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Article 1 – General
1.1 These general terms and conditions apply to all legal relationships between the translator and the client, and supersede any terms and conditions referred to, offered or relied on by the Client, unless the translator specifically approves the application of such terms in writing.
1.2 The translator can bring in employees and third parties when executing an order.
1.3 If something is ambiguous or if there is a disagreement about the explanation of one or multiple of these terms and conditions, the explanation should be made in the spirit of these regulations.
Article 2 – Quotations, conclusion of contracts
2.1 Quotations and estimates issued by Translator are free of obligation.
2.2 The translator may revoke quoted prices or terms of delivery if she has not had the opportunity to view the entire text to be translated prior to issuing the quotation. The client’s written acceptance of the quotation submitted by translator or, if no quotation was submitted, written confirmation by the translator of an order placed by the client shall constitute a contract.
2.3 If the client accepts the quotation taking into account one or multiple adjustments, the translator will make a new quotation. If the translator does not make a new quotation, the client and the translator have not come to an agreement.
2.4 The translator cannot be held to her quotation if the quotation, or a part of the quotation, contains an obvious mistake or slip of the pen.
Article 3 – Changes to or cancellation of orders
3.1 Any changes made by the client to an order after the contract has been concluded shall entitle the translator to either modify the quoted price and/or term of delivery or refuse to execute the order after all.
3.2 Cancellation of an order by the client shall entitle the translator to claim payment of any translation work already performed for that order as well as compensation for hours spent on research for the remainder of the order. The translator places the translation work already performed at the client’s disposal.
3.3 If the translator has put aside time for an order that cannot be used for something else, the client will have to pay a compensation of 50% from the honorarium for the non-executed part of the order.
Article 4 – Execution of orders, confidentiality
4.1 The translator will carry out orders to the best of her ability and with sufficient understanding so that the purpose indicated by the client can be met.
4.2 The translator shall keep any information provided by the client strictly confidential and require its employees to do the same. The translator will ask her co-workers and/or any third parties to keep this information confidential. The translator is, however, nog liable for breaches of confidentiality if she can demonstrate that she was unable to prevent this.
4.3 Unless explicitly agreed otherwise, the translator shall be entitled to hire others to execute the order (in full or in part), without prejudice to the translator’s responsibility for the confidential treatment and proper execution of the same.
4.4 The translator and client can agree in writing that the order should be carried out in phases and that every translated part should be invoiced separately.
4.5 If the order is carried out in phases, the translator can suspend the translation of those parts until the client has approved of the already translated parts in writing.
4.6 The translator does not guarantee that the information she has received from the client is true and does not accept liability for damage of any kind that has occurred after using the provided information.
Article 5 – Term and date of delivery
5.1 Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. The translator shall notify the client immediately if she perceives that she will be unable to meet an agreed delivery date.
5.2 If the translator fails to meet the delivery date, and if the client cannot reasonable wait any longer, the client will be entitled to cancel the contract.
5.3 Delivery shall be deemed to have taken place the moment the text is sent by post, fax, courier or e-mail.
5.4 Electronic deliveries shall be deemed to have taken place the moment the medium has confirmed the sending.
Article 6 – Prices and payment
6.1 Prices are generally based on the translator’s current rate per word. For activities that do not involve translations, the translator can decide to charge an hourly rate. The translator can also charge the client with previously agreed to expenses linked to the execution of the order.
6.2 All prices are exclusive of VAT.
6.3 Payment for services is due 30 days after the invoice date and shall be remitted in the currency invoiced. If payment is not made by the due date, the client shall be in default — immediately and without notice of default being required — as well as owing the statutory interest on the invoice amount from the due date until full settlement.
6.4 All legal and non-legal expenses, including the costs for lawyers, bailiffs and debt-collection agencies, will be paid for by the client.
6.5 The translator is entitled to a full or partial advanced payment and/or (additional) security in the form of a bank guarantee before she starts working on the order. If the translator has placed a written request and the client has not granted this request within five working days, the translator is entitled to dissolve the agreement.
Article 7 – Complaints and disputes
7.1 If the client has any complaints about the product supplied by the translator, they will be submitted in writing as soon as possible, yet never later than 10 days after receiving said product. Lodging a complaint shall not release the Client from its obligation to pay.
7.2 In the case of a valid complaint, the translator shall be granted a reasonable period of time to improve or substitute the product. If the translator cannot reasonably be expected to perform the required improvements or substitution, she may grant the client a discount.
7.3 The client’s right to complain shall lapse if the client has edited or has hired others to edit the part or parts of the product concerned in the complaint.
Article 8 – Liability, Indemnity
8.1 The translator shall exclusively be liable for damage directly and demonstrably deriving from shortcomings attributable to the same. The translator is under no circumstances liable for other forms of damage, such as consequential damage, loss of profits or losses due to delays. The translator’s liability shall never exceed the invoice amount of the order in question, exclusive of VAT.
8.2 If the translator is liable for any damage, the liability shall never exceed the invoice amount of the order in question, exclusive of VAT.
8.3 The translator’s liability will always be limited to the amount payed out by the insurer.
8.4 Ambiguity of the text to be translated shall release Translator from any liability whatsoever.
8.5 The decision whether the use of a text to be translated/edited or the translation/edited version thereof produced by the translator entails any risk of injury or losses due to injury shall be entirely at the client’s expense and risk. The client will indemnify the translator from any claims by third parties in relation to bodily injuries resulting from use of the delivered.
8.6 No liability whatsoever shall be incurred by the translator in respect of damage to or loss of documents, data or data carriers provided by the client to facilitate the contract’s execution. Nor shall any liability be incurred by Translator in respect of damage incurred as a result of the use of information technology and telecommunications media.
Article 9 – Cancellation
9.1 Any failure on the part of the client to meet its obligations, as well as bankruptcy, a moratorium or liquidation in respect of the client’s company, shall entitle the translator to either cancel the contract (in part or in full) or postpone its execution without any claim to damages on the part of the client. In such cases, the translator shall also be entitled to demand immediate payment.
9.2 If the translator is unable to meet her obligations due to circumstances beyond her reasonable control, she will be entitled to cancel the contract without being liable to pay damages. Such circumstances include, but are not limited to: fire, accidents, illness, strikes, riots, war, transport restrictions and delays, government measures, disruption of the services of Internet providers, and any other circumstances that are beyond the translator’s control.
9.3 Cancellation of the contract as mentioned in article 9.1 and 9.2 does not release the client from his/her obligation to pay the work already performed.
Article 10 – Copyright
10.1 Barring explicit, written agreement to the contrary, the copyright to any translations or other texts produced by the translator shall rest with her.
10.2 The client shall indemnify the translator against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.
Article 11 – Applicable Law
11.1 The contract shall be deemed to have been made in the Netherlands and Dutch law shall be the proper law of the contract.
11.2 If any of these conditions turn out to not be legally valid, the other conditions will remain unimpeded.