For tolingo GmbH, represented by Jens Völkel, Winterstraße 2, D-22765 Hamburg, Germany, HRB 102250, USt-ID: DE 814889279 (hereafter referred to as “tolingo”).
tolingo offer their users (hereafter customer) the opportunity to have texts and other documents translated for a fee through the tolingo website. The translations are carried out by tolingo or contracted translators. The realization and implementation of the respective contract is executed through use of the website tolingo.co.uk. In all cases the customer is the contractual partner of tolingo only, not the translator, who may be contracted by tolingo.
The customer may enquire about ordering a translation via the website tolingo.co.uk tolingo shall than consistently provide a quote and time sensitive price calculation to the customer online. The contract between tolingo and the customer becomes valid upon the customer’s order confirmation at tolingo.co.uk. Non-withstanding, tolingo is authorized to revoke the contract when, for reasons such as outlined in § 3, the rejection is justified. In the event of a rejection neither party is obliged to perform or claim reimbursement.
tolingo may base the contract execution on written verification of valid authorization for an advance payment, or submission of a bank declaration of surety.
Delivery deadlines are obligatory only if previously confirmed in writing by tolingo.
tolingo’s scope of services is determined based on the translation standard selected by the customer upon concluding the contract for the submitted text. In general, the customer can select from the three standards listed below for the requested translation:
The ‘AI’ standard is fast and focused on the essentials. tolingo’s artificial intelligence translates the text submitted by the customer. An experienced specialist translator then checks whether the key information has been properly translated and makes improvements if required.
The ‘Smart’ standard is a high-quality translation. The best way to an effective translation is selected based on the customer’s specifications. Relevant technology is only used if it improves the quality.
The ‘Premium’ standard is a superior translation carried out according to the four-eyes principle to meet the highest requirements. Two experienced translators who specialise in the respective subject area work on and translate the submitted text. The first person translates, the second person corrects and revises the text for style.
As a general rule, translations are limited to texts only. If the text to be translated contains images (e.g. graphics, comics etc.), the translation of those parts or the text as a whole may be rejected by tolingo. The same applies if the copy contains criminal or illegal content, if it is contrary to public morality, if the complexity exceeds the qualifications of the translators (medium standard) available to tolingo, or if other special circumstances make the processing of the text unreasonable for tolingo (for example, if a translation of reasonable quality is impossible in the period specified by the customer due to the difficulty level and/or size of the submitted text). No fee is payable in the event of rejection.
Nothing in these Conditions shall limit or exclude the Supplier’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to the above clause:
tolingo shall not be liable to the customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contractual agreement; and
tolingo’s total liability to the customer in respect of all other losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount charged by tolingo for the service.
Except as set out in these general terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
Unless specifically agreed upon in writing, tolingo does not guarantee that the respective translation is permissible or appropriate to the customer’s purpose. This applies especially in the event that the translation is published or used for marketing purposes. The customer exclusively bears all legal risks pertaining to the servitude or publication of the translated texts.
When items are created partially, or in whole, within the terms of the copyright law by the translation services, tolingo shall ensure that the customer may use and process the items in view of the provided translation, without restrictions as to area, content and time. (basic servitude and processing right). The right to modify and disclose the translation and its underlying rights to third parties is included.
Unless otherwise contractually agreed upon, tolingo shall provide the agreed services for billing the cost which is agreed upon contract formation (vgl. § 2.1) and the respective applicable value added tax.
The respective payment obligation is due without deduction upon receipt of the invoice. In the event of arrears tolingo reserves the right to charge default interest in the amount of 5% above the respective APR of the European Central Bank p.a. tolingo is entitled to the assertion of greater arrears damage and/or other claims. The customer is entitled to prove that no, or only insignificant damage occurred as a result of arrears.
Rights applicable to the translation (i.e. copyright, processing- and servitude right) are restricted from transfer until payment has been rendered in full.
The customer may charge against the claims of tolingo only with undisputed or legally determined claims. The customer may exercise a retention right only in the event of such counter claims that result from the same contractual agreement as the claims that are subject to retention right.
Relinquishing of rights resulting from this contract is not permissible without prior agreement of tolingo.
To the extent that any data or information belonging to the customer is personal data within the meaning of the Data Protection Act 1998 or equivalent legislation in the territory:
tolingo will process such data and information only in accordance with the customer’s instructions;
tolingo will not transmit such data and information to a country or territory outside the European Economic Area without the customer’s prior express written consent; and
tolingo will take such technical and organisational measures against unauthorised or unlawful processing of such data and information and against accidental loss or destruction of, or damage to, such data and information as are appropriate to the customer as data controller.
tolingo provides the service in compliance with these general business provisions only. All other general business provisions, regardless of their origin and content, are hereof not agreed.
These general terms and conditions apply to commercial clients for all future business transactions even if not expressly agreed upon
tolingo is entitled to modify or amend these general terms and conditions. The customer shall be notified of modifications or amendments. The customer is entitled to terminate the contract without 7 days notice upon receipt of the changes in the event the modifications or amendments are of a disadvantage to him/her; thereafter the modifications and amendments become valid
Validity of subsidiary agreements, positive assertions and other provisions as well as modifications and amendments of this contract must be in writing.
Contract enquiries addressed to tolingo outside the scope of service as outlined in number 3 are not affected by these business provisions. This includes especially: Additional Services such as DPT, print, HTML-files etc. These provisions shall be agreed upon separately
Place of execution for all contractual services is the business domicile of tolingo, currently in Hamburg, Germany.
Contracts executed on the basis of these general terms and conditions are subject to the Laws of Germany.
For commercial customers, the venue for legal disputes stemming from this contract is the business domicile of tolingo. This also applies in that the event the customer does not, or no longer has a legal national domicile, or his residence is unknown at the time of the charge. tolingo however, may also file suit at the customer’s domicile.
If a provision of this agreement should be, or become invalid in part, or as a whole, the remaining provisions thereof shall not be affected. Moreover, a provision coming closest to the invalid provision, renders an equal economic result and would have been agreed upon if the parties were aware of the invalid provision shall take its place.