Terms and Conditions for
Translators

General Terms and Conditions of Use for Vendors

General Terms and Conditions of Use for Vendors (translators and other service providers) of tolingo GmbH, represented by Jens Völkel, Winterstraße 2, D-22765 Hamburg, registered at Hamburg District Court, HRB 102250, VAT ID: DE 814889279 (hereinafter referred to as "tolingo").

 

General

tolingo offers vendors the opportunity to edit texts, files, and other documents via the online platform operated by tolingo in exchange for remuneration and to upload them to tolingo.

 

Registration/Use of Services

1. Registration is required to use the services of tolingo. Completing the form on the tolingo website is necessary for registration. By registering, the vendor accepts these General Terms and Conditions of Use (hereinafter: GTC) of tolingo. Vendors can review the GTC before registration and access, save, or print them at any time online.

2. By registering, the vendor assures that all information provided is accurate, complete, and truthful. The vendor agrees to keep the information provided in the registration form up to date. Should it become apparent that information is incorrect, inaccurate, or outdated, tolingo is entitled to block or terminate the vendor's access.

3. After successful registration, the vendor's specified email address must be verified. An email containing a link will be sent to the specified address, which the vendor must confirm by clicking the link. Once the registration is successfully verified, the vendor will be authorized to use the services of tolingo.

4. The vendor is responsible for maintaining the confidentiality of their login credentials (login, password). If this data falls into unauthorized hands, tolingo must be notified immediately.

5. The vendor has no entitlement to access the services of tolingo. tolingo reserves the right to modify or discontinue its service at any time.

 

Performance, Delivery, Review, and Acceptance of Translations

1. tolingo offers vendors assignments but is not obligated to do so. If the vendor accepts an assignment, they agree to submit only carefully translated, proofread, or edited texts or other processed files. Partial services are not permitted. All translation and other services must be performed manually. Machine-generated translations are not allowed.

2. To ensure quality, tolingo will review the texts or files submitted by the vendor. The vendor is not entitled to a review of the submitted texts or files.

3. The vendor is responsible for the quality of the service and adherence to agreed deadlines.

4. tolingo reserves the right to modify translated, proofread, or edited texts or other processed files submitted by the vendor without providing reasons. If tolingo makes changes to texts, the vendor is not liable for the accuracy of the altered text segments.

5. The processing time for a service depends on the assignment. If the translation, proofreading, editing, or other processed file is not delivered within the agreed time, tolingo will set a reasonable grace period for the delivery of the service. If the vendor fails to meet this deadline, tolingo is entitled to withdraw from the contract and claim damages. In such cases, the vendor is not entitled to compensation. Furthermore, tolingo may revoke the vendor's access to its services.

 

Right to Complain

1. If the vendor identifies discrepancies related to an assignment, they are obligated to notify tolingo immediately. This may include issues such as the scope of an assignment, quality, or other conditions affecting the vendor's ability to execute an assignment to the client's satisfaction.

2. Clients are entitled to file complaints within 14 days of receiving the translated documents, as per the terms and conditions of sale and delivery.

3. If a client's complaint is deemed justified, the vendor is initially required to correct the translation free of charge. Additionally, the vendor bears the costs up to the value of the corresponding fee for the criticized translation.

 

Granting of Rights and Confidentiality

1. By submitting the text or processed file, the vendor grants tolingo the exclusive right to use and/or exploit the services without restrictions in terms of time or geography.

2. This includes the right to store, modify, or edit the submitted translation services in whole or in part, reproduce, publicly share, or otherwise exploit them.

3. tolingo is also authorized to grant or transfer the aforementioned rights to third parties.

4. The vendor waives their right to be named as the author.

5. Information received by the vendor from a client or tolingo in connection with a service must be treated with strict confidentiality. Documents, reference texts, and information may not be shared at any time without the express consent of tolingo. Violations of these guidelines will result in immediate exclusion from tolingo and may also lead to legal proceedings.

 

Non-Compete Clause

To maintain a professional relationship, contractors are prohibited from contacting tolingo's clients.

 

Legal Violations and Third-Party Rights

The vendor indemnifies tolingo against all third-party claims and/or other disadvantages that may arise from the delivery of translation services. This includes claims related to the content of the translation services (e.g., defamation, insult, violation of personal rights) and/or other third-party rights (e.g., copyright, name, and trademark rights).

 

Payment, Warranty, and Rights

1. The vendor receives remuneration from tolingo for translated, proofread, or edited texts or other processed files. The remuneration is calculated based on the word count of the text, the language combination, the level of difficulty, and the subject category. By agreement, the number of pages or hours can also be used to calculate the remuneration. The resulting remuneration is visible to the vendor before accepting the assignment.

2. Payment for completed services will be credited to the vendor's account.

3. At the end of each calendar month, a credit note in PDF format is generated, which can be accessed in the vendor's account. This credit note serves as an invoice issued by the vendor. If required, the applicable VAT must be stated on the invoice. Vendors are obligated to notify tolingo at the beginning of each calendar year whether their revenues are subject to VAT.

4. The total earnings will be transferred to the bank, PayPal, or Skrill account specified in the vendor account on the 15th of the following month. If the 15th falls on a Saturday, Sunday, or public holiday in Germany, the payment will be made within the next two working days.

5. tolingo reserves the right to postpone payment to another date, but no later than the end of the following month. The balance in the vendor account does not earn interest.

6. Payments are made via bank transfer.

7. The vendor must enter their payment information into their account to enable payment. The vendor is responsible for the accuracy of the payment information; otherwise, the payment may be delayed. Changes to payment information can only be considered if made by the 28th of the month for the next payment on the 15th of the following month.

8. tolingo expressly states that payouts are taxable income and must be reported to the vendor's tax office accordingly.

9. If it is determined after delivery that the translated, proofread, or edited texts or other processed files have significant defects, tolingo reserves the right to reduce the payment accordingly and/or claim damages to the extent justified by their clients. tolingo also has the discretion to deduct amounts from the vendor's account balance. The assertion of additional claims or rights remains unaffected.

10. If a client cancels an order and the vendor has already started processing it, the vendor will receive partial remuneration proportional to the level of completion.

 

Liability

1. tolingo is fully liable for injury to life, body, or health. In cases of impossibility and delay, as well as for breaches of essential contractual obligations (so-called cardinal obligations), tolingo is also liable for slight negligence, but this liability is limited to typical, foreseeable damages. Cardinal obligations are those contractual obligations that make the proper execution of the agreement possible in the first place and on whose compliance the client regularly relies and is entitled to rely. Typical, foreseeable damages are those that fall under the protective purpose of the breached contractual or statutory provision. In other cases, tolingo is not liable for slight negligence. The aforementioned limitations of liability also apply to tolingo’s legal representatives and agents.

2. tolingo does not guarantee the accuracy of data provided by third parties via its platform. tolingo is also not liable for delays or execution errors caused by unclear, incorrect, or incomplete order transmission or input errors. This particularly applies to cases where third parties gain unauthorized access to tolingo’s services and cause operational disruptions of any kind or content.

 

Data Backup

1. tolingo regularly performs data backups for data stored in each customer account on its platform. In the event of data loss, tolingo will make efforts to promptly resolve the issue. This is subject to tolingo’s liability as outlined in Section 9 of these Terms and Conditions.

2. The vendor is responsible for ensuring data backup regarding their services.

 

Amendments and Ancillary Agreements

1. No verbal ancillary agreements exist. Amendments or additions to these GTC must be in written form (letter, fax, email) to be effective. This also applies to a waiver of the written form requirement. Other GTC do not apply.

2. tolingo reserves the right to amend or supplement these GTC at any time. Vendors will be informed via text form (letter, fax, or email) and through the updated GTC on tolingo’s website. If the vendor does not object in writing within 10 business days, their behavior will be considered consent to the new GTC.

 

Final Provisions

1. The law of the Federal Republic of Germany applies, excluding its conflict of laws rules.

2. The place of jurisdiction for all disputes arising from the contractual relationship is Hamburg, insofar as legally permissible.

3. Transfers of rights and obligations arising from the contractual relationship require the written consent of tolingo to be effective.

4. Should any provisions of this agreement be or become invalid, this does not affect the validity of the remaining provisions. An invalid or unenforceable provision must be replaced by a valid or enforceable provision that comes as close as possible to the economic result of the provision to be replaced. The same applies to regulatory gaps.