General Terms and Conditions
A client is understood to be any natural or legal person who instructs the translator to carry out any translation or editing work.
2. Quotation and entering into an agreement
2.1 As long as the translator has not had the opportunity to assess the nature of the entire document to be translated and/or edited, any quotation provided in this respect, including the fee and/or delivery date, will be free of obligation and may be withdrawn or modified at any time.
2.2 An agreement will have been entered into after the client accepts, either verbally or in writing, a quotation issued by the translator, or if the translator sends written confirmation of an assignment issued by the client. Written acceptance or confirmation is understood to include an acceptance or confirmation sent by post or e-mail.
2.3 The translator will, in principle, confirm an assignment in writing. Failure to send confirmation will not imply that the agreement has not been entered into.
2.4 Unless the person issuing the assignment explicitly states that he is acting by order of, on behalf of or on account of a third party at the moment the agreement is entered into and unless he states the name and address of this third party, the translator will consider the person who has issued the assignment to be the client.
2.5 If the translator has reasonable grounds to suspect that the client is not able to meet his payment obligations, the translator is authorized to request additional security of payment.
3. Delivery time and deadline
3.1 The translator will respect the agreed delivery time, except in cases beyond the translatorís control. Should it appear that it will not be possible for the translator to meet the deadline due to exceptional circumstances, the translator is obliged to notify the client of this immediately.
3.2 Delivery will have taken place at the time that the translator returns the translation to the client by e-mail, post or courier.
3.3 With regard to the assignment which is to be carried out by the translator, the client is obliged to do all that is reasonably necessary in order to make timely delivery by the translator possible.
4. Modification or withdrawal of an assignment
4.1 In the event that the client makes changes or additions to an assignment after the agreement has been entered into and if these changes and/or additions are not of a limited nature, which is solely at the discretion of the translator, then the translator reserves the right to either alter the delivery time(s) and/or the fee in accordance with the modifications or to reject the modifications.
4.2 Any alterations to the agreed conditions of an assignment which are made after the agreement has been entered into only take effect after written acceptance and confirmation by the translator.
4.3 In the event that a client withdraws an assignment after an agreement has been entered into, the client is liable for payment of the agreed fee in full, unless the translator grants a discount. The extent of such a discount shall be solely at the translatorís discretion and depends on the work already carried out. The translator will deliver to the client all the work which has already been completed.
5. Carrying out assignments and confidentiality
5.1 The translator gives an undertaking to her clients that it will ensure that any assignment for a translation will be carried out to the best of her ability and expertise.
5.2 The translator has the right to engage the services of a third party, i.e. an independent, qualified, freelance translator, to carry out an assignment.
5.3 With regard to the desired level of quality of the translation to be performed by the translator, the client is obliged to make available any necessary information concerning the text to be translated, including any specific terminology.
5.4 The translator undertakes to treat all information provided by the client with strict confidentiality. The translator undertakes to inform any independent translator whose services it engages of his or her duty to ensure the confidentiality of any information he or she may receive. The translator cannot be held liable in the unlikely event that a third party fails to comply with his or her duty of non-disclosure.
6. Fees, payment and collection costs
6.1 The fee shall be based on the number of words in the original text (source text) multiplied by the applicable rate per word, unless the translator has agreed otherwise with the client.
6.2 Besides the standard rate, the translator will also include a surcharge in the event that the text to be translated requires additional editing, is of an extraordinary or specialist nature, or if it needs to be translated very urgently. The aforementioned list is not exhaustive.
6.3 The rates stated exclude VAT, unless explicitly stated otherwise.
6.4 Invoices shall be paid within two weeks after the date stated on the invoice, unless otherwise agreed on. The client will immediately be in default, without the need for proof of default, in the event of the non-timely payment of an invoice. In the case of default, the client is liable to pay the legal interest rate and all other debt collection costs.
7. Complaints and disputes
7.1 The client shall be required to notify the translator in writing, including reasoning relating to the contents and a detailed explanation, of any complaint concerning a translation as soon as possible, but no later than ten working days following delivery. The submission of a complaint shall, under no circumstance, relieve the client of his payment obligation.
7.2 If the client has not expressed any complaints when the deadline as stated in article 7.1 has passed, it is supposed that he has accepted the delivered assignment in full and any complaints made at a later date shall only be dealt with if the translator accepts them.
7.3 In the event of a complaint or dispute, the translator will make her opinion formally known, partly based on the expert opinion of the (relevant) independent translator(s).
7.4 In the event that the translator considers the complaint to be well-founded, either partially or entirely, the translator undertakes to do everything possible to rectify the complaint.
8. Liability and indemnification
8.1 A client shall only be entitled to hold the translator liable for loss or damage that can be proven to be a direct result of an error that may be attributed to the translator. The translator shall, under no circumstances, be liable for any other form of damage, such as a loss of profits, a loss due to a delay or loss of earnings. The translator shall in no way be liable for the incorrect translation of ambiguities in the source document.
8.2 The translator's liability is limited to an amount equal to the fee for the assignment concerned, excluding VAT.
8.3 The client is responsible for the risk of the adverse consequences resulting from the use of the text translated by the translator, including personal injury and economic damage. The client shall be expected to check the correctness of any parts of a translation supplied by the translator which are important to him or which are of an essential nature, such as figures and medical information, in view of the fact that, whereas the translator produces translations to the best of his ability and expertise, she can under no circumstances rule out an omission.
8.4 The translator shall not be held liable for damage to or the loss of any documents, information or information carriers which the client places at the translatorís disposal. Furthermore, the translator shall not be held liable for any loss or harm caused by the use of information technology, the Internet and modern means of telecommunication, nor for any loss or harm as a result of the movement of information (carriers).
8.5 The client shall indemnify the translator against any claim made by a third party in relation to the alleged infringement of a title of ownership, patent or intellectual rights of ownership.
9.1 Should a client fail to fulfill his duties or in the case of bankruptcy, moratorium or liquidation of the clientís company, the translator shall be entitled to cancel all or part of the agreement or to suspend her execution without being liable for compensation.
9.2 In the event that the translator fails to fulfill her obligations due to any circumstances beyond her control, she shall be entitled to postpone or terminate the agreement without being held liable for compensation. Extraordinary circumstances include, but are not limited to, fire, accidents, strikes, riots, war, transport problems and measures taken by public authorities.
10.1 Unless explicitly agreed otherwise, the translator shall retain the copyright to any translation produced by the translator.
11. Applicable law
11.1 Dutch law is applicable to all legal relationships between the translator and the client. All disputes are subject to the assessment of an authorized Dutch judge. If a client holds the translator legally liable, this must always take place in the Netherlands.
12.1 The most recent version of these general terms and conditions will be provided at the customerís first request and is also available at www.vertaalenzo.nl.
12.2 These general terms and conditions are applicable to all legal relationships between the translator and the client, and they nullify the clientís general terms and conditions, unless the translator has explicitly agreed in advance in writing to accept them.