The following provisions are legally binding for both parties and the Client acknowledges to have read and understood them.
1. Precedence
Our Terms & Conditions prevail over those of the Client and, except for a well-defined stipulation to the contrary, the Client explicitly waives their own Terms & Conditions.
2. Liability
A. Of the Translation Agency
We accept no liability when a delay in the delivery of the work is due to illness, accident, temporary occupational disability or force majeure in general. We do not accept liability when the delay is due to late delivery by the Client or by Third Parties (courier services, post, etc.) or when the source text and/or the translation themselves are damaged during transport. The same applies when the Client does not provide the required information to start or complete the translation in a timely manner. We are not responsible for the loss of the source text or the translation by third parties (courier services, post, etc.). We accept no liability for errors in the text delivered by the Client. However, we do commit ourselves to reporting such delay to the Client as soon as possible. However, with the completion of the job, we accept the responsibility for the quality of the translation work, insofar as it is used without any modifications. Our liability is in each case limited to the invoiced amount exclusive of VAT for the assignment in question.
B. Of the Client
The Client shall provide us with all information required for the proper completion of the requested assignment before or during its execution.
3. Capacity of the Client
The client shall be deemed to act in the capacity of the author of the text to be translated and explicitly allows the translation thereof in accordance with articles 1 and 3 of the Copyright Act of 30 June 1994. By granting their permission for the translation of the text, the Client waives all claims on account of the use of the source text.
4. Fees
The applicable fees are set out in the order confirmation for each assignment. All amounts mentioned are exclusive of VAT, unless explicitly agreed otherwise.
5. Deadline
A deadline is agreed upon with the Client in writing. This deadline becomes active upon receipt of the source text as well as the definitive translation order.
6. Acceptance of the Translation Assignment
The Client shall enable us to assess the complexity of the text to be translated. We shall always confirm an assignment offered and accepted by telephone via e-mail, outlining the agreed fees and deadline. Receipt of the order confirmation by the Client shall constitute their acceptance thereof. The same applies to assignments the Client sends us in writing.
7. Execution of the Translation Assignment
We reserve the right to employ third parties for the execution of translation assignment in accordance with confidentiality and contractual agreements.
8. Cancellation of the Translation Assignment
A translation order can be cancelled by the Client before or during the translation. If the translation assignment is cancelled before the start of any translation work, a fixed administrative charge of 50 Euro shall be due. If it is cancelled in the course of the translation work, the Client shall have to pay a compensation consisting of the fee for the translation work which has actually been performed. In the latter case, an additional fee of 20% of the quoted amount shall be due for breach of contract.
9. Complaints: Term and Motivation
For complaints against the quality or delivery of a translation, a period of no longer than 8 days is given for such notice of the complaint by registered post. Each invoice that is not contested within 8 days shall be considered as accepted by the Client. A complaint does not interrupt the payment term. Complaints regarding non-conformity of the translation which are filed within the contractual term must be clearly motivated using dictionaries, glossaries and/or equivalent texts written by competent native speakers. Unmotivated rejection of a translation shall not provide justification for not paying the invoice. If the complaint is well-founded, we shall correct or replace the delivery within a reasonable term or, if the translator cannot reasonably be expected to fulfill the correction request, grant a price reduction.
10. Competent Court
All disputes between the parties arising from or related to the services, operations and contracts shall be decided exclusively by the courts of the legal district of our registered office, i.e. Leuven. All disputes arising from or related to the interpretation or enforcement of the agreement are exclusively governed by Belgian law.
11. Payment
The net amount of our invoices is payable by wire transfer without any discounts within 30 days upon receipt of the invoice, unless a different payment method has been explicitly agreed upon in writing. In case of full or partial non-payment of the amount due on the expiry date, the invoice amount is increased by a delay interest of 12% per year by operation of the law and without notice of default, even if days of grace are granted. In addition, the amount of the unpaid invoices shall be increased by 10% with a minimum of 125 EUR by operation of the law as a compensation for damages as of the day following the expiry date of the invoices, also by operation of the law and without notice of default.
12. Confidentiality
We are bound by professional confidentiality and the ethics code of translators. This includes confidential treatment of the contractor’s identity, the contents of the source text and the translation itself.
13. Privacy Protection
The personal details are, except if the Client explicitly objects to this, included in our database. They are only used internally and for future promotional actions. The Client has the right to consult and, if required, correct these data (Act of 8 December 1992).
Eric
Attorney
Anna
Operations Manager at an engineering company
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