Terms and Conditions for Freelance Translators

These terms and conditions for freelance translators apply to all transline units that do not have individual terms and conditions.

Freelance translators are asked to check with the individual transline company for which they will be working work, if differing terms and conditions apply for their contractual relation with that particular transline company.

Status is as of 1 May 2000. These terms and conditions as posted on this website are subject to future changes. (Please also read the website disclaimer.)

Business Terms and Conditions for Freelance Contractors

["transline " refers to the individual transline company that enters into the contractual agreement with the translator.]

1. These business terms and conditions apply to all aspects of order processing with freelance contractors, even if not expressly referenced in the individual orders. The acceptance of an order constitutes conclusion of a contract for work between the freelance contractor and transline . In no case does acceptance of an order establish a service contract, an employment relationship as defined in labor law, nor a commercial agency agreement.

2. The transline order form is an element of the contract for work, and defines the scope of work to be performed. The freelance contractor agrees to execute all work in exact accordance with the instructions of transline and/or the latter's client. The freelance contractor agrees to use supplied informational material for the translation and formatting.

3. Translation memory files, terminology and other pertinent data which have been developed in conjunction with the order shall be turned over to transline together with the contracted items. No entitlement to copyright shall derive from the fulfillment of the contract for work. If entitlement to copyright should arise in some other manner, all usage rights thereof will be transferred to transline and shall be paid for in full by settlement of the supplier's invoice.

4. The deadlines agreed to in the contract for work constitute an essential part of the contract with transline and are binding. If the deadline is exceeded, transline is no longer obligated to accept the service. Furthermore, transline can demand compensation for demonstrated damage which arises from the schedule overrun. If a contractual deadline or the contracted quality cannot be met, transline is to be notified upon recognition of this situation, even if the freelance contractor is not responsible due to negligence or culpability. The freelance contractor agrees to accept all necessary actions on the part of transline to ensure quality and adherence to the schedule.

5. Compensation for the work shall be in accordance with the transline fee list in effect for freelance contractors, or shall be agreed to separately in writing upon entry into the contract for work. The fees will be paid by transline four weeks after receipt of the invoice from the freelance contractor.

6. By entering into the contract for work, the freelance contractor agrees to declare the gross fees paid by transline for tax purposes in accordance with the provisions of the law. Freelance contractors who have opted for the value added tax will receive the fees plus the statutory VAT.

7. By accepting the order the freelance contractor agrees to keep in confidence the information which comes to his/her knowledge through performance of the service under the contract. If a special confidentiality agreement exists between transline and its customers, then the freelance contractor agrees to sign this agreement also with legally binding effect for himself/herself. In the event of violation of the confidentiality agreement, the freelance contractor is fully liable to transline .

8. The work under the contract shall be delivered to transline free of defects and in warranted quality. In the event of defects the freelance contractor agrees to make the necessary follow-up corrections at his/her own expense within the conventional grace period set by transline . If follow-up correction is not possible within the given period of time for reasons of time or fact, transline is entitled to produce the necessary quality at the expense of the freelance contractor.

9. If work performed under the contract for work is not suitable for delivery to the customer, and correction is not possible within the deadline, transline can demand the cancelation of the contract or in case the freelance contractor is responsible for the damages, transline may claim damages because of non-adherence to the contract. This does not exclude other claims for damages.

10. The freelance contractor guarantees transline strictest non-interference with the latter's customer relations, in particular the observance of secrecy concerning all information received from the customers of transline during the translation process. In the event of demonstrated violations of this principle, transline can claim both a contractual penalty and compensation for damages.

11. The place of jurisdiction for all disputes arising from these General Business Terms and Conditions and the contracts which are entered into between transline and freelance contractors are the courts of jurisdiction for Reutlingen, unless there are provisions of law to the contrary or a written agreement providing otherwise has been made.

12. Invalidity of individual provisions of these General Business Terms and Conditions does not affect the validity of the remainder. The parties to the contract agree to replace any invalid provision with a provision which achieves equivalent economic results.