Terms and Conditions

Contents

For our Customers

For our Interpreters and Translators

General Terms and Conditions of Use

As of January 2017

§ 1 General

lingoking is an internet portal for the brokering of language services, i.e. interpreting, telephone interpreting and translation services. The language services are provided through commissioned specialists. The respective contractual relations come about and are processed with the use of the lingoking platform.

The following conditions of use regulate the terms under which users may avail of the services offered by lingoking. In requesting a service, the customer expressly consents to these terms and conditions. The customer thereby acknowledges that he has read, has understood and accepts the conditions of use. These conditions of use and contracts alone apply for all customers even if the use or access takes place outside the Federal Republic of Germany.

lingoking shall have the right to amend these general terms and conditions. lingoking will only make such amendments for compelling reasons, in particular on the basis of new technical developments, changes in case law or other reasons of equal significance. If the amendment considerably distorts the contractual balance between the parties, the amendment will not be implemented. Otherwise, amendments require the agreement of the customer. When giving notice of the amendments, lingoking undertakes to advise the customer of the possibilities of objection and termination, the time limit and the legal consequences, particularly in respect of any failure to object. Consent to the amendment of the terms and conditions of use shall be deemed given if the customer does not object to the amendment or terminate the contract within one month of receipt of the notification of amendment. lingoking shall have the right to terminate the business relationship extraordinarily in the event that the customer objects to an amendment to the conditions of use.

§ 2 Registration

It may be possible or necessary, depending on the service, for the customer to register on the lingoking website. In this case, the customer shall be bound to complete the fields provided in the registration form truthfully and correctly. The customer must update the details in the user account at once if any change in the data provided occurs after registration.

In the registration process, the customer specifies a user name and password for access to lingoking (referred to below as “Access Details”). User names whose use infringes rights of third parties, in particular brand names or name rights, are not permitted. User names that are unlawful or that offend common decency are also not permitted.

The customer shall keep the Access Details confidential and safe from access by unauthorised third parties. If the customer misplaces the Access Details or discovers or suspects that the Access Details are being used by a third party, he must inform lingoking at once. lingoking does not accept any liability for losses caused by Access Details having fallen into the hands of third parties. lingoking will never ask the customer for his password.

In sending the data in the registration form, the customer makes lingoking an offer to conclude a contract of use for the platform. lingoking reserves the right to refuse registration by the customer without giving any reasons. As soon as lingoking accepts the offer of registration by the customer, the customer will be sent a confirmation e-mail with the registration details and an activation link. A contract of use for the platform will come about between lingoking and the customer upon receipt of this confirmation e-mail.

Only customers of full capacity have a right of use.

§ 3 Responsibility and prohibited content

The website may only be used for legally permitted purposes.

The services offered by lingoking may not be used to disseminate defamatory, pornographic or otherwise unlawful materials, to threaten or harass others, or to violate the rights of others (including personality rights).

Use of the services in a way that negatively affects the availability of the database or other lingoking services for other users is also prohibited. Users are responsible for ensuring that content posted by them is free from viruses, worms, Trojans or other programmes which may endanger or affect the functionality or the existence of lingoking or the websites of the users.

Contact data may only be exchanged via the platform to the extent that it is necessary for the successful processing of the respective contract.

It is prohibited to publish content such as the following on or via the lingoking website:

In the context of means of communication (e.g. e-mail), spam is also fundamentally prohibited; this includes in particular all messages which may be assumed to be unsolicited by the recipient.

lingoking is entitled to reject for publication, to modify, to block or to remove all content, posts and other information which violates the terms of use. Users have no claim against lingoking for the publication or exploitation of content, posts or other information, for the lifting of a ban or for the republication of already removed content, posts or other information.

In the case of violations, lingoking is entitled to block the entire account or parts thereof with immediate effect. The blocked user is not permitted to re-register under a different account or to use the platform in any other way. lingoking reserves the right to initiate legal proceedings and/or exercise claims (in particular claims to damages) against the user.

§ 4 Scope of performance

lingoking undertakes to perform the language services requested by the customer properly and professionally. Interpretations and translations will be rendered according to the literal or implied meaning of the original statement and the cultural mentality in accordance with the average generally accepted quality standards of the respective industry and the respective language area.

The product of the interpreting and telephone interpreting service is intended solely for use at the time it is rendered. Recording is only permitted by separate agreement and with the consent of the interpreter.

Technical terminology specific to the client can be taken into consideration following corresponding arrangement and if full and sufficient documents, e.g. previous translations or glossaries, are provided. These must be provided to the specialist before the start of any assignment. The exact process will vary according to the service and must be discussed with lingoking in good time before performance. Technical terms shall otherwise be translated in accordance with the quality standards pursuant to clause 1.

The specialist performing the assignment may reject or cease performance of the assignment if criminal or unlawful content is communicated, content breaches public decency, the complexity of the content exceeds the qualifications of the specialists available to lingoking (average standard) or other particular circumstances exist that make performance unconscionable for the specialist.

§ 5 Conclusion of contract

The customer can request the performance of an interpreting or translation assignment by lingoking via the lingoking website, by telephone or by email. lingoking will then normally make an offer on the basis of a quote sent by lingoking to the customer via the internet. This quote is valid for a limited time only. The contract will come about when the customer confirms the offer online on the lingoking platform, by e-mail or by telephone. Notwithstanding the foregoing, lingoking shall have the right to subsequently refrain from the contract if one of the reasons set out in § 4 (4) for rejecting the assignment pertains. No claims to compensation shall exist between the parties in the case of refusal.

The procedure for concluding the contract will be managed from the lingoking platform.

Unless agreed otherwise, quotes provided by lingoking are always non-binding and subject to change. lingoking may make the conclusion of the contract dependent on written evidence of due authorisation or a payment in advance. lingoking will save the text of the contract after conclusion and forward it to the customer by email on request.

Should a customer withdraw from the contract before an interpreting or translation assignment has been performed, the following regulations shall apply:

The customer shall be at liberty to demonstrate that lingoking has not suffered any loss or that the loss suffered by lingoking is less than the lump-sum compensation demanded.

This does not affect the provisions on the right of revocation.

§ 6 Acceptance, duty to notify of defects, warranty

The full statutory warranty rights apply. Any obvious defects in the service received (e.g. telephone interpreting, on-site interpreting, translations) must be notified in text form, stating the defect, immediately after the service has been performed or received (duty to notify defects). If lingoking is not notified of any defects within 14 days, the service will be deemed accepted (§ 640 BGB [German Civil Code]). These provisions do not affect claims based on warranty for non-commercial customers.

§ 7 Liability

lingoking will have unlimited liability for loss of life, physical injury or damage to health. lingoking will also be liable for slight negligence in the event of a breach of cardinal duties, but limited to the typical foreseeable losses. Cardinal duties are those contractual duties without whose fulfilment the contract cannot be duly performed in the first place and on the observance of which the customer normally relies and is entitled to rely. Typical foreseeable losses are those that fall within the protective purpose of the contractual or legal norm that was violated. lingoking will otherwise not be liable in the case of slight negligence. These liability limitations shall also apply for the institutions and vicarious agents of lingoking.

Unless expressly agreed in text form, lingoking does not offer any warranty that the respective service is permitted or suitable for the purpose intended by the customer.

§ 8 Remuneration and payment terms

Unless otherwise contractually agreed, lingoking will invoice the customer for the agreed services on the applicable terms plus value-added tax at the prevailing rate. The customer may only pay in euros with discharging effect using the payment methods made available by lingoking.

§ 9 Prohibition of enticement

The customer undertakes not to entice and/or to employ without the consent of lingoking throughout the contractual relationship and for a period of one year thereafter any interpreter or translator acting for lingoking. The customer undertakes to pay lingoking a contractual penalty in the amount of EUR 5,001.00 for every case of culpable infringement.

§ 10 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODS), which you can find here: http://ec.europa.eu/consumers/odr/ We are neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

§ 11 Final clauses

Assignments sent to lingoking that are not covered by the scope of performance pursuant to § 4 are not subject to these terms and conditions. The terms for such services will be agreed separately.

If the parties have agreed for the written form to be required, this requirement is also deemed met by e-mail and fax.

These terms and conditions and contracts concluded on the basis of these terms and conditions are subject solely to the laws of the Federal Republic of Germany, to the exclusion of conflicts of laws provisions. Assignments placed by customers outside Germany shall remain subject to the mandatory legal provisions or the consumer protection regulations according to the case law of the respective country of residence and these shall apply accordingly.

The sole place of jurisdiction for customers who are merchants, public corporations or special funds under public law shall be Munich. However, lingoking shall also have the right to sue at the registered office of the customer.

FOR CUSTOMERS ONLY:

Cancellation policy

Right of revocation

You may revoke this contract within 14 days without giving reasons.

The revocation period is 14 days, starting on the day of the conclusion of the contract.

To exercise your right of revocation, you must notify us (lingoking GmbH, Neumarkter Str. 81, 81673 Munich, Tel: +49 (0)89/41612200, E-mail: info@lingoking.com) of your decision to do so by giving an unequivocal statement of withdrawal (i.e. via mail, fax or e-mail). For that purpose, you may use the enclosed specimen revocation form (not obligatory).

Timely despatch of the notice of revocation is sufficient for observance of the time limit.

Consequences of revocation

Should you revoke this contract, we are obliged to return immediately and within 14 days of receipt of your notice of revocation all payments made by you, including delivery expenses (excluding additional costs arising from an alternative choice of delivery, i.e. not the standard delivery covered by us). Refunds shall be made using the same payment method employed in the original transaction, unless otherwise specified by you. Any refund shall be free of charge.

Should you decide to exercise your right of revocation and have asked for services to commence during the revocation period, you are obliged to compensate us appropriately for any services rendered up until receipt of your notice of revocation regarding the contract in question; the amount payable for the services rendered is calculated proportionally on the basis of the total volume specified in the contract.

Special notice

By placing the assignment, the customer consents to lingoking commencing performance of service before the end of the revocation period. The customer is aware that they shall lose their right of revocation in the case of complete performance of contract by lingoking.

 

 

General Terms and Conditions of Use for Interpreters and Translators

As of January 2017

§ 1 General

lingoking is an internet portal for the brokering of language services, specifically interpreting, telephone interpreting and translation services. The language services are provided through commissioned specialists. The respective contractual relations come about and are processed with the use of the lingoking platform.

The following conditions of use regulate the terms under which an interpreter/translator can offer his services through lingoking. By registering with lingoking or accepting assignments, the interpreter/translator expressly consents to these terms and conditions. The interpreter/translator thereby acknowledges that he has read, has understood and accepts the conditions of use. These conditions of use and contracts alone apply for all interpreters/translators even if the use or access takes place outside the Federal Republic of Germany.

lingoking shall have the right to amend these general terms and conditions. lingoking will only make such amendments for compelling reasons, in particular on the basis of new technical developments, changes in case law or other reasons of equal significance. If the amendment considerably distorts the contractual balance between the parties, the amendment will not be implemented. Otherwise amendments will require the consent of the interpreter/translator. When giving notice of the amendments, lingoking undertakes to advise the interpreter/translator of the possibilities of objection and termination, the time limit and the legal consequences, particularly in respect of any failure to object. Consent to the amendment of the conditions of use will be deemed insofar as the interpreter/translator does not object to the amendment or terminate the contract within one month of receipt of the notification of amendment. lingoking shall have the right to terminate membership extraordinarily in the event that the interpreter/translator objects to an amendment to the conditions of use.

lingoking may assign its rights and obligations under this contract to a third company (such as a foreign company or an associated company) (transfer of contract). In the case of a transfer of contract, the member will have the right to terminate the contract with effect from the date of the transfer of contract.

Regulations that conflict with these conditions of use, in particular business terms of the members, are hereby expressly rejected. If these terms and conditions are not accepted, the website and the services of lingoking may not be used.

§ 2 Registration

It may be possible or necessary, depending on the service, for the interpreter/translator to register on the lingoking website. In this case, the interpreter/translator shall be bound to complete the fields provided in the registration form truthfully and correctly. The interpreter/translator must update the details in the membership account at once if any change in the data provided occurs after registration.

In the registration process, the interpreter/translator specifies a user name and password for access to lingoking (referred to below as “Access Details”). User names whose use infringes rights of third parties, in particular brand names or name rights, are not permitted. User names that are unlawful or that offend common decency are also not permitted.

The interpreter/translator shall keep the Access Details confidential and safe from access by unauthorised third parties. If the member misplaces the Access Details or discovers or suspects that the Access Details are being used by a third party, he must inform lingoking at once. lingoking does not accept any liability for losses caused by Access Details having fallen into the hands of third parties. lingoking will never ask the interpreter/translator for his password.

In sending the data in the registration form, the interpreter/translator makes lingoking an offer to conclude a contract of use for the platform. lingoking reserves the right to refuse registration by the member without giving any reasons. As soon as lingoking accepts the offer of registration by the member, the interpreter/translator will be sent a confirmation e-mail. A contract of use for the platform will come about between lingoking and the member upon receipt of this confirmation e-mail.

Registration is only permitted for legal persons and natural persons of unlimited capacity. The registration of a legal person may only be made by a natural person who is authorised to do so; this person must be named. It is not permitted to create several membership accounts for the same natural or legal person.

lingoking is entitled to vary or even suspend the operation of its service at any time.

§ 3 Performance of the interpreter/translator, warranty

lingoking offers the interpreters/translators assignments, but is not obliged to do so. If the interpreter/translator accepts an assignment, he undertakes to perform the assignment carefully and in accordance with the usual quality standards in the industry. In order that they are able to diligently perform the tasks assigned to them, interpreters/translators may only involve themselves in languages and subject areas in which they have sound knowledge.

The interpreter/translator must take into consideration any technical terminology specific to the client, after corresponding agreement and upon presentation of the corresponding documents, e.g. previous translations or glossaries. The relevant documents will be provided in the preparatory phase before the start of each and every conversation. Technical terms must otherwise be translated in accordance with the quality standards pursuant to paragraph 1.

Time specifications of the customer must always be observed. The interpreters/translators undertake to notify lingoking at once if processing difficulties or foreseeable time delays should arise in the performance of the contract.

The interpreter undertakes to appear punctually for agreed appointments. Should an appointment not take place for reasons due to the interpreter (delay, no-show, etc.), the interpreter loses any claim to payment. In the case of culpable shortcomings of the interpreter, lingoking is entitled to reduce the interpreter’s fee and/or to exercise claims for damages. lingoking reserves the right to recourse against the interpreter in this case.

Should a customer justifiably make a claim against lingoking on account of defective performance by the interpreter/translator, lingoking is entitled to reduce payment to the interpreter/translator accordingly and/or to exercise claims for damages. The right to pursue other claims and/or rights remains unaffected.

§ 4 Professional secrecy, confidentiality

Documents and information that are received by the interpreter/translator from the customer or lingoking in connection with a translation shall be treated in strict confidence and may not be passed on to third parties, exploited or used without the prior written consent of the customer or lingoking unless the interpreter/translator is obliged to do so by law or on the basis of case law principles. The interpreter/translator shall take all suitable precautions to ensure confidentiality. The duty of absolute confidentiality shall continue to exist even after the collaboration has ended. Delivered documents, including all copies made thereof, and working documents and materials shall be returned on demand.

Terms agreed between lingoking and the interpreter/translator shall also be treated in strict confidence, particularly vis-à-vis the customer.

The interpreter/translator shall be liable in full for all losses suffered by the customer or lingoking as a result of a breach of these obligations. Infringements will result in immediate exclusion from lingoking and may result in legal action being taken. The duty of confidentiality shall also apply for the legal successors of the parties.

§ 5 Restrictive covenant

To preserve a professional relationship, lingoking expects of its interpreters/translators that they will not make direct contact with customers of lingoking above and beyond the performance of the service commissioned by lingoking. In particular, the interpreters/translators undertake not to accept any follow-up assignments from customers outside the lingoking platform. The interpreter/translator undertakes to pay lingoking a contractual penalty in the amount of EUR 5,001.00 for every case of culpable infringement. This does not affect the right to assert claims for damages.

§ 6 Legal infringements and rights of third parties, warranty

The interpreter/translator releases lingoking from all claims of third parties and/or other disadvantage that may arise from the interpreting. This includes in particular recourse on account of the content of the interpreting (breach of personality rights, etc.) and/or other property rights of third parties (e.g. copyright, name and brand rights).

Should a customer justifiably make a claim against lingoking on account of defective performance by the interpreter/translator, lingoking is entitled to reduce payment to the interpreter/translator accordingly and/or to exercise claims for damages. The right to pursue other claims and/or rights remains unaffected.

§ 7 Remuneration, payment and warranty rights

The remuneration of completed interpreting and translations will in principle be handled through the platform and credited to the user account there.

This remuneration will be calculated on the basis of the service rendered (e.g. minutes, hours, words).

If the customer withdraws by using the “Cancel” button within the first 3 minutes of a telephone interpreting assignment, this assignment will not be remunerated.

Should a customer of lingoking withdraw from the contract before an interpreting or translation assignment has been performed, the following regulations shall apply:

lingoking shall be at liberty to demonstrate that the interpreter/translator has not suffered any loss or that the loss suffered by the interpreter/translator is less than the lump-sum compensation demanded. This does not affect the rules on the right of revocation.

A credit note in PDF format will be generated by the 10th of the following calendar month. It will be sent by e-mail and/or may be accessed in the user account. This credit note will be deemed a rendering of accounts by the interpreter/translator. If the interpreter/translator is obliged to do so, value-added tax at the prevailing rate shall be shown on the credit note.

All earnings will be transferred by not later than the end of the following month.

Payments will generally be made via PayPal, Skrill or bank transfer. The interpreter/translator shall bear the cost of any transaction fees deducted or levied by the payment service provider or bank. The interpreter/translator shall himself ensure that he has a valid account with the corresponding payment provider for the receipt of payments.

The interpreter/translator must enter his payment information on his user account so that payment can be made.

No interest will be paid on the credit balance on the user account.

lingoking expressly points out that payments are taxable as income and that the interpreter/translator must indicate them as such on tax returns to his tax office.

§ 8 Liability

lingoking will have unlimited liability for loss of life, physical injury or damage to health. lingoking will also be liable for slight negligence in the event of a breach of cardinal duties, but limited to the typical foreseeable losses. Cardinal duties are deemed obligations whose fulfilment is essential for the due and proper performance of the contract and on the observance of which the interpreter/translator normally relies and is entitled to rely. Typical foreseeable losses are those that fall within the protective purpose of the contractual or legal norm that was violated. lingoking will otherwise not be liable in the case of slight negligence. These liability limitations shall also apply for the institutions and vicarious agents of lingoking.

lingoking in particular does not offer any warranty for the accuracy of the data provided by third parties through lingoking. lingoking will also not be liable for delays or deficiencies in performance arising as a result of the unclear, incorrect or incomplete transmission or issuance of an assignment. This shall apply in particular in cases in which third parties have obtained unauthorised access to the services of lingoking and have caused disruptions to operation, irrespective of the nature and/or content of such disruption.

§ 9 Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODS), which you can find here: http://ec.europa.eu/consumers/odr/ We are neither obligated nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

§ 10 Final clauses

Assignments sent to lingoking that are not covered by the scope of performance pursuant to § 3 are not subject to these terms and conditions. The terms for such services will be agreed separately.

If the parties have agreed for the written form to be required, this requirement is also deemed met by e-mail and fax.

This contract of use and contracts concluded on the basis of these terms and conditions are subject solely to the laws of the Federal Republic of Germany, to the exclusion of conflicts of laws provisions.

The sole place of jurisdiction for interpreters/translators who are merchants, public corporations or special funds under public law shall be Munich. However, lingoking shall also have the right to sue at the registered office of the interpreter/translator.

The German version shall always prevail in the event of uncertainties.

Non-disclosure agreement (NDA)

Any documents and information that the interpreter obtains from a user or from lingoking in conjunction with a translation shall be treated as strictly confidential, and shall not be shared with third parties, sold or used without prior written permission from the customer or from lingoking unless the interpreter is obligated to do so by law or based on case-law principles. The interpreter shall take all suitable precautions to ensure confidentiality. The obligation to maintain complete confidentiality shall apply even after the end of the collaboration. Upon request, all provided documentation, including all copies thereof and any work documents and materials, must be returned. The interpreter shall be fully liable for all damages that are incurred by the customer or lingoking due to a violation of these obligations. Violations shall lead to an immediate ban from lingoking and may result in legal action. The confidentiality obligation also applies to the parties’ legal successors.

Code of Ethics

The interpreter/translator shall exclusively accept jobs that meet the competence and language profile entered and confirmed with lingoking. The interpreter/translator must always be able to judge whether he/she can perform a job satisfactorily. If an interpreter/translator believes he/she is not qualified for a job, he/she must immediately inform lingoking of this, and the job can be refused without any claim to compensation. The interpreter/translator shall refrain from accepting jobs or entering into situations that could damage the reputation of the profession or of lingoking. The interpreter/translator can refuse to interpret conversations or any information that is insulting or that violates EU laws or directives. The interpreter/translator shall work to transmit statements precisely, with consideration for the content, meaning and cultural context of the original. The interpreter/translator shall convey everything that he/she understands. The interpreter/translator shall not make any changes or omissions, nor add anything that could change the meaning of the original. The interpreter/translator shall be well prepared for jobs and shall perform them in a punctual manner. The interpreter/translator shall always act professionally and in keeping with the professional code of ethics. The interpreter/translator shall have an exclusively professional relationship with the persons who use his/her services. He/she shall avoid dependent relationships between customers and interpreters/translators, and shall participate in the exchange exclusively as an interpreter/translator. The interpreter/translator shall strive to be impartial and shall not influence the exchange with advice or based on personal preferences or convictions. The interpreter/translator shall avoid all behaviors and actions that would suggest a preference toward one party to the conversation. The interpreter/translator shall inform the affected party of any actual or assumed conflict of interest that would impair his/her objectivity in performing the service. The interpreter/translator shall treat all involved parties with respect.

The interpreter/translator shall treat all parties to the conversation in a culturally competent, sensitive and respectful way. The interpreter/translator shall be polite, and shall not discriminate against conversation partners on the basis of gender, handicap, race, skin color, origin, age, socio-economic or educational status, or on the basis of religious or political convictions.

The interpreter/translator shall present all of the relevant certifications, qualifications and work experience needed by lingoking, in a true and complete manner. The interpreter/translator agrees to pursue consistent further education and expansion of knowledge, and to promote the profession through professional development and further education measures as well as through exchanges with colleagues and experts from similar areas. The interpreter/translator shall ensure a work environment that is suitable for interpreting. The interpreter/translator shall ensure a pleasant working atmosphere free from disruptive noise. The interpreter/translator agrees to maintain confidentiality about all circumstances and actions of which he/she becomes aware in conjunction with his/her work, as long as these are not in violation of applicable (penal) law. The interpreter/translator agrees to promote the best possible flow of conversation, and shall act as a moderator if necessary.