General
Terms & Conditions.
of tolingo GmbH, represented by Jens Völkel, Winterstraße 2, D-22765 Hamburg, Hamburg District Court, HRB 102250, VAT ID: DE 814889279 (hereinafter referred to as “tolingo”). Effective since October 11, 2016.
Content
- General
- Contract Conclusion
- Scope of Services
- Acceptance, Complaint Obligation, and Rectification
- Liability, Warranty, and Limitations
- Termination or Cancellation of the Contract
- Usage Rights
- Payment and Terms of Payment
- Set-Off, Retention Rights, and Assignment Prohibition
- Non-Solicitation Clause
- Validity of the Terms and Conditions
- Final Provisions
- Right of Withdrawal
TABLE OF CONTENTS
General
1. tolingo is an online platform for the provision, use, and exploitation of translation services. As the operator of the platform, tolingo offers clients the opportunity to have texts translated for a fee via the tolingo platform. The translations are carried out either by tolingo itself or by contracted translators. The establishment and handling of contractual relationships take place via the tolingo platform.
2. The use of tolingo requires registration. Registration is permitted only for legal entities and natural persons of full legal capacity and legal age. The registration of a legal entity may only be carried out by an authorized natural person who must be explicitly named.
3. Creating multiple member accounts for the same natural or legal person is not allowed.
Contract Conclusion
1. The client can request a translation order via the tolingo website. Typically, tolingo will then submit an offer based on a price calculation transmitted to the client via the internet and valid for a limited time. The contract is concluded when the client confirms the offer online on the tolingo platform. Notwithstanding this, tolingo reserves the right to withdraw from the contract if one of the reasons stated in Section 3, Para. 3 for rejecting the text applies. In the event of rejection, there are no performance obligations or (compensation) claims between the parties.
2. The contract conclusion process is managed by the tolingo platform. Unless otherwise agreed, price calculations by tolingo are always non-binding. tolingo may condition the contract conclusion on the submission of written proof of proper authorization, an advance payment, or a guarantee statement from a German bank. Delivery dates are binding only if previously confirmed by tolingo in writing. The contract text is stored by tolingo after the conclusion of the contract and will be sent to the client upon request via email.
Scope of Services
The scope of services provided by tolingo is determined by the translation standard chosen by the client during the contract conclusion process for the submitted text. The client can choose between the following three standards for the desired translation:
AI
The "AI" standard is fast and focused on essentials. tolingo's artificial intelligence translates the text provided by the client, and an experienced professional translator then reviews it to ensure the core information is correctly translated and makes corrections if necessary.
Smart
The "Smart" standard represents a high-quality translation. The best approach for an effective translation is chosen according to the client's specifications. Relevant technology is only used if it enhances the quality.
Premium
1. The "Premium" standard is a 4-eye-plus product for the highest demands. Two experienced professional translators specializing in the relevant field prepare and translate the provided text. The first person translates, and the second person corrects and stylistically revises it.
2. Generally, only texts are translated. If the text to be translated contains images (e.g., graphics, comics, etc.), tolingo may reject the translation of these parts or the text as a whole. The same applies if texts contain illegal or unlawful content, violate public morals, exceed the qualifications of the translators available to tolingo (medium standard), or under special circumstances that make processing the text unreasonable for tolingo, such as if the difficulty and/or scope of the submitted text make a translation of acceptable quality within the client-specified timeframe impossible. In the case of rejection, no payment obligation arises.
Acceptance, Complaint Obligation, and Rectification
1. After translation, the translated text is made available to the client as a data file on the tolingo server for download. At the same time, the client is notified via email about the completion of the order, including the storage address for downloading to their local hard drive/cache.
2. Obvious defects in the translation must be reported immediately in writing, specifying the defects upon download in commercial transactions or upon receipt for other delivery methods (obligation to complain).
3. Hidden defects must be reported immediately upon discovery. In non-commercial transactions, the client has 14 days from receiving notification of the translation's availability for download to raise complaints in writing. If no complaint is received by tolingo within this 14-day period, the translation is considered accepted (§640 BGB). tolingo is obliged to explicitly inform the client when notifying them of the download availability that the translation will be considered accepted if no complaint is raised within the 14-day period. Warranty claims by non-commercial clients remain unaffected by the above provisions.
4. Alternative delivery methods, such as mail, email, or fax, are only carried out upon express agreement.
5. The commercial client is responsible for the download process to their local hard drive/cache and releases tolingo from any liability in this regard. If alternative delivery methods (mail, email, fax) are explicitly agreed upon, the risk transfers to the client upon delivery to the carrier or sending of the corresponding fax/email.
6. If the translation deviates from contractual requirements, the client must set a reasonable deadline of at least 14 days for tolingo to rectify the issue. Rectification is excluded if the deviations are caused by the client, e.g., through incorrect or incomplete information or faulty original texts.
7. After the deadline expires, the client may request contract cancellation or a reduction in payment (abatement) if the defect has not been remedied on time. Claims are excluded if the deviation only slightly reduces the translation's value or usability.
Right of Withdrawal
For contracts with consumers, the following applies:
RIGHT OF WITHDRAWAL
You may revoke your contractual declaration within 14 days without stating reasons in written form (e.g., letter, fax, email). The withdrawal period begins upon receipt of this instruction in written form, but not before the conclusion of the contract and not before the fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 Paras. 1 and 2 EGBGB, and not before the fulfillment of our obligations under § 312e Para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice on time. The withdrawal must be addressed to:
Postal Address: Winterstraße 2, 22765 Hamburg
Fax: +49 (0)40 413 583 499 (9 cents/min from German landlines, max. 42 cents/min from German mobile networks)
Email: info@tolingo.com
CONSEQUENCES OF WITHDRAWAL
In the event of a valid withdrawal, both parties must return the received services, and any derived benefits (e.g., interest) must be returned. If you are unable to return the services received or can only return them in a deteriorated condition, you may be required to provide compensation for the value. This may mean that you still have to fulfill your contractual payment obligations for the period up to the withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you upon sending your withdrawal declaration, and for us upon receipt of it.
Your right of withdrawal expires prematurely if the contract has been fully performed by both parties at your express request before you have exercised your right of withdrawal.
End of the right of withdrawal notice