1. Scope and Applicability
These General Terms and Conditions (GTC) apply to all present and future contracts between TTN and its customers, even if the GTC are not expressly referred to when future contracts are concluded. “TTN” refers to the service provider that operates the TTN translation platform (Translation Management System TTN TSM), developed by Extran AG, Geneva. By placing a translation order or using TTN’s services, the customer agrees to these GTC. Amendments to, or conflicting terms and conditions of, the customer are binding only if TTN has expressly agreed to them in writing. Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected; the invalid provision shall be replaced by an appropriate provision that comes closest to the economic purpose of the invalid provision.
2. Services and Order Placement
TTN provides professional translation and language services (e.g., copyediting, proofreading and postediting) with the help of qualified human specialist translators and state-of-the-art technology. Translation orders must be placed in writing (including via the TTN online portal or other electronic means accepted by TTN). An order is concluded only once it has been confirmed by TTN. Registering a translation order via the TTN web portal is deemed to be a written order, and confirmations automatically generated by the TTN system are deemed to satisfy the written form requirement, even without a signature. The TTN client interface enables intuitive order placement with immediate cost calculation and several possible delivery dates based on the text volume and current translator availability. When placing an order, the customer can select the desired service level (e.g., translation, full or light postedting). TTN reserves the right to accept or reject orders at its sole discretion (for example, TTN may reject content that is unlawful or contrary to public morals).
Order Confirmation: If the customer makes changes to the source text or requirements after placing the order, it must inform TTN without delay. TTN will endeavour to implement change requests but reserves the right to adjust the delivery deadline and charge any additional costs in such cases. In particular, if the customer subsequently submits additional text or replaces the source text, TTN is entitled to invoice the additional effort separately (at least in the amount of the applicable minimum order value for the additional work) and, if necessary, to postpone the delivery date appropriately. Once an order has been confirmed, a cancellation by the customer shall be governed by the provisions in Clause 9 of these GTC.
Changes and Cancellations: All order details (languages, scope, format, special requirements, delivery deadlines, etc.) are recorded in TTN’s order confirmation. Only the delivery date and scope of services expressly confirmed by TTN are binding; provisional dates or cost estimates provided before the source text has been reviewed are not binding. TTN may request further information about the project or the source text before the order is finally confirmed. TTN also reserves the right to impose certain conditions for orders – for example, for a first order from a new customer, TTN may require verification of the customer’s identity or a telephone confirmation of the order for security reasons. TTN is also entitled to require an advance payment for large-scale or urgent orders before commencing performance.
Automation and Communication: The TTN platform automates many process steps in order fulfilment to increase efficiency and speed. For example, standardised email orders can be automatically analysed by TTN’s AI-driven mail robot and created as a system order. The customer receives status updates during project execution via the portal or by email. If the customer has special confidentiality requirements or wishes certain technologies not to be used in processing its order (e.g., cloud-based AI), it must indicate this when defining the scope of the order. TTN will accommodate reasonable requests – especially for sensitive documents – as described in more detail in Clause 6.
3. Pricing, Fees and Payment
Pricing Basis: Translation costs are calculated on the basis of TTN’s current price lists or an individual offer. TTN reserves the right to adjust prices at any time without prior notice; however, confirmed orders will be invoiced at the conditions applicable at the time of confirmation. Prices are generally based on the text volume and the selected scope of services. As a standard rule, TTN measures text volume by characters or words. One standard line at TTN consists of 50 characters (without spaces). If the source text is available in editable electronic form, the number of lines/characters in the source language will be used as the calculation basis. If the source text is not available in electronic form (e.g., paper documents, scanned files) or is difficult to count, billing may be based on the target text; in such cases TTN reserves the right to charge a higher line or word rate due to the additional effort. Depending on the project, TTN may also apply industry-standard weighting factors for repetitions and translation matches (e.g., deduction of 100% matches in translation memory) to calculate the effective workload. All pricing calculation methods used will be transparently shown to the customer in the offer or during order placement.
Included Services: Unless otherwise agreed, the translation price includes the core translation service and a basic quality check by the translator. If the customer requests additional services – such as a four-eyes principle with proofreading by a second language expert, layout work (DTP), certified translations, etc. – surcharges or separate fees (e.g., hourly rates) may apply. Pure proofreading or copyediting orders (where the customer has a text it provides checked linguistically without translation) are generally charged based on time spent at the applicable hourly rate.
Estimates: Any cost estimates or price indications issued by TTN before reviewing the complete source text are non-binding. This applies in particular if the estimate is based on incomplete information or an estimated scope. The final costs may differ once TTN has analysed the entire text. TTN will inform the customer without delay if the final price is likely to significantly exceed the previously estimated price, and will coordinate the execution accordingly. Where possible, fixed prices or binding offers will be prepared based on the full material prior to order confirmation.
Minimum Charge: A minimum fee may be applied to very small jobs (translation or editing) to cover basic administrative costs. This minimum charge will be communicated in the price list or quote.
Surcharges: TTN is entitled to charge surcharges in certain cases, e.g., for express processing, weekend/holiday work or special degrees of difficulty. Urgent orders requiring a significantly shorter delivery time than usual are generally subject to an express surcharge. The TTN system calculates any express surcharge automatically based on the text volume and the requested delivery date; the surcharge is displayed to the customer before the order is placed. If the customer tries to avoid an express surcharge by splitting a coherent text into several smaller orders, TTN reserves the right to treat these orders separately and, where appropriate, assign them to different translators. In such a case, TTN assumes no responsibility for any terminological or stylistic inconsistencies between the individual parts.
Invoicing: TTN issues an invoice to the customer after the service has been performed, usually immediately after delivery of the translation. For regularly recurring orders, a consolidated invoice (e.g., monthly invoice) may be issued by agreement. Invoices are generally sent to the customer electronically (by email or via the TTN portal). For customers whose registered office or billing address is in Switzerland, the statutory value added tax (VAT) at the rate currently in force will be added to the translation price. Customers abroad are not charged Swiss VAT; however, they are themselves responsible for complying with any tax regulations in their country (e.g., reverse charge mechanism, import VAT). Invoice amounts must be transferred without deductions in the specified currency to the account stated on the invoice. Any bank charges shall be borne by the customer.
Payment Terms: Unless a different payment schedule is agreed in writing, invoices are due for payment within 30 calendar days from the invoice date (net 30). Payment shall be made in the currency and to the account specified on the invoice, using an accepted payment method (e.g. bank transfer or credit card, as indicated by TTN). TTN may, at its discretion, require partial or full prepayment for certain orders, particularly for large projects or new clients with no prior payment history. If the client fails to pay by the due date, TTN reserves the right to charge late payment interest as permitted by law, and to suspend further services or deliveries to the client until all outstanding amounts are settled.
4. Delivery and Deadlines
Delivery Method: TTN generally delivers completed translations electronically. By default, the translated files are made available for download in the TTN customer portal and the customer is informed of completion by email or portal message. During order placement or subsequently, the customer may also request delivery by email (possibly encrypted) or via other agreed channels. Printed deliveries are provided only on express request and at the customer’s expense (e.g., postal dispatch of certified translations).
Deadlines: TTN undertakes to deliver the translation by the date agreed in the order confirmation. Any delivery dates stated in advance (before the complete text has been reviewed) – for example automated cost estimates in the web portal – are to be understood as provisional estimates and become binding only once TTN has confirmed the order. The binding delivery date is expressly stated in TTN’s order confirmation or acceptance declaration. If circumstances beyond TTN’s control jeopardise compliance with the date (see also “Force majeure” below), TTN will inform the customer as quickly as possible and seek a solution together.
The delivery deadlines proposed by TTN are based on empirical values for the text volume and complexity as well as the current availability of suitable translators. TTN’s online system may display to the customer, during order placement, several possible delivery dates together with tiered pricing. The customer can select one of these dates; the selected date becomes binding once TTN confirms the order. Before that, previously communicated “estimated” dates or automated calculations are non-binding.
Partial Deliveries: If the client requests a rush delivery sooner than standard turnaround, TTN will endeavor to accommodate it (possibly with a surcharge as noted in Section 3). For very large projects, TTN may deliver in batches or on a rolling basis if agreed with the client. The client should not set a deadline unilaterally by communicating it to a third-party (e.g. “drop-dead” date in print schedule) without TTN’s knowledge; the binding deadline is only that which TTN has agreed. TTN is not bound by any preliminary or estimated delivery times that were provided before seeing the full source text or outside the TTN system’s confirmed order workflow.
Client’s First Order: For a new client’s first order, TTN may delay processing until the client’s identity and contact details are verified (for example, a TTN staff member might confirm the order by telephone). This is a one-time measure for security and does not apply to subsequent orders once the client’s account is established.
Delays and Failure to Deliver: If TTN is unable to deliver by the confirmed deadline, the client must grant an appropriate extension (grace period) in writing before further remedies are pursued. The client may not immediately cancel or claim breach at the moment of a missed deadline; an opportunity must be given to TTN to complete the work in a new reasonable timeframe. Only if TTN fails to deliver within that extended deadline will the client have the right to withdraw the order (cancel the contract for that job) and refuse the translation. In that event, TTN will not charge for the undelivered translation, and any prepayments for the undelivered portion will be refunded. Any other claims by the client beyond cancellation—particularly claims for compensation due to delay—are excluded, except to the extent that mandatory law provides otherwise. TTN will be in default of its obligation to deliver only if it fails to meet the extended deadline set by a written warning from the client.
Force majeure: If TTN’s delay or failure to deliver on time is due to force majeure or other circumstances beyond TTN’s control, such as natural disasters, serious illness of key staff, significant technical failures (power outages, internet or server disruptions), strikes, acts of war, or other emergencies, the following applies: TTN will inform the client as soon as possible and may either withdraw from the contract or deliver the translation as soon as feasible given the circumstances, without liability for the delay. In such force majeure cases, the client’s obligations (e.g. payment for work already done) remain in effect, and TTN will not be considered in breach for the delayed performance. If the project is rendered impossible to complete due to such events, TTN or the client may cancel the order; the client will pay for any portion of the work already completed by TTN, and neither party will have further claims against the other for the portions not completed due to the force majeure.
5. Quality Assurance, Revisions, and Warranty
Standards of Quality: TTN warrants that translations are prepared in accordance with the general quality standards of the translation industry. All translations are carried out by suitably qualified and experienced translators who translate into their respective native language. TTN uses native speakers and ensures correct terminology and a style appropriate to the source text. Where possible, each translation is subject to internal quality assurance before delivery. For standard orders, this includes the translator proofreading their own work. For many projects – especially where the customer requests it or quality requires it – a second language expert is used as proofreader (four-eyes principle). TTN uses modern translation tools (CAT tools) such as the integrated SDL Trados GroupShare system, which supports consistent translations through central translation memory and terminology databases. This allows translators and proofreaders to access the same translation memories and glossaries in real time, promoting consistency and efficiency. In addition, automated QA checks are used: before delivery, the TTN system checks the translation for potential errors or inconsistencies (e.g., number errors, missing translations, consistent terminology) and flags these for correction. Projects can only be completed in the TTN system once all mandatory quality checks (including checks of numbers and formal consistency) have been successfully completed. In this way, TTN ensures that the customer receives a high-quality translation.
Client Cooperation on Quality: To enable the best results, the client should provide TTN with any available reference materials, glossaries, style guides, or specific terminology preferences at the time of ordering or in a timely manner. If the client requires the use of specific terms or style, they must inform TTN or supply a term list; otherwise TTN’s translators will use their best judgment and standard industry terminology. Where the client has an in-house style or previously translated materials, sharing these with TTN will help maintain consistency. The client acknowledges that translation can be somewhat subjective, and stylistic preferences (where multiple valid translations exist) are not considered errors as long as the meaning is faithfully conveyed. TTN’s translators will strive to adhere to any specific instructions from the client.
Review and Acceptance: The customer should review the delivered translation promptly. Complaints regarding translation quality must be submitted by the customer in writing and must specify the objections in concrete terms as soon as it becomes aware of the defect. Obvious defects should, where possible, be reported within 5-10 working days after delivery; defects discovered later must be reported without delay after discovery. If the customer fails to notify TTN within a reasonable time, the delivery shall be deemed approved to the extent that the defects were obvious. For print products or publications, the customer is strongly advised to review the translation before publication (either by TTN for an additional fee or by its own specialists). TTN is not liable for substantive damages arising from a text being published unchanged without obvious errors (e.g., typos) having been corrected.
Complaints and Corrections: If the client believes the delivered translation contains errors or does not meet the agreed requirements, the client must notify TTN in writing without undue delay, detailing the issues. TTN will then investigate the complaint. If the translation contains objectively verifiable errors (such as mistranslations, omissions, grammatical mistakes, or terminological errors where the correct terminology was provided by the client), TTN will correct these at no additional charge within a reasonable timeframe. The client is entitled to request correction of mistakes free of charge in such cases. However, this free correction service applies only to genuine mistakes in the translation. Changes that are stylistic in nature or preferential (for example, if the client or a third-party reviewer prefers a different wording than the one provided by TTN, even though TTN’s translation is accurate) are not covered as “errors” and may be handled as additional editing work subject to a fee.
Other than the right to correction of true errors, no further warranty claims are granted. In particular, the client may not claim damages, price reductions, or contract rescission due to translation quality issues, except as expressly provided herein. Cancellation of the contract or claims for damages in lieu of performance are excluded in cases of quality disputes, so long as TTN corrects any objective errors within a reasonable period.
If TTN and the client disagree on whether something is an error, an independent evaluation may be arranged by mutual agreement. If TTN fails or refuses to correct acknowledged errors within a reasonable period, the client may then withdraw from the contract for that translation and may refuse to pay for the affected translation. This withdrawal (cancellation) is only permitted if TTN has been given the opportunity to make things right and has not done so in due time. In case of such a cancellation due to uncorrected errors, the client’s sole remedy is to not pay for (or to receive a refund for) the defective translation; no additional damages or compensation can be claimed.
Feedback Mechanisms: TTN’s platform includes a feedback function that allows clients to rate each completed translation and provide comments or corrections. If the client provides feedback (for example, by uploading a document with their own corrections or preferred changes), TTN’s system can compare the client’s revised version with the original delivery and integrate accepted changes into the translation memory for future improvement. TTN encourages clients to use this feedback channel, as it helps TTN continuously improve service quality. Client ratings and feedback are monitored by TTN’s project managers and can influence future translator assignment (e.g. consistently poor feedback may lead TTN to assign a different translator or reviewer for the client’s future projects). This feedback process is intended to create a constructive dialogue: the client obtains a translation that meets their needs, and TTN learns the client’s preferences. However, the presence of a feedback mechanism does not modify the above warranty limitations – it is a tool for quality improvement rather than a legal remedy. Any issues that the client considers to be contractual defects must still be raised as a formal complaint as described above.
6. Confidentiality, Data Security and Data Protection
Confidentiality obligation: TTN treats all texts and information transmitted by the customer as strictly confidential. All TTN employees as well as the freelance translators and proofreaders working for TTN are bound by confidentiality. No document transmitted to TTN and no information contained therein will be disclosed to unauthorised third parties. TTN forwards customer material exclusively to those persons who are directly entrusted with executing the order (translators, proofreaders, project-responsible staff), and only to the extent necessary. These persons are likewise bound by confidentiality. Internally, TTN ensures by means of technical access restrictions that project data can only be viewed by authorised users (need-to-know principle). Even within TTN, for example, IT administrators or other staff members do not have access to customer documents unless this is strictly necessary for their work. At the customer’s request, TTN will confirm the conclusion of separate confidentiality agreements (NDAs) or sign such agreements bilaterally.
Secure processing: TTN uses extensive technical and organisational security measures to ensure the confidential handling of customer data. All data transmissions between the customer and TTN as well as between TTN and the translators take place encrypted via protected connections. Documents that the customer uploads via the portal are transmitted encrypted via SSL/TLS and stored password-protected on TTN servers. At the customer’s express request, the entire translation process takes place within the secured TTN environment: translators access the texts either via the web-based editor or via a secured remote environment, without uncontrolled local copies being created. In this case, the documents remain exclusively within the protected TTN network from upload to delivery – they are processed on the secure server and then transmitted back to the customer via the same encrypted platform. At the customer’s request, no unencrypted email attachments or similarly insecure methods are used to send customer documents. If a customer requests delivery by email, this takes place only in encrypted form (e.g., password-protected archives or via secure download links). TTN operates its server infrastructure for confidential data in Switzerland and deliberately refrains, for sensitive projects, from outsourcing to cloud services outside its own control. Connections to the TTN system are protected by up-to-date protocols (TLS 1.2 or higher) and meet industry-wide security standards.
In addition, TTN ensures that, at the customer’s request, all translators involved have signed a confidentiality agreement before accessing the material. TTN manages this process in an automated manner: for each order, a project-specific NDA is generated in TTN TMS and must be accepted by the freelance translator. Access to project data is granted only once the NDA has been accepted. Without a valid NDA, a translator cannot download any files in such special cases. This automated NDA management ensures that confidentiality is fully ensured on the external side as well (translators, proofreaders).
Audit trail: TTN logs all access and actions in the system. A complete audit trail allows tracking of who accessed which file and when. Irregularities in email traffic or data transmission are detected by monitoring systems; TTN administrators are alerted in real time so that immediate measures can be taken if necessary. The system also provides extensive logs and reports on user activities, enabling critical events to be monitored. If, for example, an unusual download occurs or multiple failed login attempts occur, TTN will implement security measures immediately.
Data protection: TTN complies with the applicable data protection laws. Personal data of the customer are used by TTN only in the context of order processing and customer support. Without the customer’s express consent, personal data are not disclosed to third parties unless this is necessary for contract performance. For customers in the European Union, TTN observes the requirements of the General Data Protection Regulation (GDPR). In this context, TTN will – if required – be prepared to enter into a data processing agreement with the customer (Art. 28 GDPR) if the customer commissions TTN to process personal data.
Anonymisation: Particularly sensitive or confidential content (e.g., medical, legal or official documents containing personal data) is anonymised or pseudonymised by TTN at the customer’s request or where required by data protection. TTN offers a dedicated anonymisation service integrated into the workflows. During anonymisation, all identifiable personal information in the source text is replaced with neutral placeholders before the text is passed on to the translator or a machine translation system. For example, personal names are replaced by generic designations (“Person A”, etc.), and unique numbers such as social security numbers or customer numbers are replaced by fictitious numbers in the same format. In this way, the text to be translated no longer contains real personal data, but only substitutes. The link between the placeholders and the original data is securely stored in a mapping table (assignment key). Only authorised TTN employees can access this table. After completion of the translation, TTN uses this table to replace the placeholders in the target text with the original information. The customer thus receives a complete translated text with all original details in the right place, while privacy was protected during the translation process. This approach enables institutions with strict data protection requirements (hospitals, courts, authorities, etc.) to order translations while remaining compliant with requirements such as the GDPR. TTN notes that certain customers – especially in Switzerland – require, that no cloud-based AI services in the USA are used for their texts. TTN standardly meets such requirements by using exclusively its own resources or European (Swiss) resources in such cases. In general: TTN does use AI and machine translation to support translation, but confidential data are not fed into external systems without consent. Unless expressly agreed otherwise, TTN uses machine translation solutions that may involve data transfer to third countries. At the customer’s express request, TTN will refrain from using such services and will ensure that processing is carried out in compliance with the applicable legal requirements.
Retention and deletion: TTN stores all project documentation – source texts, intermediate versions, target documents – in a secure archive after completion of the project. This serves to enable efficient handling of any subsequent corrections, queries or follow-up orders.
Through the portal, the customer has access to a translation archive where it can view earlier projects and the delivered translations and, if necessary, download them again. The archive function facilitates document management for the customer; all data remain protected against third-party access and are visible only to authorised users in the relevant customer account.
TTN will delete or anonymise personal data at the customer’s request after completion of the project, provided that no statutory retention obligations prevent this. Unless instructed otherwise, TTN retains the translation data in the archive for an appropriate period in order, for example, to assist the customer in the event of file loss or for follow-up orders (references, terminology). Even after termination of the contract, the customer may request confirmation of deletion. In this case, TTN removes all identifiable customer data in full – except for necessary accounting documents.
Archive groups: TTN maintains so-called company or group archives in which a user’s translations are also visible to other users in the same group. These archives are maintained in the interest of customers. For example, during vacations or illness of the original requester, other authorised users can access the relevant translations. Likewise, the archive makes it possible to check whether a particular translation order has already been placed by a colleague from the same company.
For the benefit of users, all users of a company account are, by default, grouped into an archive group without the express consent of each individual user. The members of such an archive group can be viewed in the web portal, and it is the customer’s responsibility to manage users’ access rights. Of course, a user may at any time request to be removed from the archive group, so that only the user itself can access its translations and source texts.
7. Intellectual Property Rights
Rights to the translation: Texts provided by the customer for translation remain the intellectual property of the customer or the respective rights holders. Upon full payment for the translation service, the customer acquires the right to use the finished translation as contractually intended. As a rule, TTN thereby transfers to the customer all rights of use required for use of the translation. The customer may publish, reproduce, edit or otherwise use the translation in any form, insofar as this was the purpose of the order. TTN retains no exploitation rights in the translation unless otherwise agreed. Until the invoice has been paid in full, however, all rights to the translation remain with TTN; prior to receipt of payment the customer only has a revocable preliminary authorisation to use it. In the event of late payment, TTN may prohibit use of the translation.
Rights to tools and software: The translation and management system used by TTN (TTN TMS) and all associated components are legally protected. The TTN host software is a product of Extran AG, Geneva, which holds all copyrights and protective rights therein. By concluding a contract with TTN, the customer acquires no rights in this software or in TTN’s trademarks, trade names, domains, etc. It merely receives, for the term of the contract, a non-exclusive right to use the TTN platform as a user to place orders and retrieve translations. Extran AG and TTN assume no liability for data loss or damage that may arise from use of the TTN system. This includes, for example, damage caused by software errors, server outages or cyberattacks, provided TTN has not acted intentionally or with gross negligence (see Clause 11 on limitation of liability). TTN does, however, guarantee to take all reasonable security precautions to prevent such incidents (see Clause 6).
Translation memories and AI use: TTN works with translation memories (TM) and terminology databases that grow over time. Unless the client gives contrary instructions, TTN stores texts provided by the client and their translations in translation memories. This storage is generally carried out without anonymisation and serves quality assurance, terminological consistency and efficiency gains for future translations. Anonymisation of content is carried out only at the client’s express request. All content remains strictly confidential with TTN; no complete translation texts are disclosed to third parties. TTN may also use the collected translation data to train or optimise artificial intelligence or machine translation services. For example, by integrating translation memory and glossary data into AI translation systems, TTN can improve the quality of machine translation results. By placing an order, the customer agrees that TTN may further use translations commissioned by it to improve TTN’s own services (quality assurance, future translations, development of AI systems), as long as confidentiality is maintained. If the customer objects, TTN will keep the customer’s translation data separate and will not use it for overarching purposes. An objection must be communicated to TTN in writing – for example, the customer may require that its projects do not flow into general TMs or are deleted after completion. TTN will generally comply with such a request, in particular if it concerns particularly sensitive content.
Indemnification for infringement of rights: The customer ensures that the source texts provided to TTN and the use of the translations do not infringe any third-party rights. TTN is not obliged to review the content for any infringements of copyright, personality rights, data protection or other third-party rights. The customer indemnifies TTN against all claims that third parties assert against TTN due to possible infringements of rights by the source text or its translation. In particular, the customer may not hold TTN liable in the event that a delivered translation infringes third-party intellectual property rights (e.g., copyrights, patents, trademarks) – this falls within the responsibility of the customer, which provides the content. TTN undertakes, however, to notify the customer without delay if third parties assert such claims against TTN, and to give the customer, insofar as possible, the opportunity to defend against such claims.
8. Client Account and Portal Use
In order to use TTN’s services, the client may receive a user account for TTN’s online portal. The client is responsible for maintaining the confidentiality of their login credentials (username and password) and for all activities that occur under the client’s account.
Access security: The customer is obliged to treat the access credentials confidentially and to protect them from unauthorised access. Translations can be downloaded only after logging in with the personal password. TTN will not provide a forgotten password to unauthorised persons. If the customer forgets or loses its password, it can use a password reset function via the TTN website or request the lost password again. The system transmits links for resetting the password or existing passwords exclusively to the email address stored in the customer account and stores the IP address of the requesting person. TTN logs each request to reset the password with time, user account and IP address. If an unusually large number of requests, or requests in rapid succession, are registered for the same account, the process is automatically flagged for manual review by TTN staff. In such cases, TTN may contact the customer via another known communication channel to verify identity before sending the existing password or setting a new password. These measures are intended to prevent unauthorised access.
If the automated procedure does not succeed, TTN will comply with the customer’s request for password recovery only in writing and after verification of authorisation. In the past, password resets were handled, for example, by letter or fax; today this is generally done by email to the verified contact person or by a secure manually generated link. However, the customer has no right to have TTN communicate a forgotten password immediately by telephone; TTN will not do so in order to protect against social engineering.
The customer is responsible for keeping current contact details (in particular the email address) in its TTN account so that password requests and resets reach it. It also bears the risk if third parties gain unauthorised access to its account due to the customer’s negligent handling of its access credentials. TTN assumes no liability for damages arising from the unauthorised use of a customer account unless TTN is responsible. If TTN detects a security breach on its systems affecting customer accounts (e.g., a data leak), TTN will inform the affected customers without delay and take appropriate countermeasures (password reset, account lock, etc.).
Portal use: The customer may use the TTN portal exclusively for the intended purposes. Any misuse (e.g., attempts to circumvent security precautions, use of automated scripts without permission, uploading illegal content to the portal) may lead to blocking of access. TTN monitors the system for performance and security and reserves the right to temporarily block the relevant account in the event of suspicious activity in order to prevent harm. TTN maintains an internal logbook of all important actions (login, file download, project creation, etc.) in order to be able to trace, if necessary, who performed which operation. This protects both TTN and the customer against unauthorised activity.
9. Cancellation and Termination
Cancellation of an order by the customer: If the customer wishes to cancel a translation order it has already placed, it must inform TTN without delay. Cancellation is possible; however, the customer must reimburse TTN for the effort already incurred. Specifically: if the customer terminates the contract without legal grounds before completion, TTN may assert a claim for remuneration for work already performed and additionally demand compensation in the amount of 50% of the fee for the work not yet performed. This flat-rate amount covers lost profit and resources already reserved for the remainder of the order. In the event of cancellation, TTN will provide the customer with the parts of the translation completed up to that point after the pro rata remuneration for them has been paid. The rule applies analogously if TTN terminates the order for a reason attributable to the customer (e.g., lack of cooperation, late payment). If the customer has an important reason for the cancellation (e.g., insolvency of the principal for whom the translation was needed, meaning the text is no longer required), TTN will, in good faith, attempt to find an amicable solution (e.g., waiving the 50% flat rate); however, this is at TTN’s discretion.
Termination by TTN: TTN is entitled to terminate an order or the entire contractual relationship with immediate effect if there is good cause. Good cause for TTN exists in particular if the customer breaches material contractual obligations – for example, if the customer fails to pay due invoices despite a reminder, has knowingly provided false information, or if criminal, extremist or ethically unacceptable content is to be translated. TTN may also terminate if continued performance of the contract has become unreasonable for TTN (e.g., due to constant unfounded complaints by the customer or endangerment of TTN employees). TTN will notify the customer of the termination in writing where possible, stating the reasons. In the event of a justified termination without notice by TTN, claims for remuneration for services already rendered remain; further claims for damages by TTN remain reserved.
Termination of the ongoing business relationship: Either party may terminate a cooperation established for an indefinite period (e.g., a framework agreement or general use of the TTN portal) at any time by giving 30 days’ notice in writing. Such ordinary termination ends the applicability of these GTC for future orders but does not affect individual orders already in progress. Orders already confirmed by TTN at the time the termination becomes effective will be handled under the existing agreements unless the parties reach an amicable arrangement (e.g., early termination of the order against reimbursement of costs). After termination of the business relationship, TTN deactivates the customer account once all open projects have been completed and invoices paid. The customer may at any time request deletion of its account, provided no ongoing contracts remain.
Effects of termination: Upon termination of the contract – regardless of the reason – any discounts or special conditions granted to the customer lapse. Upon request, TTN will return or delete all confidential customer documents (see data protection provisions in Clause 6). Clauses of these GTC that by their nature are intended to continue beyond termination (e.g., confidentiality, disclaimers of liability, jurisdiction clause) remain valid after termination.
10. Governing Law and Jurisdiction
Governing Law: All contracts between the client and TTN, and these GTC, are governed by the substantive laws of Switzerland, without regard to its conflict of law principles.
Jurisdiction: The place of fulfillment of the services and the exclusive place of jurisdiction for any disputes arising out of or in connection with these GTC or individual orders shall be Geneva, Switzerland. The courts of Geneva shall have exclusive jurisdiction, meaning any legal action by either party must be filed in Geneva. However, TTN reserves the right to pursue payment claims at the client’s domicile if it is in Switzerland, and nothing herein shall be construed to limit any consumer protection rights that mandate a different jurisdiction (if the client is a consumer).
Final Provisions: The English and German versions of these GTC are equally authoritative. They are meant to be identical in meaning; in case of any interpretation differences between the two versions, an interpretation will be applied that best effectuates the original intent in both languages. No further oral agreements exist. Any changes or additions to these GTC must be made in writing. The client may not transfer rights or obligations under the contract to a third party without TTN’s consent. Should any provision of these GTC be found invalid or unenforceable, this shall not affect the validity of the remaining provisions, and the parties shall replace the invalid provision with a valid one that comes closest to the economic intent of the original provision.