A Scope of the General Terms and Conditions

Without explicit written consent to the Terms and Conditions of another party, by signature of translate.IT, any services provided shall exclusively be governed by these Terms and Conditions. When translate.IT refrains from enforcing these Terms and Conditions in cases where they conflict with a third party’s Terms and Conditions, this does not constitute implicit acceptance of parts or the entirety of the third party’s Terms and Conditions.

B. Conclusion of Contract

translate.IT does not recognize verbal agreements as a means of concluding or amending a contract.

Any written exchange of communications that leads to the exchange of files or granting of access to files in a cloud environment will be regarded as a service contract governed by these Terms and Conditions only if translate.IT agrees to accept this task or project by means of written confirmation or implicit confirmation through the commencement of work on these files in the cloud environment. Merely granting access to files in a cloud environment or sending files to translate.IT, without explicitly requesting translate.IT’s services, will not be considered a service request. Therefore, no service contract can be concluded from such actions unless agreed otherwise in a mutually signed Service Level Agreement.

C. Scope of Service

The scope of the services provided by translate.IT is subject to each individual offer and its appendices. If not otherwise defined during the communications leading up to the creation of a service contract, the quality expectations defined in Section D and the service definitions defined in Section E shall apply.

D. Quality

translate.IT commits to both factual and cultural accuracy in the materials that are the product of its services. Whenever the client does not provide Digital Linguistic Resources such as style guides, glossaries, term bases, translation memories, or dictionaries, the standard rules of grammar and spelling of the target language shall apply. Whenever the client provides such materials, they supersede any target language conventions. translate.IT is not responsible for errors contained in Digital Linguistic Resources unless translate.IT has agreed to create, review, or co-create these resources.

E. Service Definitions

E-1. Translation

Translation (only) or Human Translation, typically and hereinafter abbreviated as T, Tr, Tra, or HT, is the act of transferring information from one language into another. Purchasing this service from translate.IT, unless agreed upon differently in written form, means that you are buying a service performed by a single human with the scope of transferring information from one source language into another target language. Computer-Assisted Translation Software may be used, except for Machine Translation Software.

E-2. Machine Translation Post-Editing

Machine Translation Post-Editing or Post-Editing Machine Translation, typically and hereinafter abbreviated as PEMT or MTPE, is a two-step service, wherein a logic- or statistics-based Machine Translation System produces a suggested translation, which is then verified and, if needed, corrected by a human. Purchasing this service from translate.IT, unless agreed upon differently in written form, means that you are buying a service performed by a machine and a single human with the scope of transferring information from one source language into another target language. Additional Computer-Assisted Translation Software may be used. As per DIN ISO 18587:2017, there are two different types of MTPE: Light and Full. Unless agreed upon differently in written form, translate.IT by default will provide light PEMT in line with the expectations outlined in DIN ISO 18587:2017.

E-3. Review

Review or Revision, typically and hereinafter abbreviated as Rev, is the act wherein a linguist examines a text, a translation, or the product of Machine Translation Post-Editing a second time with the scope of identifying and rectifying any issues that contradict the quality standards outlined in Section D.

E-4. Edit

Edit, typically and hereinafter abbreviated as Ed, is the act wherein a linguist examines a text, a translation, or the product of Machine Translation Post-Editing created by another linguist with the scope of identifying and rectifying any issues that contradict the quality standards outlined in Section D.

E-5. Proof

Proof, Linguistic Sign-Off, or In-Context Review, typically and hereinafter abbreviated as P, ICR, or LSO, is the act of reviewing a text in the context within which it will be published. The scope is to identify any remaining linguistic issues, particularly those that could not have been identified without the publication context. This includes, but is not limited to, formatting issues. Unless agreed otherwise, translate.IT will employ (one of) the linguists who performed (one of) the previous workflow step(s).

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F. Client Obligations

The client acknowledges and agrees that effective communication and collaboration are essential for the successful completion of translation projects. Unless defined otherwise in an individual SLA signed by both parties, translate.IT expects a response time of no more than 3 business hours local time. The client is responsible for providing clear, accurate, and comprehensive instructions, including but not limited to target audience specifications, context, reference materials, and project requirements. Failure to communicate relevant information — such as changes in scope, unrealistic deadlines, or feedback on draft translations — may result in delays, errors, or dissatisfaction with the final deliverables. The client further understands and accepts that translate.IT cannot be held liable for issues arising from miscommunication, ambiguous instructions, or inadequate collaboration, as outlined in the provided examples of potential project failures. By engaging our services, the client agrees to actively participate in the translation process and to promptly address any queries or concerns raised by the translation team to ensure the successful and timely completion of the project.

G. Industry Standards

While translate.IT acknowledges the existence of industry standards, we expect our clients to communicate clearly and not to assume we will adhere to any standards by default.

 

I. Intellectual Property and Rights

If not otherwise stipulated, translate.IT provides the customer with the right to duplicate and distribute translations upon complete payment. However, translate.IT retains the right (unless agreed otherwise) to be credited as the language service provider, including its web address, in all duplicates and publications of the language services. Further (unless agreed otherwise), translate.IT retains the right to keep anonymized versions of all translated contents, both in source and target languages, for linguistic purposes such as Translation Memories, Machine Translation Training, or Large Language Model fine-tuning.

J. Rights to Source Content

The customer guarantees that they have the necessary rights of use and distribution for any materials they provide in support of and as the target of translate.IT’s services. Upon initial request, the customer releases translate.IT from any claims brought by a third party due to an existing or alleged infringement of third-party proprietary rights.

K. Confidentiality

The parties shall keep confidential, both during and beyond the respective contract terms, all information, images, and documentation concerning the circumstances, business processes, and technical facilities of the respective other party. Neither party shall reconstruct, reproduce, publish, or distribute such confidential materials to a third party without written consent, irrespective of the purpose or circumstances that lead to such sharing.

Information shall not be deemed confidential if, at the time the other party learns thereof, it was known to the public; or if the public learns of it later without involvement from the receiving party; or if the receiving party has obtained the information independently from a third party not subject to a confidentiality obligation; or if the receiving party discovered the information independently without making use of the other party’s confidential information.

Any party will be released from the obligation of confidentiality if, but only to the extent that, they are required by a government agency, court of law, or other authority to share information that would otherwise be subject to confidentiality. Said party undertakes to swiftly inform the other party of such requests, including identifying the agency and the scope of the requested disclosure. The disclosing party shall limit the extent of disclosure where possible and, if feasible, secure assurances that the information will be treated as confidential. The disclosing party shall also take reasonable measures to enable the other party to contest the request for disclosure.

L. Liability and Limitations

translate.IT acknowledges the importance of effective communication and collaboration in the successful completion of translation projects, as outlined in Section D of these Terms and Conditions. The client bears responsibility for providing clear, accurate, and comprehensive instructions, including context, reference materials, and project requirements. translate.IT cannot be held liable for issues arising from miscommunication, ambiguous instructions, or inadequate collaboration, as detailed in Section D.

Furthermore, translate.IT’s liability is limited to the scope of the services provided and the quality standards outlined in Sections B and C of these Terms and Conditions. translate.IT shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the translation services provided, unless otherwise mandated by applicable law. The client agrees that translate.IT’s total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the client for the specific translation project giving rise to the liability. By engaging translate.IT’s services, the client accepts these limitations of liability and agrees to indemnify and hold translate.IT harmless from any claims, losses, or damages arising from the client’s failure to comply with these Terms and Conditions.

M. Non-Compete Clause

Anyone who has received information about translate.IT’s clients via an official channel during the course of cooperation agrees that, during the term of engagement with translate.IT and for a period of 3 years thereafter, they shall not directly or indirectly engage in any business activities that compete with translate.IT's core business offerings, including but not limited to language translation, localization, and related services. This includes refraining from soliciting or accepting work from translate.IT's current clients or prospective clients for similar services.

The client further agrees not to recruit, hire, or solicit translate.IT's employees or contractors for a period of 3 years following the termination of their engagement with translate.IT. This non-compete agreement is intended to protect translate.IT's legitimate business interests, including its intellectual property, client relationships, and workforce. In the event of a breach of this agreement, the client acknowledges that translate.IT may seek injunctive relief and pursue legal remedies, including but not limited to monetary damages, to enforce compliance.

N. Payment Terms

Unless otherwise agreed in writing, translate.IT expects payment of invoices within 30 days of invoice receipt.

O. Dispute Resolution and Jurisdiction

Jurisdiction for all disputes arising between the parties from and in connection with these Terms and Conditions and the respective contracts or orders lies with the courts in Berlin, Germany.

P. Use of Subcontractors

translate.IT may leverage third parties for the provision of its services. Such subcontractors shall be bound by confidentiality terms at least as protective of our customers’ data as outlined in this agreement.

Q. Late Payment

We will add a 3% compounding late payment fee for every 5 business days that any one of our invoices is overdue.

R. Final Provision

Should any part of these Terms and Conditions be ineffective under German law, the validity of the rest of these Terms and Conditions shall in no way be affected.

The customer shall be permitted to set off against counterclaims only if they have been confirmed by judgment of a German court or acknowledged by translate.IT.