Terms and Conditions for Freelance
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
["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
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
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
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