TextKing

GTC of TEXTKING AG, represented by Christine Eberle and Hakan Öktem, Hauptstrasse 17 , CH-8598 Bottighofen and hereinafter referred to as “TEXTKING.”

1. General
2. Terms of use
3. Instructions for Performance, Delivery, Review and Acceptance of Translations
4. Rules for Complaints
5. Turn-over of Rights to Use
6. Confidentiality
7. Infringement and Third Party Rights
8. Compensation, Payment and Guarantee
9. Liability
10. Data Security
11. Noncompetition Clause
12. Side Agreements
13. Changes to Terms and Conditions
14. Final Clause

1. General

TEXTKING offers an Internet platform through which the translator has the opportunity to translate texts and other documents for compensation.

2. Terms of use

Registration is required in order to use the TEXTKING service. In order to register it is necessary to completely fill in the Internet form provided. Upon registration the translator accepts, from the date of such registration, the, at that time valid, General Company Terms and Conditions of TEXTKING. The translator hereby affirms that all information provided by him/her is correct, complete and truthful and obligates him-/herself to keep such information current. In the event it is determined that information given is false, incorrect or not current, TEXTKING has the right, at any time, to block or discontinue the translator’s access.

After successful registration the email address provided by the translator must be verified. To accomplish this, an email will be sent to the provided address, which the translator will confirm by clicking on the appropriate link. Upon successful verification the translator will be cleared to use the service.

Each translator is responsible for the security of his/her personal login information (login name and password). In the event such information falls into the hands of an unauthorized third person, TEXTKING should be informed immediately. Admission to the service is not a matter of right. TEXTKING has the right to change or even discontinue the operation of its service at any time.

New users receive a confirmation email to confirm user name, and password. Every now and then users receive information about our products & services and our newsletter. Should you wish to no longer receive information or newsletters from us you may request that your name be removed from the mailing list by sending an email to unsubscribe at textking dot com or by contacting privacy at textking dot com.

 

3. Instructions for Performance, Delivery, Review and Acceptance of Translations

TEXTKING acquires clients and offers translation tasks, but is not obligated to do so. If the translator accepts an offered task, he/she obligates him-/herself to translate the text with the highest standard of care. He/she is not entitled to partial performance.

For quality assurance purposes, TEXTKING reserves the right to conduct a review of texts submitted by the translator. However, the translator has no right to have his submitted translations reviewed. The translator is fully responsible for the quality of the translation and for delivery thereof within the agreed time. TEXTKING may change translated texts without giving any reasons. If TEXTKING makes changes to translated texts, the translator is not responsible for the accuracy of the changed text passages. The translator herewith declares his/her agreement that TEXTKING and the client may make any changes to submitted translations.

The time provided for accomplishing a translation will vary from task to task. If a translator does not deliver the translation within the agreed time, TEXTKING will establish an appropriate extension of time for the translator. If the translator is unable to complete the translation within the extended time, TEXTKING has the right to withdraw from the contract and make a payment of actual damages. In this case, the translator has no claim for the payment of compensation.

4. Rules for Complaints

If the translator determines, in connection with an agreed task, that differences exist between the requirements of the task and his/her professional abilities, he/she is obligated to promptly inform TEXTKING of same. This can, for instance, concern the scope, as well as the quality, of certain tasks which asks too much of the ability of the translator to perform the task to the satisfaction of the client.

The client correspondingly has the right to lodge a claim with TEXTKING within 14 days of the receipt of translated documents. In this case, the translator must make improvements according to the requirements of the client within the time established by TEXTKING. If this does not happen, the task will be withdrawn from the translator without compensation. If the text is not accepted by the client after improvements have been made, the translation will reviewed by TEXTKING with reference to the reasons given by the client. In such case TEXTKING will make the final decision, which is binding on both the client and the translator.

If a translation is refused, based on unfounded or insufficient reasons, TEXTKING has the right to reject the client’s refusal. In such case the translation will be deemed completed and the translator will be compensated. This result is not reversible.

5. Turn-over of Rights to Use

Upon delivery of texts the translator relinquishes to TEXTKING the exclusive right to use the translation results, with regard to all time and space, for all known and future uses including, without limitation, use and/or exploitation and/or transfer to third persons. The foregoing includes, without limitation, the right to save, in whole or in part, to change or rework, to duplicate, to make available publicly, or to exploit in any way the transmitted translation results. The translator gives up his right to be described as the originator and/or to be named.

6. Confidentiality

Information which the translator receives from a client or TEXTKING in connection an assignment request and the subsequent translation, must be maintained by the translator in the strictest confidence. At no time may documents, reference texts and information be transmitted to others without the written consent of TEXTKING. Violation of this guideline will result in immediate lockout from the TEXTKING platform. TEXTKING reserves for itself the right to assert claims for damages.

7. Infringement and Third Party Rights

The translator affirms that all copyrights to translated texts remain with the translator. Furthermore, the translator affirms that translations submitted by him/her are free of protected rights of third persons. The translator holds TEXTKING harmless from all claims by third persons and other losses, which could come into being from a demand arising out of damage due to defective or misleading text contents, damage to reputation, libel, invasion of the right to privacy and other protected rights of third persons (for instance copyright, trade name and trademark) which could arise from the delivery of translation results. The expenses of legal defense and legal representation are for the account of the translator.

8. Compensation, Payment and Guarantee

The translator receives compensation from TEXTKING for translations of accepted texts. The compensation is calculated from the word count of the text, linguistic combination, level of difficulty (text type), quality level, delivery date and category. The resulting remuneration is made known to the translator before his/her acceptance of the assignment. The compensation for completed translations will be credited to the TEXTKING account of the translator. At the end of each calendar month a credit note in PDF format will be generated, which can be accessed in the TEXTKING profile. This credit note is effective as a tendering of account to the translator. Depending on whether the translator is obligated, the then applicable Value Added Tax will be identified on the statement. When the sum exceeds € 200, the total earnings will be automatically paid to the translator by the 15th of the following month. Payment may be made through PayPal or by bank transfer. No transfer fee will be charged for PayPal payments for bank transfers within Europe. For bank transfers elsewhere in the world, a transfer fee of € 5 will be deducted from the earnings of the translator. Any charges assessed by the translator’s bank shall be paid by the translator. Transaction fees charged by PayPal shall likewise be paid by the translator.

Payment of a balance less than € 200 must be requested manually by the translator. Payment will then be made within 5 business days. Manual requests for payment by the translator will be subject to a service fee, which can be consulted under the “Billing” area of the TEXTKING account. The translator is obligated to enter his payment and account information into his user profile. Payment may be delayed if he/she does not fulfill this requirement.

TEXTKING explicitly points out that amounts taken in as income are liable to tax and, accordingly, are declared as taxable by the translator at his/her tax office.

For customers seeking a price reduction on the grounds of major or significant shortcomings in performance on the part of TEXTKING, TEXTKING has the right to reduce the compensation paid and demand compensation for damages to the extent it finds the customer’s claim to be valid. The amount of the deduction from the translator’s account is within the discretion of TEXTKING, and without prejudice tothe enforcement of other claims and/or demands. The translator is obligated to enter his payment and account information into his user profile. Payment may be delayed if he/she does not fulfill this requirement.

TEXTKING explicitly knows that amounts taken in as income are liable to tax and, accordingly, are declared as taxable by the translator at his/her tax office.

For customers who seek a price reduction on the grounds of major or significant shortcomings in performance on the part of TEXTKING, TEXTKING has the right to reduce the compensation paid and demand indemnity for damages; to the extent it finds the customer’s claim to be valid. The amount of the deduction from the translator’s account is within the discretion of TEXTKING. The enforcement of other claims and/or demands remains undisturbed.

9. Liability

TEXTKING shall have no liability whatsoever for damages resulting from death, personal injury or diminished health as long as they are not caused by intentional or negligent breach of duty by a legal representative or agent of TEXTKING.

With respect to cardinal responsibilities, these are treated the same as contractual responsibilities, where the orderly fulfillment of contracts is generally only possible when the client consistently has confidence and is entitled to have confidence. Furthermore, TEXTKING shall not be liable for ordinary negligence.

Specifically, TEXTKING gives no guarantee of the correctness of data made available to TEXTKING by third parties. TEXTKING shall have no liability for damages occurring due to technical failures or other technical shortcomings or acts of god. In particular, TEXTKING gives no guarantee of the correctness of data made available by third parties or texts, or of the established available and retrievable services of TEXTKING.

Likewise, TEXTKING has no liability for delays or lack of performance which occur because of unclear, incorrect or incomplete task transmission or task delivery, or through erroneous data entry. This especially applies in cases where third parties have acquired unauthorized access to TEXTKING services and have caused disruption to the company, irrespective of the type or scope thereof.

The foregoing limitation of liabilities applies to the owners of TEXTKING as well as its officers, directors, employees and agents.

10. Data Security

At regular intervals, TEXTKING backs up the data stored in client accounts. In the event a loss of data occurs, TEXTKING will make every effort to recover the lost data as quickly as possible. With respect to translation work product, the translator carries the responsibility for his/her own data security.

11. Noncompetition Clause

In order to preserve a partnership-like and long term relationship, TEXTKING expects that its translators will not establish contact with clients in order to obtain tasks from them directly.

12. Side Agreements

Oral side agreements are not valid. Changes and additions to these terms and conditions shall only be effective if in writing (letter, fax or email), and it is intended that these rules may only be waived in writing. Other terms and conditions shall have no validity.

13. Changes to Terms and Conditions

TEXTKING has the right to change these terms and conditions at any time. Translators will be notified in writing concerning any such change by letter, fax or email, and by updating the terms and conditions at http://www.TEXTKING.com. If the translator does not object or give notice of termination within a period of 10 days, his/her silence will be taken as acceptance of the new terms and conditions, effective as of the date established by TEXTKING.

14. Final Clause

The law of Switzerland shall apply to these terms and conditions. So long as legally permitted, the court in Kreuzlingen shall have jurisdiction over all disputes relating to the contract.

Transfer of venue with respect to rights and duties relating to the contract requires the written consent of TEXTKING to be effective.

Should any of these terms and conditions be or become ineffective, the effectiveness of the remaining terms and conditions shall not be affected. An ineffective or impracticable provision may be replaced by an effective or practicable one which will bring the provision as close as possible to the intended outcome.

The section titles are only provided for your convenience and do not have any legal effect. This translation is also only provided for your convenience. In case of doubt the Swiss conditions shall be applicable.