Terms and Conditions for Translators and Agencies

§ 1 – General

(1) All existing and future legal transactions between the Toptranslation GmbH, Ferdinandstraße 29-33, 20095 Hamburg (referred to as Toptranslation) and translators or the agency (referred to in the following consistently as the translator, unless the agency is explicitly named), are entirely subject to the following terms and conditions. As part of an ongoing business relationship these terms and conditions shall apply to all subsequent orders, quotes, deliveries and services even without further explicit reference to them.

§ 2 – Eligibility and Qualifications

(1) The translator affirms that he has the qualifications referred to in the contract and that any personal information given is correct.

(2) Toptranslation has the right to demand the submission of appropriate documents from the translator to confirm this information and to store this data until his contractual obligations have been met.

§ 3 – Scope of Services

(1) Toptranslation will issue the translator with an offer for the translation of a specific text or a number of texts. Once the translator has accepted this offer, a translation contract is established between the parties under the terms referred to in the offer.

(2) The translator shall fulfill his obligations himself. This also applies to groups of translators (agencies). He is not authorised to call upon employees or third parties to perform this service without prior permission from Toptranslation. Should agencies be commissioned, the agency is obligated to carefully select and monitor the translator. The agency is obligated to furnish Toptranslation on request with the name of the specific translator selected, or to entrust a particular/another translator with the translation.

(3) The translation should be carried out according to proper professional principles. The translator shall only submit carefully translated texts. He is not authorised to submit partial translations. Toptranslation shall receive the translation in the form and time frame specified in the contract.

(4) The translator will be notified in good time as to how the translation should be carried out (intended purpose, data media to be used, number of copies etc.) as well as the information and materials needed to complete the translation. He shall translate the source text in the specified language properly and professionally and provide a translation without abridgements, additions or other changes in content. Translations shall be created in accordance with the standards of quality customary in the translation business, conveying the meaning of the source text by providing either a literal or free translation depending on the source.

(5) Should questions or uncertainties arise, the translator shall contact Toptranslation immediately. The translator is prohibited from contacting Toptranslation’s client directly.

(6) For quality assurance purposes Toptranslation is authorised to check samples of the texts that the translator has submitted, but it is not obliged to check translated texts.

§ 4 – Granting of Rights

(1) By transmitting his translation, the translator declares that he is the sole author and that no third parties have any further claims to the translation than those that existed when he received the source text. Agencies shall ensure that no third-party claims to the translation exist.

(2) By transmitting his translation, the translator grants Toptranslation exclusive rights to use his translation without restriction in terms of time, space and locality. This includes in particular the right to edit, amend, duplicate, publish or otherwise use the translation as well as all rights that the client needs to use the translation for its intended purpose.

(3) Toptranslation is authorised to grant or transfer rights of use to third parties, particularly to its clients, and allow them to use the translation as they see fit.

(4) The translator waives his right to be named or recognised as the author of the translation.

§ 5 – Fee

(1) The translator will receive the agreed fee as laid down in the contract. This will be based on the word, line or page count, language combination, difficulty, special field of the translation or be defined as a flat rate. The fee referred to in the contract is net, plus VAT at the current rate as applicable. The fee will be settled in Euros, unless a different currency has been agreed. The following definitions apply:

(2) Lines: 55 characters

(3) Pages: 30 lines

(4) The translator shall submit a proper invoice to Toptranslation by the end of a month at the latest for services rendered and either include the applicable VAT in the invoice, or provide a reason for its exclusion. Invoices are payable on the 15th and 30th of each month, however not before receipt of the invoice.

(5) The translator is responsible for paying tax on the income from translations according to the legal provisions applicable to him.

(6) Any costs and expenditure are included in the fee. Claims for the reimbursement of costs incurred in carrying out the translation service specified in the contract will only be accepted if they are verifiable and Toptranslation has previously agreed to them.

(7) The translator is not entitled to any advance payment. Nor is the translator authorised to invoice for partial translations.

§ 6 – Confidentiality

(1) The translator shall treat any information that he has acquired concerning Toptranslation and/or its clients, as well as any documents and materials he has received in the course of the contract as confidential. He may not use or exploit them, nor use, exploit or pass them on to third parties. Furthermore, the translator shall delete this data immediately after fulfilling the contract. Should the translator be required to revise or amend the translation subsequently, after he has deleted this material, Toptranslation will provide him with the necessary data.

§ 7 – Warranty Rights, Default

(1) Toptranslation holds warranty rights against the translator.

(2) Should the translator fail to rectify the claimed defects within an appropriate period, Toptranslation is entitled either to have the defects rectified by a third party at the translator’s expense, require a reduction in the translator’s fee, or withdraw from the contract.

(3) If a translation is not delivered or it is rejected, the translator shall be in default. The translator shall compensate Toptranslation for any damages incurred as a result. Toptranslation is entitled to set the translator an appropriate period of grace to revise the translation. Toptranslation may also withdraw from the contract and claim compensation for damages should this period of grace not be met.

(4) Should circumstances arise that may prejudice a prompt delivery, the translator must contact Toptranslation immediately.

§ 8 – Liability

(1) Toptranslation shall only be liable for damages incurred due to deliberate breach of duty or gross negligence on the part of Toptranslation, its legal representatives or vicarious agents. This also applies to pre-contractual breach of duty and breach of duty in regard to a sub-contract, as well as damages incurred due to defects and consequential damages. This provision does not affect Toptranslation’s liability as outlined in the Product Liability Act (BGB1. I S. 2198), nor its liability for damages arising from injury to life, limb and health.

§ 9 – Release

(1) The translator will release Toptranslation from all third-party claims that may be made against Toptranslation as a result of his translation. In particular, this includes any claims due to the content of the translation service and/or other third-party intellectual property rights. This provision also releases Toptranslation from bearing any costs incurred from legal action and legal defence as a result of such claims.

§ 10 – Final Provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on the Sale of Goods.

(2) The Place of Performance and Place of Jurisdiction for all disputes arising from the contract is Hamburg.

(3) Should individual provisions of the contract in question between the parties be ineffective or impossible to implement or become ineffective or impossible to implement after the contract has been concluded, this shall not otherwise affect the validity of the contract in question.

Ciara Rodriguez, Team leader Account Management, Toptranslation
Our words open borders

We look forward to your projects!

Request a quote clients@toptranslation.com