-24 (mid-standard) due to the complexity, or there are other special circumstances that make the processing of the text unacceptable for translate-24; for example if the complexity and/or volume of the submitted text cannot be translated in and adequate quality within the time span specified by the customer. In case of rejection there is no entitlement to payment.
§ 4 Acceptance, Complaints and Repair
Upon translation the translated text will be made available for the customer to download as a file on the platform of translate-24. At the same time the customer will be notified about the completion of the order via E-Mail, including the storage address for downloading to the own hard drive/cache-memory.
Obvious defects of translation for commercial business transactions are to be notified about upon download, or other forms of transmission, without delay, in writing, and stating the defect.
Hidden defects are to be pointed out without delay after their detection. For non-commercial business transactions, the customer is to notify about defects in writing within 14 days after receipt of notification about the downloadability of the translated text. If no notification of a defect is received by translate-24 within the 14 day period, the translation is considered accepted (640, BGB) translate-24 is obligated to explicitly inform the customer at notification of the downloadability that the translation is considered accepted after expiration of the 14 day period and no notification of a defect is raised within this period. Warranty claims of the non-commercial customer remain unaffected of the above mentioned regulations.
Other forms of delivery, e.g. via postal service, E-Mail or fax only are only carried out due to special explicit arrangements.
The commercial customer is responsible himself for the transfer process via download to the own hard drive/cache-memory and insofar releases translate-24 from any liability. Insofar as other forms of distribution (e.g. postal service, E-Mail, fax) have been explicitly arranged, the risk is passed on to the customer upon handover of the translation to the carrier or transmission of the corresponding fax or sending of the E-Mail.
In case that the translation deviate from the contractual requirements, the customer is to set a reasonable deadline of at least 14 days for translate-24 to rectify the translation. Rectifying is excluded if the deviation was caused by the customer himself by e.g. giving incorrect or incomplete information or erroneous original texts.
After the deadline expires, the customer can demand the rescission of the contract or a lowering of the compensation (reduction), given that the defect was not removed in time. The demands are excluded if the reduction in value or suitability of the translation is negligible.
§5 Liability, Warranty and Limitations
translate-24 is unrestrictedly liable in the case of the injury of life, body or health. In the case of impossibility and delay as well as the violation of contractual obligations, translate-24 is liable also in the case of negligence; then, however, limited to typical, predictable damage. Cardinal obligations are such obligations which need to be fulfilled in order to make the proper execution of the contract in the first place; and which the customer regularly relies on and is justified to rely on. Typical, predictable damages are such which fall under the protective purpose of the respectively violated contractual or legal norm. Apart from that, translate-24 is not liable for slight negligence. The above limitations of liability also apply to the bodies and vicarious agents of translate-24.
Unless explicitly agreed in writing, translate-24 does not assume responsibility that the respective translation is qualified or suitable for the intended purpose of the customer. This particularly applies in the case that the translation is published or used for advertisement purposes. The customer particularly bears all legal risks with regard to the usability or publication of the translation.
§6 Termination or Cancellation of the Order
The customer can cancel the order at any time up to completion.
If a placed order is canceled by the customer after the order has already been given to a translator, a cancellation charge of €25.00 is due. If translating has already begun at the time of cancellation, additionally, the emerged costs up to that point in time are to be reimbursed according to the degree of the respective completion. In any case, the reimbursement entitlement amounts to at least 50% of the order value.
Documents that were provided for the translators will be returned immediately and unprompted. The data that was received by the customer as a part of the order or the translation available as a file remain at translate-24 for the purpose of archiving; unless the customer explicitly demands the deleting of his personal date or the text that was delivered by him for translating.
§7 Rights of Use
If through the services of translation, works in terms of the Copyright Act are, in part or on the whole, created, translate-24 commits itself that the customer is allowed to utilize the translations that were provided; in terms of time, space and content (simple usage and exploitation right). Included is the right to alter and retransmit the translation and the associated rights to third parties. Regardless of this, translate-24 is entitled to unrestricted using and utilization of the translation services.
§8 Compensation and Terms of Payment
Unless otherwise agreed, translate-24 provides the customer with the agreed services at their respective valid tariffs or minimum order charges and conditions (without VAT according to § 19 UStG) The customer can only pay in Euro with discharging effects and within the payment procedures provided by translate-24.
The respective compensation obligation is due for immediate payment without deduction at the issuing of invoice. In the case of delay in payment, translate-24 is entitled to demand default interest amounting to 5% above the respective base rate per annum. translate-24 is entitled to asserting a larger damage for delay and/or other claims. The customer is entitled to prove to translate-24 that a significantly smaller or no damage resulted from the delay in payment. The translation and the associated therewith (usage and exploitation rights) are subject to reservation of property or transmission until full payment.
§9 Right of Set-Off , Retention and Assignment Prohibition
The customer can only set-off the claims of translate-24 with undisputed or legally established claims. The customer is entitled to asserting a retention right only for those counterclaims which result out of the same contractual relationship as those claims that the retention claim is met with.
The assigning of rights out of this contract is inadmissible without prior consent of translate-24.
§10 Enticement Prohibition
The customer commits himself to not enticing or hiring any translators working at or for translate-24 without consent of translate-24 throughout the duration of, and for a time period of one year after the contractual relationship. For every case of culpable non-compliance, the customer commits himself to pay a contractual penalty amounting to 5,001.00 EUR.
§11 Applicability of Terms and Conditions
For commercial customers, these Terms and Conditions also apply to all future business relationships, also if they are not explicitly arranged again.
translate-24 is entitled to change or add to these Terms and Conditions. Changes or additions are communicated to the customer. The customer is entitled to terminate the contract without notice within 7 days upon receipt of the changes in the event that the changes or additions are of a disadvantage to him/her; thereafter, the changes and additions become valid.
Agreements, supplements and other agreements as well as changes and additions to the contract require to be in written form to be valid. The same applies to renouncing this requirement of written form.
translate-24 runs a direct translation service that is available all over the world via the Internet or other commercial networks. The translations are not solely carried out by translate-24 itself but also by its commissioned independent third persons. In all cases, however, contractual relationships only exist with translate-24 and not in relation to the customers of translate-24.
§12 Final Provisions
Contract inquiries addressed to translate-24 outside the scope of service as outlined in number 3 are not affected by these business provisions. This includes especially: Additional services such as DPT, print, HTML-files etc. These provisions shall be agreed upon separately. Place of execution for all contractual services is the business domicile of translate-24, currently in Hesse, Germany. If the parties agreed on written form, it is also fulfilled by E-Mail and fax.
Contracts executed on the basis of these general terms and conditions are subject to the laws of German laws.
For commercial customers, the venue for legal disputes stemming from this contract is the business domicile of translate-24. This also applies in the event the customer does not, or no longer has a legal national domicile, or his residence is unknown at the time of the charge. translate-24 howevery, may also file suit at the customers domicile.General Terms and Conditions
translate-24 offers translators the opportunity to translate texts in return for remuneration via the medium of the Internet platform operated by translate-24, delivering those translations by the same means.
§2 Registration/use of services
To make use of translate-24's services the translator must first apply by fully completing the application form on translate-24’s website. With the application, the translator agrees to the GTC valid at that time. The translator can view the relevant GTC online before the registration and at any time thereafter and can store or print the agreement as required.
With his/her application, the translator confirms that all his/her entered details are accurate, complete and truthful and undertakes to keep the information provided up to date. If such information is found to be false, incorrect or out of date, translate-24 may block or discontinue the translator’s access to translate-24’s services at any time.
During the registration, translate-24 shall verify the e-mail address provided by the translator by sending a confirmation e-mail, the receipt of which the translator shall confirm by clicking on a link. After a successful assessment of the translator’s application, the translator’s account will be activated and he/she will be able to use translate-24's services.
The translator himself/herself is responsible for keeping his/her login data (login, password) private. Should an unauthorized third party gain knowledge of the translator's data, translate-24 must be notified immediately.
The translator has no entitlement to admission for the purpose of using translate-24's services. translate-24 has the right to change or even discontinue the operation of its services at any time.
§3 Performance, delivery, check and acceptance of translations
translate-24 will offer the translator translation jobs but is at no obligation to do so. If the translator accepts a translation job, he/she is obliged to perform a diligent translation of the provided text. The translator is not entitled to provide a partial performance on principle.
translate-24 shall check the texts submitted by the translator for quality assurance purposes. The translator does not have an entitlement for the submitted translations to be checked.
The translator is responsible for the quality of the translation and compliance with agreed deadlines.
It is at translate-24's discretion to make alterations to translated texts without giving any reasons. If translate-24 makes alterations to texts that the translator has delivered, the translator is not liable for the translation accuracy of the modified sections of text.
The time allowed for completing the translation depends on the individual job. If the translation is not delivered within the agreed time, translate-24 shall extend the deadline by a reasonable length of time. If the translator does not keep to this deadline, translate-24 is entitled to withdraw from the contract and claim damages on the grounds of non-performance. In this case, the translator is not entitled to payment of any remuneration. translate-24 is further entitled to exclude the translator from further use of its services.
§4 Right to complain
If the translator discovers discrepancies in connection with the assignment in question, he/she will be obliged to inform translate-24 of this immediately. This may, for example, concern the size and scope of the assignment as well as the quality and other conditions which may affect the translator’s ability to carry out the assignment to a level satisfactory to the client.
The customer is entitled to lodge a complaint within 14 days from receipt of the translated document, subject to sales and delivery conditions.
If it is shown that the customer is justified in making a complaint, the translator will bear financial responsibility for this.
§5 Grant of rights and confidentiality
By submitting the text the translator grants translate-24 the exclusive right to use and/or utilize the translation without any restrictions as to time, content or location.
translate-24 is entitled in particular to store the submitted translation in full or in part, to change or process it, to duplicate it, to reproduce it publicly, or utilize it in any other way.
translate-24 is also entitled to grant and/or transfer the above usage rights to third parties.
The translator waives his/her right to be designated and/or named as the author.
Information received from a customer or translate-24 in connection with a translation shall be treated as strictly confidential. Documents, reference texts and information may at no time be passed on without the express approval of the customer. Violation of these guidelines shall lead to immediate exclusion from translate-24 and possibly legal proceedings as well.
§6 Non-competition clause
To maintain a professional relationship, translate-24 expects translate-24’s suppliers to abstain from approaching translate-24’s clients.
§7 Infringements of rights and rights of third parties
The translator indemnifies translate-24 from all claims by third parties and/or damages, including any legal defence costs that might result from the provision of the translator's translation services. This also covers claims against translate-24 on account of the content of the translations (slander, libel, infringement of personal rights, etc.) and/or the infringement of the proprietary rights of third parties (such as copyrights, rights to names and trademark rights).
§8 Remuneration, payment and warranty rights
The translator will receive remuneration for translation or proofreading jobs accepted by translate-24. The remuneration is calculated on the basis of the word count in the source language, the language combination and the subject category. The resulting remuneration is agreed between translate-24 and the translator upon acceptance of the translation job.
Remuneration for completed translations will be credited to the translator’s user account.
At the end of each calendar month a credit note will be generated in PDF format which can be accessed from the translator’s user account. This credit note lists the translator’s total earnings for that month and will be considered as the translator's invoice to translate-24. If the translator is liable to sales tax, the invoice must show the applicable sales tax.
The total earnings will be transferred to the translator’s bank, PayPal or Moneybookers account on the 15th of the following calendar month.
Payment can be transacted via PayPal, Moneybookers or bank transfer. For bank transfers outside the EU a seven euro processing fee will be deducted from the translator’s earnings. The minimum transfer sum for bank transfers is EUR 10. Until the translator has earned EUR 10, the total sum will remain credited to the user account. There is no minimum transfer sum for payments by PayPal or Moneybookers. The translator will be liable for the transaction fees deducted by PayPal or Moneybookers.
The translator must enter his/her payment details into his/her translate-24 account in order for the payment to be transacted. Failure to do so may result in delayed payment.
translate-24 is entitled to postpone the payment to a different day, but no later than the end of the month. Credit accumulated in the translator's account is not interest-bearing.
translate-24 explicitly states that payments represent translator's income and are as such subject to income tax and must therefore be reported by the translator to his/her tax office.
If it transpires that the translated texts contain defects that are not merely minor in nature, translate-24 is entitled to reduce the remuneration accordingly and/or put forward claims for damages. It is at the reasonable discretion of translate-24 by how much the credit amount in the translator's account should be reduced, subject to review by the responsible court in case of dispute. The assertion of further claims and/or rights remains unaffected.
If a project is terminated by the customer once work has already begun, the supplier is entitled to receive a prorated payment for the respective amount of completion. The compensation claim for the translator is in any event at least 25% of the agreed remuneration.
translate-24 shall be fully liable in case of injury to life, limb or health as well as gross misconduct (gross negligence or intent). In case of impossibility and default as well as in case of breach of material contractual obligations (so-called cardinal obligations), translate-24 shall also be liable in cases of slight negligence, but then limited to the typical foreseeable damage. Cardinal obligations are contractual obligations whose fulfilment actually make the orderly execution of the contract possible and on whose fulfilment the ordering party regularly relies and also should be able to rely. Typical foreseeable damage is the type of damage that relates to the protective purpose of the respective breached contractual obligation or legal standard according to objective criteria. Otherwise, translate-24 shall not be liable in cases of slight negligence. The above-mentioned limitations of liability also apply to the bodies and vicarious agents of translate-24.
translate-24 does not guarantee the accuracy of data made available by third parties via translate-24. Neither shall translate-24 be liable for delays or defects in performance that are the result of unclear, incorrect or incomplete order conveyance or placement by third parties, including incorrect data input. This applies in particular in cases where third parties have obtained access to translate-24's services without due authorization and have caused malfunctions, of whatever type and/or content, within the operation of translate-24's online platform.
§10 Data backup
translate-24 shall perform regular data backups for the data stored in the translator's account. In the event of loss of data, translate-24 shall strive to rectify the loss of data immediately. This does not affect translate-24's liability pursuant to Section nine of the Terms and Conditions.
The translator is responsible for ensuring data backup for his/her translations.
§11 Side agreements and amendments to the GTC
There are no verbal side agreements. Amendments and additions to these GTC must be made in text form to be valid (letter, fax, e-mail). This provision can also intentionally only be eliminated by agreement in text form. No other GTC shall be applicable.
translate-24 is entitled to make amendments or additions to its GTC at any time. The translator shall be informed about any such changes in text form via letter, fax or e-mail and by the updated GTC being placed on translate-24's website. Unless the translator objects within a period of 10 working days in text form, his/her conduct is considered to constitute approval of the new GTC.
§12 Final provisions
The laws of the Federal Republic of Germany apply.
Place of jurisdiction for all disputes arising from the contractual relationship is Hamburg.
Any transfer of rights and responsibilities from the contractual relationship requires translate-24's approval in text form to be valid.
Should a provision of this agreement be or become ineffective in full or in part, this shall not affect the effectiveness of the remaining provisions. Instead, the ineffective provision shall be replaced by a replacement provision that corresponds to or at least approximates the purpose of the agreement that the parties would have made to achieve the same economic effect had they known of the ineffectiveness of the provision. The same applies accordingly to a gap in the provisions.