- A web-portal system for data processing and communication is operated by the EzeeTranslate.com (available online at www.EzeeTranslate.com) for the idiosyncratic selection, organisation and likewise placing of translation assignments by registered clientele thoughout the world. The web-platform EzeeTranslate.com modular should allow for a process of placing orders that are individually complied to the aspirations of the client, and it should also permit for a professional organisation of translation and proofreading dossiers. A vast network of certified translators and proof-readers facilitate an excellent and timely placing of translation assignments with clients/ members.
- EzeeTranslate.com has developed a frame of reference to ascertain a translator for individual clients’ orders. The members/users of the EzeeTranslate.com platform can set their individual agenda in order to ferret out the efficient translator(s). EzeeTranslate.com gives nod to the significant administrative projects throughout this course in order to accelerate a streamlined cooperation between participating parties and to vouch for a high-quality translation service.
- The GTC govern the legal and economic specifications with a view of allotting assignments to translators and proof-readers selected by a member. The contracting parties are only bound to the provisions that actually apply to them in the contract for work and services based on these GTC.
- . EzeeTranslate.com and the contracting parties have an immediate binding effect effects in accordance with the GTC and as per the rules of claims in the contract in favour of third parties or with the third party protective effect do not come to light from the GTC unless explicitly stated otherwise in a contractual agreement or provision.
- Upon signing acceptance in the contract for work and services according to section 3, subsection 1, the GTC are also applied to the contracting party thereafter valid for the period of duration of the business relations. Stated (business) terms by the contracting party do not become subject matter of the contract and only enforce if acknowledged in writing by EzeeTranslate.com, with an individual agreement. Contractual deviation from the GTC and a contract for work and services based on these terms stand in need for the explicit agreement in writing by EzeeTranslate.com.
- Employees of EzeeTranslate.com in conjunction with another person employed by EzeeTranslate.com in the performance of its contractual obligation are not approbated to make any side agreements surpassing the content of the contractual obligation.
- A contractual bond between the contracting party and EzeeTranslate.com shall be recognized on the basis of an oral and/or written assignment in accordance with EzeeTranslate.com shall be authorized to decline a contract for work and services with the contracting party or rescind a contract at any time if:
- Translators as well as proof-readers need to fulfil one of the following requisites / qualifications in order to be recommended to members via the EzeeTranslate.com platform:
- In order to assure high-quality translations meeting the individual requirements of members in relation to translation assignments, EzeeTranslate.com checks all translators and proof-readers for the qualification criteria listed in section 4, subsection 1.
- Should a contracting party deceive EzeeTranslate.com by presenting trumped up qualifications, EzeeTranslate.com is entitled to immediately dissolve the contract. Furthermore, the contracting party must take responsibility for any damage/disadvantage resulting for EzeeTranslate.com, culpably caused as a result of false pretences.
- The contract entered into with the translator/proof-reader prior to the assignment shall qualify as a contract for work and services in terms of section 1165ff of the Austrian Civil Code (ABGB) and includes the translation / proofreading of a translation assignment performed by the contracting party in an independent and self-employed manner, with the contracting party acting as the operative for EzeeTranslate.com, and EzeeTranslate.com constituting the customer.
Every assignment is based on a separate contract for work and services with the legal conditions and parameters of these GTC, the GTC – Members and Users as well as the FAQ (HYPERLINK 'http://www.EzeeTranslate.com.com/[●' www.EzeeTranslate.com.com/[●]) forming an integral part of the contract (FAQ).
- Subject of the contract for work and services between EzeeTranslate.com and the contracting party after the selection of the member is the appropriate and timely completion of assignments.
- It shall be deemed that the assignment shall be handled solely between EzeeTranslate.com and the translator acting as the agent of EzeeTranslate.com, according to section 1313a of the Austrian Civil Code (ABGB). EzeeTranslate.com does not consider the role of an agency between members and contracting parties, and services for the purpose of a brokerage contract are excluded.
- Criteria for the selection and spontaneous commissioning of a contracting party are as follows:
- Orders shall be placed on the basis of all of the criteria listed in section 5, subsection 3, and the respective weighting given to them.
- Contractual service obligations shall be fulfilled by the contracting party in a manner commensurating with the standards and principles of the profession, and to bring about completion of the task agreed upon when accepting the assignment.
- Furthermore, the contracting parties ensure that at the time of carrying out the work, any copyrights or other intellectual property rights to the translation and/or proofreading are their intellectual property and not limited through the rights of third parties of any kind.
- The provisions for liability of the GTC – Members and Users will apply without restrictions, provided they are relevant for the contracting party.
- Changes of system requirements within the influence of the contracting party shall immediately be communicated to EzeeTranslate on expected delays in carrying out an assignment. During the completion of an assignment, delays and surcharge caused by the changes are always at the expenses of the contracting party.
- If required, the contracting party must provide all necessary documents, information and facilities from its sphere, in time and free of charge, which are required in order to accomplish the services promised to members and users of EzeeTranslate.com. Furthermore, the contracting party shall in a timely manner ask for assistance from third parties, where this is a prerequisite for the provision of services via EzeeTranslate.com. The contracting party must also immediately communicate the timeline for the completion of the assignment and if necessary set a ‘lead time’ for short-term assignments in his/her calendar, available on the EzeeTranslate.com platform. Delays in the completion of an assignment are in the responsibilities of the contracting party that will indemnify and hold EzeeTranslate.com harmless for any disadvantages and damage caused by the delay.
- If assistance that is not requested in a timely manner or there is a delayed assistance on behalf of the contracting party, it may result in a delay or restriction in the accomplishment of the service through EzeeTranslate.com; futile expenditures or loss thus caused is not capped by EzeeTranslate.com.
- Contracting parties must let know EzeeTranslate.com in writing about any changes in their company in conjunction with legal status as well as address without delay. Should these changes not be communicated, documents shall be considered received when they are delivered to the address or to a paying agent appointed by the member.
- The contracting party is barred to use software, data or (technical) facilities or act in a way that potential impairment of any kind could be caused influencing the functionality of the EzeeTranslate.com platform or having any other detrimental effects on the business link ups of EzeeTranslate.com, first and foremost with its members
- Translator shall be informed by EzeeTranslate.com in a timely manner about special forms the translation should take (translation on data storage device, number of copies, ready for printing, external form of the translation, etc.) or other particular requirements for an assignment.
- All copyrights as well as the intellectual property to an ordered translation and/or proofreading immediately pass on to EzeeTranslate.com after the payment of remuneration. This is also valid for any adaptations, specifications and extensions of the translation and/or proofreading on demand by the member. The rights of EzeeTranslate.com to a translation and/or proofreading include all rights resulting from copyright provisions or other intellectual property worldwide.
- General regulations and provisions for the placing and further realisation of orders are available for download on the EzeeTranslate.com platform (HYPERLINK 'http://www.EzeeTranslate.com.com/'www.EzeeTranslate.com.com/[●]), shown in the FAQ addressed to translators and proof-readers as well as in the pertinent provisions of the GTC – Members and Users intended for contracting parties.
- Assignment completion to the satisfaction of EzeeTranslate.com and the member, that is, the approval and delivery of a translation and/or proofreading, the contracting party receives a pre-defined remuneration, which shall be calculated according to the volume of the given assignment. In individual cases, remuneration agreed upon is regarded as a fixed lump sum and shall be credited at the end of the calendar month after service provision is completed.
- Contracting parties shall be subjected to all taxes and duties without any claims to be enforced against EzeeTranslate.com. The contracting party is bound to indemnify claims be enforced against EzeeTranslate.com in this context and hold EzeeTranslate.com harmless.
- Regulations regarding Data Protection of the GTC – The members and users who are applicable for the contractual relationship between EzeeTranslate.com and the contracting party shall apply. Expressly should be stated here the unrestricted application of the Data Protection Act 2000 (DSG 2000).
- Communication between EzeeTranslate.com and the contracting party shall be mediated by the EzeeTranslate.com. Reference is made, in this context, to the respective regulations of the GTC – Members and Users.
- Information regarding all business processes, internal operating conditions or trading shall be treated strictly confidentiality. This obligation shall be maintained for an unlimited period of time and shall not breach even after completion of the contract for work and services in question.
- Within three months of the grace period the contracting party is liable to assert in written form, all claims arising from this contract for work and services to EzeeTranslate.com or on the EzeeTranslate.com platform – otherwise this right lapses. The legal statute of limitation and indiscretion shall be maintained to lodge a complaint.
- There is a prohibition to delegate or assign rights by the contracting parties, and to delegate duties arising from the contract for work and services unless there is a written agreement on behalf of EzeeTranslate.com.
- All these terms are subject to Austrian law upon exclusion of the UN Sales Convention.
- As far as permissible, any accusations arising from this contract (including disputes relating to possible amendments or additions to the contract) shall be entitled for judgment to the competent court in the 1st district of Vienna.
- All Amendments and additions to these GTC and other arrangements will only be valid if confirmed by EzeeTranslate.com in writing.
- In case of voidance of the terms of GTC, the legitimacy or enforceability of the remaining parts of these conditions shall not be affected. In case the void or unenforceable provisions are superseded by a valid and enforceable provision corresponding to the economic purpose and outcome of the provision to be replaced justifying the original intention, the contracting parties are obligated to pen these replacement provisions and to sign them without delay.
These General Terms and Conditions oversee the legal as well as monetary parameters in the preliminary phases, meanwhile and afterwards the conclusion of a contract for work and services between EzeeTranslate.com and the translators and proof-readers tabbed by the client.
Section 1: Definitions
The fundamentals indexed below will be regularly utilized in the General Terms and Conditions and are therefore illustrated below to empower for profound understanding. The following definitions encompass the singular and the plural form of the terms.
GTC: The General Terms and Conditions, which comprise the exclusive basis for the contract of use agreed upon between EzeeTranslate.com and the translator/proof-reader.
GTC – Members and Users: The general terms and conditions addressed to members and other consumers of the EzeeTranslate.com platform, which form a primal part of these GTC. The GTC – Members and Users are accessible for download on the EzeeTranslate.com website at www.EzeeTranslate.com
Assignment: EzeeTranslate.com assigns work to the contracting party, who has been hired by a member for the delivery of translation or proofreading services.
EzeeTranslate.com: EzeeTranslate.com, 745 5th Ave., Suite 500, New York NY 10151 United States
EzeeTranslate.com platform: EzeeTranslate.com operates this online platform (available online at www.EzeeTranslate.com) for the selection of translators, interactive evaluation as well as for the placing of translation assignments with EzeeTranslate.com.
Intellectual property : The confidentiality of all the content made available by EzeeTranslate.com and all legal rights to this platform as well as the rights to a translation, consisting of among other things such as any expertise of a translator and copyright extending beyond this and capable of being protected.
Proof-reader : The European Standard for Translation Services “EN 15038” lays certain fundamentals in reference to qualify as a proof-reader. A proof-reader is qualified according to that criteria and selected by EzeeTranslate.com according to qualifications and experience based internal regulations and accepted into the translation network.
Member : This term stands for every natural and legal person in India and abroad who has suitably and punctually registered on the EzeeTranslate.com platform and also denotes assignment of an individual account/user interface.
Account : An individual account enabling access to the user interface created at member registration.
User : It is not necessary to become a member to be qualified as a user. Every natural and legal person having access to the EzeeTranslate.com website and the EzeeTranslate.com platform online is called its user.
Translator: A translator competent according to the European Standard for Translation Services “EN 15038” and selected by EzeeTranslate.com complying to internal regulations based on experience and qualifications accepted into the translation web.
Translation: Translator needs to get approval for the translation done on the basis of a member’s assignment by EzeeTranslate.com
User interface : On the EzeeTranslate.com platform, the interface is assigned to a member for individual download/upload of content.
Selection : The selection phase is marked by the choice of a translator made by the client. After a successful selection, only EzeeTranslate.com is authorized to contact the respective translator and will allocate the translation assignment on a bilateral level. As soon as the translation process gets initiated, Translators and clients can communicate directly via EzeeTranslate.com.
Proofreading : Text is thoroughly revised in order to ameliorate its coherence for the target audience.
Contracting party : All natural and legal persons shall be signed up by EzeeTranslate.com on the basis of a contract for work and service to accomplish a translation assignment or proofreading of the same.
Section 2 : Scope in the respectively valid version
Should a contracting party act as user of the EzeeTranslate.com platform or put into use all services delivered by EzeeTranslate.com particularly directed to members/users, the GTC – Members and Users shall implement with impunity. Additional provisions and regulations can be downloaded on the EzeeTranslate.com platform(HYPERLINK'http://www.EzeeTranslate.com.com/'www.EzeeTranslate.com.com/[●]), relating to the handling and execution of assignments, in the FAQ section addressed to translators and proof-readers, and in the provisions of the GTC – Members and Users pertinent to contracting parties.
It shall be duly noted that the FAQ as well as the GTC – Members and Users are subject to updates, taking into consideration practical situations and needs with the current version forming the fundamentals for the contract work accomplished by the translator.
Section 3 : Signing into contract
In case of justified doubts concerning the identity. Legal personality and/or legal capacity of the contracting party or the authority of a (natural or legal) person representing the same; (b) Other objectionable circumstances arise which would make it unacceptable for EzeeTranslate.com to maintain into or enter a contractual relationship.
Section 4: Qualification and legal status of contracting party
Translation degree from an accredited university or an equivalent qualification in other spheres plus two years of documented experience translating;
Professional translation experience minimum for five years.
Section 5: Subject matter of contract and scope of services
Collaboration : Existing collaboration or collaboration preceding the assignment with this member; Text matching: which translations and qualification aspects correlate mostly with the specialist fields of the translation assignment;
Duration: Earliest deadline for the translation assignment;
Price : Cost effective quote for the translation assignment.
Section 6: Guarantee and liability
Section 7: Supplementary service and notification obligations
Section 8: Granting of rights, copyright
Section 9: General provisions for placing of orders
Section 10: Remuneration
Further payment methods are listed under the 'FAQ' of EzeeTranslate.com (HYPERLINK 'http://www.EzeeTranslate.com.com/'www.EzeeTranslate.com.com/[●]).
Section 11: Data protection
Section 12 : Communication
Section 13: Confidentiality
Section 14: Lapse of claim
Section 15: Prohibition of assignment
Section 16 : Final clause