General Terms and Conditions (GTC) for freelance translators of ProLangua

General Terms and Conditions of ProLangua, represented by Christian Funkelt, Gustav-Meyer Allee 25, 13355 Berlin, County Court Berlin, VAT IN: DE255874816

 

ProLangua offers translators the opportunity to collaborate in assigned processes.

§ 1 General

The following general terms and conditions (GTC) apply exclusively to all existing and future legal transactions between ProLangua and the translator. The GTC apply in the context of an ongoing business relationship also without express inclusion, for all future orders, offers, deliveries and services.

§ 2 Suitability and eligibility

The translator must confirm the accuracy of their personal information that he/she has given to ProLangua, in particular, the qualifications and results etc. on his/her CV. ProLangua has the right to verify this information, demand the relevant original documents and to save them as part of the contractual obligations.

§ 3 Scope of service

A proposal for the translation of a text is sent to the translator before it is commissioned. If the offer is accepted by the translator, a translation contract is agreed between the parties with the terms stated in the proposal.

The translator must personally render his service. The same applies to translation teams. Without prior consent from ProLangua the translator is not authorised to include employees or third parties during the completion of the task.

The translation must be accurately carried out according to the principles of proper professional practise. The translator is obliged to submit only accurately translated texts and in principal is not entitled to provide partial services.

ProLangua must receive the translation in the agreed format (this is contractually agreed upon and/or individually specified when it is commissioned) and within the agreed delivery time.

The desired forms of the translation (purpose, delivery of data media, number of copies, ready to print, external form of the translation etc.) as well as the information and documents, that are necessary for the completion of the translation must be made available in time by the translator.

The translator is obliged to properly and professionally reproduce the text to be translated in the agreed language, without adding, omitting or making changes to the content.

Texts are to be translated, depending on the importance of the original text literally, logically and culturally, according to the valid quality standards of the translation sector of the respective language area. When informed by the client, individual imported technical terminology is allowed.

With regards to questions or ambiguity, the translator must immediately get in touch with ProLangua. Direct contact with ProLangua's clients is inadmissible.

ProLangua is entitled to carry out a spot check on the texts submitted by the translator for quality assurance. The translator has no claim to the checks of the submitted texts.

§ 4 Grant of rights

The translator must declare, when returning the completed translation, that it was completed solely by him, and not by a third party translator and that no further rights of third parties exist.

Once the translation has been delivered, the translator grants ProLangua the sole right to freely utilise and benefit from the translation from a temporal, spacial and local point of view.

In addition, this particularly includes the right to edit, modify, replicate, publish or use for any other reasons the translation service as well as all rights, which are required for the use of the clients respective contactual purpose.

ProLangua is entitled to grant and or assign third party rights of use, in particular to its clients and to pass on the translation for free use.

The translator can renounce his right, as a named or identified author.

§ 5 Payment

For the translation, the translator receives the pay that was agreed in the respective contract/commissioning. This is based on a word, line or page count. The pay that was stated in the contract/PO is net pay plus the respective current VAT, in line with the law. The pay is in Euros, unless another currency has been agreed. The following definitions of terms apply:

Keywords:

Line: 55 characters

Page: 30 lines

When processing with CAT tool, the general international graduation of prices applies:

Each month the translator has no later than the end of the month to provide ProLangua with a proper invoice for the respective provided service, with a designation of the current VAT or with an explanation why it has not been calculated. The invoices are paid within 2 to 4 weeks of receipt.

The translator is personally responsible for paying taxes on income earned from the translations according to the laws applicable to him. 

Any costs and expenses are compensated by the agreed pay. A claim for a reimbursement of costs and expenses as part of the contracted translation exists only insofar as they can be proven to have actually incurred and have been agreed with ProLangua.

A claim for an advance payment does not exist. The translator is also not entitled to take into account subservices.

§ 6 Confidentiality

As part of the contractual relationship, the translator must treat knowledge of the attained information about ProLangua and/or its client as well as the documents and materials handed over as confidential and is not obliged to use or pass this on to third parties without explicit written consent.

Also the translator must delete all of the data immediately after final completion of the task. Should the translator already have deleted the data and he is required to make improvements, ProLangua will make the necessary data available to him.

§ 7 Guarantee, delay

ProLangua has the legal warranty rights to the translator.

The translator is informed of complaints, notice of defects, etc. from ProLangua or from end customers. Depending on the stipulation, ProLangua can demand a revised or corrected version from the translator up to 6 months after the delivery of the document by the translator to ProLangua.

If the translator fails to resolve the claimed shortcomings within a reasonable period of time, ProLangua is entitled to resolve them through a different translator at the expense of the first translator or alternatively demand a reduction of pay or withdrawal from the contract.

Should the errors be serious [1] and it is assumed that a rework by the translator will not lead to an improvement; ProLangua can directly and immediately assign a second translator. The translator must bear the costs for this. Any claims for compensation will be passed on to the translator.

If the service is poorly or not delivered on the agreed date of issue, the translator is behind schedule. The translator must compensate ProLangua the resulting damages. ProLangua is entitled to set the translator a reasonable extension for the delivery of the translation (except serious shortcomings, see previous paragraph) and failing to complete this deadline, ProLangua can withdraw from the contract and claim compensation.

According to the criteria of the BDÜ (German association of translators and interpreters), it is advised that the translator takes out professional liability insurance.

The translator must inform ProLangua immediately, as soon as he is aware of any circumstances that may affect the due time delivery.

§ 8 Liability

ProLangua is only liable for damages based on intentional or grossly negligent breaches of duty by ProLangua, its legal representatives or agents. The same applies in the case of pre and additional contractual obligations, as well as in the case of damages and consequential damages. ProLangua's liability to damages under the Product Liability Act and by damages due to injury to life, body or health remains unaffected by this disclaimer.

§ 9 Exemption

The translator exempts ProLangua from any third party claims that are made to ProLangua on the basis of the translation. In particular this includes a claim regarding the content of the translation service and/or other trade mark rights of third parties (for example copyright laws). The exemption also includes the acquisition of arising costs of the legal prosecution and defence.

§ 10 Final provisions

The law of the Federal Republic of Germany excluding the UN sales law applies.

The venue for all disputes regarding the contract is Berlin.

Should individual terms of the respective contract between the parties be invalid or unfeasible or become invalid or unfeasible after the conclusion of the contract, the effectiveness of the respective contract incidentally remains unaffected.