Lingo365 Terms and Conditions
These Terms and Conditions ("Terms") form the contract between Lingo365 ("the Company") and yourself ("the Translator") for the supply by the Company to the Translator of the Services (as hereinafter defined).
BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THIS SITE.
Table of Contents
- General Conditions
Lingo365 offers translators the opportunity to undertake translation jobs in return for remuneration.
- Acceptance of Conditions
To make use of Lingo365's services the translator must first apply by fully completing the application form on Lingo365’s website. With the application, the translator agrees to the TERMS OF SERVICE valid at that time.
With his/her application, the translator confirms that all his/her entered details are accurate, complete and truthful and undertakes to keep the information provided up to date. If such information is found to be false, incorrect or out of date, Lingo365 may block or discontinue the translator’s access to Lingo365’s services at any time.
Security of Login Data
The translator himself/herself is responsible for keeping his/her login data (login, password) private. Should an unauthorized third party gain knowledge of the translator's data, Lingo365 must be notified immediately.
Use of Lingo365 service
The translator has no entitlement to admission for the purpose of using Lingo365's services. Lingo365 has the right to change or even discontinue the operation of its services at any time.
Fail to comply with the conditions
In the event of failure to comply with these conditions, or any other right held by Lingo365, we reserve the right to close your translator's account and to take all the measures necessary to safeguard our interests.
- Amendments and additions to these TERMS OF SERVICE must be made in text form to be valid (letter, e-mail). This provision can also intentionally only be eliminated by agreement in text form. No other TERMS OF SERVICE shall be applicable.
- Lingo365 reserves the right to amend these conditions at any time. In the event of such an amendment, we would immediately put the new general conditions of use online. Following the publication of these updated conditions, Your active use of the services provided by Lingo365 will constitute your full acceptance of such conditions.
- 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.
- Use of Service
Acceptance of Job
Lingo365 will offer the translator translation jobs but is at no obligation to do so. If the translator accepts a translation job, he/she is obliged to perform a diligent translation of the provided text. The translator is not entitled to provide a partial performance on principle.
Discrepancies with the Assignment
If the translator discovers discrepancies in connection with the assignment in question, he/she will be obliged to inform Lingo365 of this immediately. This may, for example, concern the size and scope of the assignment as well as the quality and other conditions which may affect the translator’s ability to carry out the assignment to a level satisfactory to the client.
Violations of Content
The translator must NEVER
- Produce content which contains offensive comments towards any individual or corporate body, living or dead;
- Produce content that could infringe on the universal individual rights of an individual or corporate body;
- Provide content that is contrary to good morals, that encourages violence, hatred, racism, or that is considered illegal;
- Provide content that is erotic or pornographic.
- Provide any personal information or indication to the client
The translator indemnifies Lingo365 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.
To maintain a professional relationship, Lingo365 expects Lingo365’s suppliers to abstain from approaching Lingo365’s clients.
The Translator is strictly forbidden to try to obtain by whatever means the details of the client in order to contact them outside of the environment provided by Lingo365. Any translator doing so will have his/her account definitively cancelled and will lose all of his/her unpaid earnings.
It is at Lingo365's discretion to make alterations to translated texts without giving any reasons. If Lingo365 makes alterations to texts that the translator has delivered, the translator is not liable for the translation accuracy of the modified sections of text.
Deadline of Delivery
The translator is responsible for the quality of the translation and compliance with agreed deadlines.
The time allowed for completing the translation depends on the individual job. If the translation is not delivered within the agreed time, Lingo365 shall extend the deadline by a reasonable length of time. If the translator does not keep to this deadline, Lingo365 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. Lingo365 is further entitled to exclude the translator from further use of its services.
Complaints and Revisions
- Lingo365 may ask for revisions for client’s document within 6 months after the delivery.
- If the client considers that the content submitted does not completely meet their expectations, they can ask you to revise it.
- The customer is entitled to lodge a complaint within 7 days from receipt of the translated document.
- If it is shown that the customer is justified in making a complaint, the translator will bear financial responsibility for this.
- Grant of Rights and Confidentiality
- By submitting the text the translator grants Lingo365 the exclusive right to use and/or utilize the translation without any restrictions as to time, content or location.
- Lingo365 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.
- Lingo365 is also entitled to grant and/or transfer the above usage rights to third parties.
- The translator waives his/her right to be designated and/or named as the author.
- Information received directly or indirectly from a customer or Lingo365 in connection with a translation shall be treated as strictly confidential. Any element may at no time be passed on or revealed to anyone. Violation of these guidelines shall lead to immediate exclusion from Lingo365. Lingo36 will take all necessary and sufficient measures to protect its interests if a translator does not respect this confidentiality agreement.
- Payment and Warranty Rights
- The translator will receive remuneration for translation jobs accepted by Lingo365. The remuneration is calculated on the basis of the word count in the source language, the language combination and the subject category. The resulting remuneration is agreed between Lingo365 and the translator upon acceptance of the translation job.
- Remuneration for completed translations will be credited to the translator’s user account.
- At the end of each calendar month a credit note will be generated in PDF format which can be accessed from the translator’s user account. This credit note lists the translator’s total earnings for that month and will be considered as the translator's invoice to Lingo365.
- The total earnings will be transferred to the translator’s PayPal or Moneybookers, or Bank account on the end of the following calendar month.
- Payment can be transacted via PayPal, Moneybookers or bank transfer.
- The minimum transfer sum for payments by PayPal or Moneybookers is USD50. The translator will be liable for the transaction fees deducted by PayPal or Moneybookers.
- For bank transfers a 40 USD processing fee will be deducted from the translator’s earnings. The minimum transfer sum for bank transfers is USD1000.
- The translator must enter his/her payment details into his/her Lingo365 account in order for the payment to be transacted. Failure to do so may result in delayed payment.
- Lingo365 is entitled to postpone the payment to a different day, but no later than the end of the next month. Credit accumulated in the translator's account is not interest-bearing.
- Lingo365 explicitly states 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.
- If it transpires that the translated texts contain defects that are not merely minor in nature, Lingo365 is entitled to reduce the remuneration accordingly and/or put forward claims for damages. It is at the reasonable discretion of Lingo365 by how much the credit amount in the translator's account should be reduced, subject to review by the responsible court in case of dispute. The assertion of further claims and/or rights remains unaffected.
- If a project is terminated by the customer once work has already begun, the supplier is entitled to receive a prorated payment for the respective amount of completion. The compensation claim for the translator is in any event at least 25% of the agreed remuneration.
- The author gives Lingo365 the right to edit this invoice, automatically and on his/her behalf. This invoice serves as a receipt and will be used as a reference in the event of any potential accounts-related conflict between Lingo365 and the author.
Lingo365 does not guarantee the accuracy of data made available by third parties via Lingo365. Neither shall Lingo365 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 Lingo365's services without due authorization and have caused malfunctions, of whatever type and/or content, within the operation of Lingo365's online platform.
You accept that you use the services at your own risk and that these services are provided to you ‘as is’ and ‘subject to availability’. In particular, under no circumstances does Lingo365 guarantee:
- That your use of the services will meet your requirements;
- That your use of the services will be uninterrupted, possible at any time, reliable, and free of errors;
- That all of the information obtained following your use of the services will be accurate or reliable;
- That any malfunctions or problems with the availability of the services will be corrected. In addition, Lingo365 makes absolutely no guarantees or conditions of any kind, explicit or implicit, including but not limited to the implicit guarantees and conditions of market quality, of appropriateness for a particular use, and the absence of forgery.
Lingo365 cannot be held responsible for any direct, indirect, unintentional, unusual, consequential, or exemplary damages, however it may have been caused, and whatever the responsibility invoked, including but not limited to the direct or indirect loss of profits, the loss of fame or reputation, or the loss of data that you may suffer, and the costs of supplying goods or services or replacement services or any other non-material loss.