These General Terms and Conditions (GTC) govern all professional relations between BeTranslated (hereinafter “The Language Service Provider”), located at Calle José Aguilar 8, 46022 Valencia, and its clients (hereinafter “The Client”). These GTC also apply to all subsequent and additional orders even if not expressly stated in a document. All other agreements, GTCs or provisions will only apply following the signing of an agreement drawn up by the Language Service Provider.
1.1 All translations will be an accurate reflection of the original document in terms of content, style and grammar. Should the client have any special requirements (e.g. translations for legal purposes, publications, advertising, etc.) then these must be specified when placing the order, otherwise the Language Service Provider is only responsible for carrying out the translation in the manner described in point 1.
1.2 If specific terminology is required, the Client must provide said terminology in the form of glossaries, illustrations, tables, abbreviations, etc. when placing the order.
1.3 The technical and linguistic accuracy of the source text is the sole responsibility of the Client.
1.4 The Language Service Provider is hereby authorised to employ qualified third-parties to execute the order. The Language Service Provider is only liable for their careful selection; however, it is required to pass on any Client complaints to the third-party at the Client’s request.
2 Translation fees
2.1 The translation fees reflect the tariffs currently applied by the Language Service Provider unless the parties have reached a different mutual agreement.
2.2 Unless stipulated otherwise, the tariffs are based on the source text (supplied by the Client).
2.3 Fees generated by work that goes beyond a simple translation will be invoiced in agreement with the Client.
2.4 Only costs stated in writing shall apply and only after analysing the documents to be translated.
2.5 Additional charges may apply to urgent jobs i.e. those carried out at the weekend, at night and on legal public holidays.
3.1 The Language Service Provider is considered to have fulfilled its delivery obligations once the delivery has been made via the method agreed upon by the Language Service Provider and the Client.
3.2 The delivery date shown on the order confirmation document obligates the Language Service Provider to comply with the translation delivery deadline. However, this obligation is subject to the Client providing all the necessary information i.e. the source text(s) and any other useful information in a timely manner. If these obligations are not fulfilled in a timely manner, the delivery deadline will be extended to take into account the non-timely delivery of said information.
3.3 Failure to comply with the delivery date shall only give rise to the right of the Client to terminate the contract if the announced deadline was firm and binding and that the Client complied with the requirements as set out in section 3.2 and that the delay announced by the Head of the Language Service Provider had not been announced in advance. The Client may only claim damages and compensation if the Language Service Provider intentionally caused harm or was guilty of gross negligence.
4 Force majeure/Cancellation
The Language Service Provider hereby agrees to inform the Client immediately in the event of a force majeure. In this case, both parties may terminate the contract. The Language Service Provider may request a reasonable delay where the nature of the service allows for this. In the event of cancellation, the Client is liable for all incurred costs and services already provided.
5.1 The Client must inform the Language Service Provider of any failings as to the quality of the translation in the 14 days following receipt of the translation. Once this period has expired, the translation will be considered as having been approved. All errors reported by the Client must be clearly indicated and described in writing by the Client.
5.2 The translation provided by the Language Service Provider to the Client is registered with the Language Service Provider and is considered as being the applicable source text.
5.3 The Client will grant the Language Service Provider sufficient time in which to rectify any errors. Should the Client refuse, the Language Service Provider is released from any liability in this respect. If the errors are corrected within the time period defined by the Language Service Provider, the Client is not entitled to a discount.
5.4 The sub-contractor or translator is entitled to three attempts in which to rectify the errors and must be given sufficient time to do so on each occasion. Should a translator submit a machine translation, an automatic translation or a Google translation, he/she will not be authorised to rectify the errors given that he/she was not able to complete the translation correctly.
5.5 A complaint made in the framework of the guarantee, does not give the Client the right to delay payment or exercise its right to claim compensation.
5.5.1 ALL costs incurred by an early payment, and any other payments, by the Client shall be borne by the Client.
5.6 For published translations, whether for commercial or private purposes (e.g. websites), liability for errors only applies if the Client explicitly stated in writing its intention to publish the text, and that said text for publication was presented to the Language Service Provider for proper analysis. If more than two corrections are required, the Language Service Provider shall be paid a reasonable fee or hourly rate (as stipulated by the Language Service Provider).
5.7 Stylistic changes (e.g. synonyms or personal preferences) and modifications to specific terms (in particular, terms related to an activity or a company) are not considered as translation errors.
5.8 The Language Service Provider can not be held liable for the correct translation of specific abbreviations if they were not submitted by the Client at the time the order was placed.
5.9 Moreover, the translator or the sub-contractor is not liable for the correct spelling of names and addresses in documents written in non-Roman alphabets and not typed terms if an original was presented in the Roman alphabet.
6 Liability and compensation
6.1 All claims for compensation and damages made against the Language Service Provider must not exceed the net amount of the invoice (unless legally required). This restriction only applies if the damages were caused by gross negligence or deliberate wrongdoing. Liability for loss of profit and indirect losses is excluded.
6.2 Should the Client require the Language Service Provider to take out liability insurance, the Client will be asked to cover the cost of the applicable premium.
7 Payment methods
7.1 Payment is due upon receipt of the invoice. The Client will be in default, if payment is not made within the 30 (thirty) days following the due date and receipt of the invoice.
7.2 The Language Service Provider reserves the right to apply late penalty charges to all late payments. Late payments charges will be 15% of the due total, with a minimum of charge of 50.00 EUR/USD, and will be invoiced to the Client after the first payment reminder is sent and if payment is not made in the five days following receipt of said reminder.
This provision complies with the Late Payment Directive 200/35/EC of the European Parliament and the Council dated 29 June 2000.
8.1 The Language Service Provider retains the copyright of the translation, its glossaries and list of associated terms. This also applies to translations supplied using “translation tools”,
8.2 The client is required to compensate in full the Language Service Provider, or any third-party designated by the the Language Service Provider, in the event that a claim for breach of copyright in a supplied translation is made. This includes any costs linked to legal proceedings.
9 Non-disclosure/Data Protection
The sub-contractor or translator hereby agrees to comply with the non-disclosure requirements and must ensure that its personnel comply with these requirements. Should any employees not comply with these requirements, the Language Service Provider will be liable for gross negligence in terms of selecting its personnel. In the case where data and/or information provided by the Client is necessary to execute the contract by an authorised third-party, the Language Service Provider shall be exempt from this requirement. The Client’s personal data (name and address) is stored for the purposes of commercial communication only (Articles 10 and 11 of the 95/46/EC Directive).
The contract shall remain binding even in the case of the legal invalidity of individual parts of the document. In this case, an unenforceable provision will be replaced with the most binding provision i.e. the provision closest in intention to the unenforceable provision. This also applies in the event of negligence, oversights and exclusions in the contract.
11 Place of Performance/Jurisdiction
11.1 The place of performance is the registered office of the Language Service Provider.
11.2 To the extent permitted by law, the applicable jurisdiction shall be that of the country where the Language Service Provider has its registered office.
11.3 International law applies.