GTC of tolingo GmbH, represented by Hanno v. d. Decken, Planckstraße 13, 22765 Hamburg, Germany, Amtsgericht Hamburg (Hamburg District Court), HRB 102250, Sales Tax ID: DE 814889279 (subsequently referred to as "tolingo")

1. General

tolingo offers translators the opportunity to translate texts and other documents against remuneration via the medium of the Internet platform operated by tolingo, delivering those translations by the same means.

2. Registration/use of services

(1) To make use of tolingo's services the translator needs to register. For this purpose, the translator must fill in the form made available on tolingo's website in full. With the registration, the translator acknowledges tolingo's GTC valid at the time of registration. The translator can view the relevant GTC before the registration and at any time thereafter online and store or print them out, as required.
(2) With his/her registration, the translator confirms that all his/her entered details are accurate, complete and truthful. The translator undertakes to keep the details provided on the registration form up-to-date.
(3) After successful registration, tolingo shall verify the e-mail address provided by the translator by sending an e-mail, the receipt of which the translator shall confirm by clicking on a link. After a successful check of the registration procedure, the translator will be activated and will then be able to use tolingo's services. For this purpose, tolingo shall provide the translator with login data in the form of a username and a password.
(4) The translator himself/herself is responsible for keeping the assigned login data (login, password) secret. Should an unauthorized third party gain knowledge of the translator's data, tolingo must be notified immediately.
(5) The translator has no entitlement to admission for the purpose of using tolingo's services. tolingo has the right to change or even discontinue the operation of its services at any time.

3. Performance, delivery, check and acceptance of translations

(1) tolingo shall offer the translator translation jobs without being obliged to do so. If the translator accepts a translation job, he/she is obliged to perform a diligent translation of the provided texts. The translator is not entitled to provide a partial performance on principle.
(2) The translator is able to enter the translated version of the text into a text box in the user interface.
(3) tolingo shall check the texts submitted by the translator for quality assurance purposes. The translator does not have an entitlement for the submitted translations to be checked.
(4) It is at tolingo's discretion to make alterations to translated texts without giving any reasons. If tolingo makes alterations to texts that the translator has delivered, the translator is not liable for the translation accuracy of the modified sections of text.
(5) The processing time for performing the translation depends on the individual job. If the translation is not delivered within the agreed time, tolingo shall set the translator a reasonable period of extra time to deliver the translation. If the translator does not keep to this deadline, tolingo is entitled to withdraw from the contract and claim damages on the grounds of non-performance. In this case, the translator is not entitled to payment of any remuneration. tolingo is further entitled to exclude the translator from further use of its services.

4. Grant of rights and confidentiality

(1) By submitting the text the translator grants tolingo the exclusive right to use and/or utilize the translation without any restrictions as to time, content or location.
(2) tolingo is entitled in particular to store the submitted translation in full or in part, to change or process it, to duplicate it, to reproduce it publicly, or utilize it in any other way.
(3) tolingo is also entitled to grant and/or transfer the above usage rights to third parties.
(4) The translator waives his/her right to be designated and/or named as the author.

5. Infringements of rights and rights of third parties

The translator indemnifies tolingo from all claims by third parties and/or damages, including any legal defense costs that might result from the provision of the translator's translation services. This also covers claims against tolingo on account of the content of the translations (slander, libel, infringement of personal rights, etc.) and/or the infringement of the proprietary rights of third parties (such as copyrights, rights to names and trademark rights).

6. Remuneration, payment and warranty rights

(1) The translator shall receive a remuneration for translated texts accepted by tolingo. The remuneration is calculated on the basis of the text length, the language combination, the level of difficulty, and the category. The resulting remuneration is agreed between tolingo and the translator prior to job acceptance.
(2) A project account shall be set up for each translator after successful registration within the meaning of Section 2, to which the remuneration for the translations accepted by tolingo shall be credited.
(3) Payment shall be made on the 15th of every month. International transfers (outside of Germany) will not be transacted unless the user account contains credit of at least EUR 200. Until the minimum payout sum of EUR 200 is reached, the total sum will remain credited to the user account. There is no minimum payout sum for payments by PayPal, Moneybookers or transfers within Germany. tolingo is entitled to postpone the payment to a different day, but no later than the end of the month. Credit accumulated in the translator's account is not interest-bearing.
(4) At the time of payment, a credit note is generated in PDF format that the translator can access in his/her translator account. This credit note is considered as the translator's invoice to tolingo. If the translator is liable to sales tax, the invoice must show the applicable sales tax.
(5) tolingo points out explicitly that payments represent translator's income and are as such subject to income tax and must therefore be reported by the translator to his/her tax office.
(6) If it transpires after acceptance of the submitted translations that the translated texts contain defects that are not merely minor in nature, tolingo is entitled to reduce the remuneration accordingly and/or put forward claims for damages, if justified claims are made by tolingo's clients against it. It is at the reasonable discretion of tolingo by how much to reduce a credit amount in the translator's account in this context, subject to review by the responsible court in case of dispute. The assertion of further claims and/or rights remains unaffected.

7. Liability

(1) tolingo shall be fully liable in case of injury to life, limb or health as well as gross misconduct (gross negligence or intent). In case of impossibility and default as well as in case of breach of material contractual obligations (so-called cardinal obligations), tolingo shall also be liable in cases of slight negligence, but then limited to the typical foreseeable damage. Cardinal obligations are contractual obligations whose fulfilment actually make the orderly execution of the contract possible and on whose fulfilment the ordering party regularly relies and also should be able to rely. Typical foreseeable damage is the type of damage that relates to the protective purpose of the respective breached contractual obligation or legal standard according to objective criteria. Otherwise, tolingo shall not be liable in cases of slight negligence. The above-mentioned limitations of liability also apply to the bodies and vicarious agents of tolingo.

(2) tolingo does not guarantee the accuracy of data made available by third parties via tolingo. Neither shall tolingo be liable for delays or defects in performance that are the result of unclear, incorrect or incomplete order conveyance or placement by third parties, including incorrect data input. This applies in particular in cases where third parties have obtained access to tolingo's services without due authorization and have caused malfunctions, of whatever type and/or content, within the operation of tolingo's online platform.

8. Data backup

(1) tolingo shall perform regular data backups for the data stored in the translator's customer account at tolingo. In the event of a loss of data, tolingo shall strive to rectify the loss of data immediately. This does not affect tolingo's liability pursuant to Section 7 of these Terms and Conditions.
(2) The translator himself/herself is responsible for ensuring data backup for his/her translation services.

9. Side agreements and amendments to the GTC

(1) There are no verbal side agreements. Amendments and additions to these GTC must be made in text form to be valid (letter, fax, e-mail). This provision can also intentionally only be eliminated by agreement in text form. No other GTC shall be applicable.
(2) tolingo is entitled to make amendments or additions to its GTC at any time. The translator shall be informed about any such changes in text form via letter, fax or e-mail and by the updated GTC being placed on tolingo's website. Unless the translator objects within a period of 10 working days in text form, his/her conduct is considered to constitute approval of the new GTC.

10. Final provisions

(1) The laws of the Federal Republic of Germany apply.
(2) Place of jurisdiction for all disputes arising from the contractual relationship is Hamburg, assuming that the translator is a general merchant. Otherwise the statutory places of jurisdiction apply.
(3) Any transfer of rights and responsibilities from the contractual relationship requires tolingo's approval in text form to be valid.
(4) Should a provision of this agreement be or become ineffective in full or in part, this shall not affect the effectiveness of the remaining provisions. Instead, the ineffective provision shall be replaced by a replacement provision that corresponds to or at least approximates the purpose of the agreement that the parties would have made to achieve the same economic effect had they known of the ineffectiveness of the provision. The same applies accordingly to a gap in the provisions.