General conditions for translators

Linguacoms allmänna villkor för översättningsuppdrag

 

Lingua Communication Nordic AB, Org. No 556863-9628 (”Linguacom”) is a full-service agency in the language industry, which offers their customers nationwide interpretation and translation services. Linguacom’s customers consist of authorities and municipalities as well as private companies. Linguacom has a big network of translators and interpreters that master over 250 languages and dialects. The Translator wishes to be a part of Linguacom’s network of translators in order to provide translation services to Linguacom’s customers. Linguacom and the Translator have agreed that any assignment undertaken by the Translator shall be performed in accordance with the terms and conditions set forth in this Agreement unless Participants have agreed otherwise.

1. “Agreed delivery date” refers to the last day the Translation must be received by Linguacom.

“The Agreement” refers to Linguacom’s general terms and conditions for translation assignments and its annexes, if any, set out in paragraph 2 below.

“Intellectual property rights” refers to all intellectual property rights, including patents, trademarks, design rights, utility models, copyrights and related rights, database rights and similar rights anywhere in the world in respect of third parties, registered or not and in any format, including application and the right to apply for registration of protection of intellectual property rights for such rights.

“Confidential Information” refers to all information regarding the Customer’s or Linguacom’s internal operations, business relationships, business planning, business secrets, technical secrets and other company secrets, customers, personal data, operational activities such as administration, economy and finance, technology, design, processes, formulas, computer systems, software, source code, object code, algorithms, know-how and research and development as well as other information which is confidential by law or which the Customer or Linguacom refer to as confidential, or which otherwise according to the circumstances may be considered confidential.

“Customer” refers to Linguacom’s customer which initially places the order of an Assignment. 

“The Customer agreement” refers to the agreement between Linguacom and the Customer regarding the Assignment. 

“Party” refers to Linguacom or the Translator separately.

“The Parties” refers to Linguacom and the Translator together.

“SCC” refers to Stockholm Chamber of Commerce Arbitration Institute.

“The Translator” refers to the translator that will perform an Assignment according to this Agreement.

“The Translation” refers to the translation that the Translator creates when performing the Assignment. 

“Assignment” refers to translation assignments mediated by Linguacom to the Translator. 

“Assignment time” refers to the timeframe during which the Translator shall perform the Assignment.

2. Contractual documents

The agreement consists of the general terms and conditions in force at any time, for translation assignments and, where applicable, instructions of Linguacom. In case of any discrepancies, the following order of interpretation shall apply, in descending order. 

(i) Instructions by Linguacom

(ii) Linguacom’s general terms and conditions for translation assignments 

Linguacom is entitled to modify these general terms and conditions for translation assignments if necessary. The latest applicable version of the terms and conditions will apply with immediate effect for Assignments that have been communicated after the update of the general terms and conditions.

3. Conclusion of the Assignment

Linguacom will offer Assignments to the Translator through a request by means of telephone or e-mail. The Translator may deny or accept an Assignment in the same way that the Translator has received the request by Linguacom.  

Before the Translator accepts an Assignment, the Translator shall carefully consider if the Translator is suitable to perform the Assignment according to the requirements set out in the Agreement, including, but not limited to, Agreed Delivery date, Assignment time, Assignment complexity and the prior knowledge which may be necessary in order to perform the Assignment according to the agreed requirements. The Translator shall also ensure that the Translator is familiar with the provisions regarding remuneration, cancellation policy and eventual penalties. If the Translator considers that the Translator is not suitable to perform the current Assignment or that the Translator otherwise may have difficulties to perform the Assignment according to the Agreement within the Assignment time, the Translator shall deny the Assignment.

When the Translator has informed Linguacom that the Translator accepts the Assignment and Linguacom has sent a confirmation of the Assignment to the Translator, orally or by e-mail, the Assignment shall be considered assigned to the Translator.

4. Customer’s cancellation of an Assignment

Should the Customer cancel an assigned Assignment, remuneration will be paid to the Translator according to the applicable cancellation policy. The Translator shall contact Linguacom in order to receive information about the cancellation policy applicable for the specific Assignment.

5. Linguacom’s commitments

Linguacom shall provide the Translator with necessary instructions regarding the respective Assignment. Moreover, Linguacom shall inform the Translator about the specific cancellation policy agreed with the Customer, Agreed Delivery date and any other time limits applicable to the Assignment. 

It is the responsibility of the Translator to keep informed about the requirements for the respective Assignment, including but not limited to Agreed Delivery date, Assignment time, remuneration and any penalties. If the Translator is missing any information necessary for the implementation of the Assignment or otherwise significant, it is the responsibility of the Translator to request such information from Linguacom by contacting Linguacom’s translation team, primarily by telephone and secondarily by e-mail to oversattning@linguacom.se. .

6. The Translator’s commitments

In the event that the Translator is approved for F-tax at the time the Assignment was concluded, the Translator shall hold an F-tax certificate throughout the duration of the assignment as well as pay lawfully payable taxes, fees and other duties, acting as an independent trader according to Swedish law.

The Translator shall perform Assignments properly, professionally and according to the ethical rules of good translation practice applicable at any time, issued by The Legal, Financial and Administrative Services Agency “Good translation practice – Advices from The Legal, Financial and Administrative Services Agency to certified translators” and the Translator regulations. It is the responsibility of the Translator to stay informed on the latest version of the above-mentioned rules and regulations.

Any linguistic, stylistic, proofreading or other corrections shall be done within twenty-four (24) hours, counted from when Linguacom has informed the Translator of which corrections to be made. Such corrections are performed without the right to further remuneration for the Translator.

Should the Translator be delayed or may be delayed with the performance of the Assignment, the Translator shall immediately inform Linguacom’s translation team primarily by phone and secondarily by e-mail to In the event that the Translator informs Linguacom about a possible delay or it may otherwise be assumed that the Translator will not be able to deliver the Translation on the agreed Delivery date, Linguacom has the right to hire another translator to perform the Assignment at the expense of the Translator.

 

In the event of delay or error in an Assignment, even the remuneration of the Translator for the Assignment may be reduced or completely withheld, depending on the delay or the significance of the error. The Translator may also be required to pay penalties according to Linguacom’s penalty levels applicable at any given time. If Linguacom considers that it is unjustified that the Translator shall be required to pay a penalty, the Translator may decide to waive the requirement for penalty for the Assignment in question.

7. Salary and other remunerations

Remuneration for performed Assignment shall be paid as agreed between Linguacom and the Translator when the Translator accepted the Assignment. All possible corrections of Translations are included in the agreed salary and shall not give rise to any further right to remuneration for the Translator. 

Variable fee is paid after actual time spent for the Assignment or other agreed basis. If Linguacom has not informed which fee should be applied in the calculation of the variable fee, it is up to the Translator to check with Linguacom the price list to be applied for the Assignment in question.

Fixed fee shall be agreed upon in writing between Linguacom and the Translator, in order to be applicable.

8. Payment and invoicing

Remuneration to the Translator is paid according to agreed payment plan. If the parties have not agreed on any payment plan, remuneration shall be paid retroactively not more than once a month regarding agreed and performed work. 

Payment is made by invoice with thirty (30) day payment terms. If the Translator so wishes, Linguacom may issue a self-invoice for the Translator. Payment is made to a bank account notified in advance by the Translator. A self-invoice as well as a corresponding invoice specification shall be provided by the 15th every following month at the latest, in relation to performed Assignments.

9. Intellectual property rights

When performing an assignment, the Translator immediately transfers the ownership of all Intellectual property rights to the current Translation created by the Translator to Linguacom. 

Linguacom is entitled to freely use the Translation without any limitations. This includes a right to use, modify, adapt, copy, transfer and license the Intellectual property rights to the Translation as well as grant the rights above to the Customer or other third party.

The Translator shall, without the right to special remuneration, issue or sign all documents necessary so that Linguacom and, where applicable, the Customer can exercise their rights to the Translation.

10. Confidentiality

The Translator understands that the Translator, in relation to the performance of the Assignments, will have access to confidential information belonging to Linguacom and the Customer. Such confidential information may be, but is not limited to, financial, commercial and technical information, marketing information, business plans and information about the respective company’s customers, suppliers, products, services and business partners. The Translator is not allowed to use or reveal such Confidential Information to a third party, with the exception of such disclosure that is required for the execution of the Assignment. This applies to this Agreement’s duration as well as the time thereafter. 

The Translator undertakes to storage Confidential Information safely and protected from unauthorized interference.

Within twenty-four (24) hours after an assignment has been completed, the Translator shall ensure that all material, regardless the format, belonging to the Customer, is destroyed in such a way that it cannot be restored.

11. Limitation of liability

The Infringer shall, if he or she breaks this Agreement, compensate the injured Party. The injured Party shall always take the measures that reasonably can be expected by the Party to limit his or her damage.

Each party’s liability for all damages according to this Agreement and all Assignments shall be limited to direct damages and losses to a total maximum amount equal to a (1) basic amount according to the Social Insurance Code (2010:110) at the time when the damage occurred. The party’s liability does not include indirect damages and losses such as loss of profit, loss of expected savings or lost goodwill.

The limitations of liability do not apply to liability according to paragraph 9 (Immaterial property rights) or crime against paragraph 10 (Secrecy) and nor if there is premeditation or serious negligence.

12. Duration of the assignment and notice

This Agreement enters into force the day the Translator has accepted an Assignment according to this Agreement. The Agreement is valid until further notice and may be terminated by both Parties with immediate effect. Notwithstanding the termination of a Party, this Agreement shall continue to be valid for Assignments that have been accepted and given to the Translator before termination has taken place.

13. Messages

Messages under this Agreement shall always be made by e-mail to Party to the latest notified e-mail address, except as set out in paragraph 3, 5 and 6 above. Messages are considered received by the recipient at the time when the recipient’s expressed acknowledgement of receipt is received by the sending Party.

14. Applicable law and disputes

Swedish substantial law shall apply for this Agreement.

Disputes that arise from this Agreement shall be finally settled by arbitration administrated by SCC.

Rules for Expedited Arbitration shall apply, unless the SCC determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, SCC shall also decide whether the Arbitral Tribunal shall consist of one (1) or three (3) arbitrators. The arbitration procedure shall take place in Stockholm. The language to be used in the arbitration is Swedish.

The parties undertake, without limitations in time, not to reveal the existence or the content of arbitration from this Agreement or information about negotiations, arbitration or mediation for the same reason. The provisions of this paragraph 14 is applicable unless otherwise provided by law, other regulations, bid from another authority, or else is required for judgment enforcement.