General terms and conditions of translation and interpreting services


Article 1

Introductory provisions

1.   The General Business Terms and Conditions shall constitute the basis for all contracts entered into by the Client and the Contractor.

2.   The Client and the Contractor shall enter into a contract based on an order in writing.

The latter may take the form of an e-mail, a purchase order printout or a completed electronic order form (hereinafter referred to as: Order).

3.   If, within six (6) hours of receiving the Order, the Client receives no notification from the Contractor stating that they disagree with certain conditions of the Order, the Contracting Parties shall be deemed to agree with all conditions stipulated in the Order.

4.   If, within the period specified in item 3 of this Article, the Contractor indicates their disagreement with certain conditions, the contract shall only be entered into after agreement has been reached on the disputed conditions.

5.   The Client and the Contractor shall enter into the contract even if the Client has accepted the Contractor’s proposal for changes to the conditions of the Order. In such case, the new conditions shall apply to the contract.

6.   Changes to or the revocation of the accepted conditions of the contract shall be subject to the consent of both Contracting Parties.

Article 2

Subject of contract

The provision of services based on the Contractor’s core business activity shall constitute the subject of the contract, with emphasis on translation and interpreting services in line with the requirements of the Order (hereinafter referred to as: Work).

Article 3

Translation

1. General provisions

1.1. After having fulfilled the conditions stipulated in Article 1, the Contractor shall undertake to perform the Work according to the agreement and by taking the agreed language, deadline and manner of delivery into account.

1.2. By placing the Order, the Client shall undertake to accept the performed Work and pay the agreed price for it according to Article 5, item 2.

2. Delivery deadline

2.1.   The Client must receive the performed Work by the deadline and in the manner specified in the Order.

2.   The Client or its authorized employee must confirm the receipt of the performed Work immediately, which at the same time means that the Work was performed by the agreed deadline and delivered in the agreed manner.

2.3.   If the Client fails to fulfil its obligation stipulated in item 2.2. of this Article and poses no questions regarding the Work within 24 hours following the delivery deadline, the Contractor shall assume the Client to have received the performed Work by the agreed deadline and in the agreed manner.

2.4.   The delivery of the performed Work shall not be deemed too late if, at the Client’s request, the Contractor re-sends the performed Work and proves it has been sent before.

2.5.   If a valid reason makes the delivery in the agreed manner impossible, the Contractor may choose another manner of delivery at the Client’s expense. The Client shall be informed of such situation in advance.

2.6.   If the Client rejects the ordered and performed Work without valid reasons acknowledged by both Contracting Parties, the Work shall be deemed to have been performed and the Contractor may issue an invoice that the Client shall be obliged to pay.

3. Rights and obligations

3.1.   The Client must inform the Contractor of the intended use of the performed Work.

3.2.   If no information on the intended use of the performed Work is received by the Contractor, any complaints regarding the intended use shall be rejected. If the Work is intended to be published, the Order must explicitly specify that it concerns the translation of a text which is to be published.

3.3.   If the text constituting the subject of the Order consists of particularly uncommon (technical or other) terms, abbreviations, etc., the Client must provide the Contractor with a list of suitable terminology or provide it with other reference materials or designate a responsible person who will be available for consulting on the specific terminology. If the Client fails to fulfil this obligation, any complaints regarding the terminology shall be rejected.

3.4.   If the Contractor receives a reminder pursuant to item 2.3. of this Article, the Contractor must send the performed Work to the Client immediately thereafter.

3.5.   The Client must inform the Contractor of all circumstances that may substantially influence its solvency. The Client must inform the Contractor of all company decisions that may suggest its bankruptcy or winding-up.

3.6.   The Contractor shall assume no responsibility for any breach of copyright.

3.7.   The Contractor shall undertake to respect the confidential nature of all activities concerning the subject of the contract and to treat all materials provided by the Client as strictly confidential.

4. Complaints

4.1.   The performed Work shall be deemed imperfect if it is not performed pursuant to the Order.

4.2.   In addition, the performed Work shall be deemed imperfect if the quality of the grammar and style and the accuracy in terms of semantics are not at a satisfactory level.

4.3.   In all other cases, the Work shall be deemed to have been performed pursuant to the requirements.

4.4.   Complaints shall be accepted in writing only. The written complaint must give reasons for the complaint, describe the type of mistake and state the number of mistakes, if possible.

4.5.   If the Client’s complaint proves to be justified, the Contractor shall correct the mistakes at its own expense. In such case, the Client shall be entitled to a discount on the performed service of up to 10%.

4.6.   If the Client’s complaint proves to be justified and not to concern a mistake specified in item 4.2. of this Article, or if the Client rejects the suggested solution, the Client shall be given an appropriate discount on the performed service.

4.7.   The amount of such discount shall be subject to an expert opinion.

4.8.   In case of a dispute between the Contracting Parties with regard to the claims submitted by the Client in time and concerning the responsibility for mistakes stipulated in item 4.2. of this Article, the Contracting Parties shall undertake to resolve the dispute outside the court, by way of an expert opinion given by an impartial arbitrator. The latter shall be chosen by mutual consent by both Parties from the list of sworn translators and interpreters of the relevant court.

4.9.   The amount of the given discount pursuant to item 4.2. of this Article shall be based on the findings in the expert opinion.

4.10.   Both the Contractor and the Client shall pay an equal amount for drawing up of the expert opinion which shall be given by an impartial arbitrator pursuant to the provisions of item 4.8. of this Article. The final settlement of costs for the opinion shall take into account the success of each Contracting Party in the complaint procedure.

4.11.   The Contractor shall be liable for any damage that may occur due to the mistakes in the performed Work, up to the amount of the Work’s final price.

 5. Time-limit for complaints

5.1.   A claim based on the responsibility for mistakes shall be deemed invalid if it is filed after the time-limit for complaints has expired.

5.2.   The Client must submit a claim to the Contractor immediately after discovering the mistake in the performed Work, but no later than within 30 days following the receipt of the performed Work.

5.3.   The claims shall be deemed to have been filed too late if they are filed after the time-limit specified in item 5.2. of this Article has expired.

Article 4

Interpreting assignments

1. General provisions

1.1. After having fulfilled the conditions stipulated in Article 1, the Contractor shall undertake to perform the Work according to the agreement (interpreting assignment) and by taking the agreed language, time and location into account.

1.2.   The Client shall undertake to pay the final price for the interpreting assignment pursuant to Article 5, item 2.

1.3.   The Contractor’s duty is to provide interpreting services by way of an interpreter.

2. Time of interpreting assignment

2.1.   The Client must accept the interpreting assignment at the time and in the manner specified in the Order.

2.2.   The Client or one of its authorized employees must, by way of a report on the interpreting assignment, immediately confirm in writing that the interpreting assignment was performed, which at the same time means that the Work was done by the agreed deadline and in the agreed manner.

2.3.   If the Client rejects the agreed interpreting assignment without valid reasons acknowledged by both Contracting Parties, the Work shall be deemed to have been performed and the Contractor may issue an invoice that the Client shall be obliged to pay.

3. Rights and obligations

3.1.   The Client must inform the Contractor of the purpose of the interpreting assignment, and whether and in what manner the interpreting will be recorded.

3.2.   If no information on the purpose of the interpreting assignment is received by the Contractor, any complaints regarding the purpose shall be rejected.

3.3. The Client must provide the Contractor with reference materials at least three (3) days prior to the actual interpreting assignment (e.g. programme, minutes of previous meetings, reports and documents in writing). If the Client fails to fulfil this obligation, any complaints regarding the terminology shall be rejected.

3.4.   The Client must inform the Contractor of all circumstances that may substantially influence its solvency. The Client must inform the Contractor of all company decisions that may suggest its bankruptcy or winding-up.

3.5.   The Contractor shall assume no responsibility for any breach of copyright.

3.6.   The Contractor shall be obliged to respect the confidential nature of all activities concerning the interpreting assignment and to treat all materials provided by the Client as strictly confidential.

3.7.   The Client shall not be entitled to request the interpreter to perform any other activities which are not in line with the Order (e.g. written translations, drawing up minutes at the meeting, organising and guiding tours).

3.8.   The Contractor shall be entitled to the payment for the total duration of the interpreting assignment, even if the Client does not use up all of the time specified in the Order.

3.9.   The Client must create suitable conditions enabling the performance of a certain type of interpreting assignment, including technical support if it is not provided by the Contractor.

4. Transport, accommodation and meals

4.1.   The Client must provide the interpreter with transport from the agreed location to the location of the interpreting assignment with a means of transport suitable for travelling from one location to another.

4.2.   In case the interpreter uses their own means of transport, the Client must reimburse the Contractor for interpreter’s travel expenses.

4.3.   The Client must provide the interpreter with an accommodation in a single room with bath.

4.4.   In case of an uninterrupted interpreting assignment, the Client must enable the interpreter to take a half-hour meal or rest break, at an interval of no more than four and a half hours.

4.5.   An interpreter’s working day shall be deemed to have 7 hours, including breaks.

4.6.   The Contractor shall be entitled to the reimbursement for the time the interpreter spends with regard to the agreed interpreting assignment.

5. Complaints

5.1.   The interpreting assignment shall be deemed unsatisfactory when not performed in line with the Order.

5.2.   Complaints shall be accepted in writing only. The written complaint must state reasons for the complaint and describe the type of flaws. The complaint may be justified by way of a recording.

5.3.   In case the Contractor finds the complaint to be justified, the Client shall be given an appropriate discount on the performed service.

5.4.   In case of a dispute between the Contracting Parties with regard to the claims submitted by the Client in time and concerning the responsibility for mistakes, the Contracting Parties shall undertake to resolve the dispute outside the court, by way of an expert opinion given by an impartial arbitrator.

5.5.   The amount of such discount shall be subject to an expert opinion.

5.6.   Both the Contractor and the Client shall pay an equal amount for drawing up of the expert opinion which shall be given by an impartial arbitrator pursuant to the provisions of item 5.4. of this Article. The final settlement of costs for the opinion shall take the success of each Contracting Party in the complaint procedure into account.

5.7.   The Contractor shall be liable for any damage that may occur due to the mistakes in the performed Work, up to the amount of the Work’s final price.

6. Time-limit for complaints

6.1.   A claim based on the responsibility for mistakes shall be deemed invalid if filed after the time-limit for complaints has expired.

6.2.   The Client must file a claim based on the unsatisfactory interpreting assignment immediately after becoming aware of mistakes, but no later than 30 days after the day of the interpreting assignment.

6.3.   The claims shall be deemed to have been filed too late if they are filed after the time-limit specified in item 6.2. of this Article has expired.

Article 5

Price

1.   The price shall be determined based on the valid pricelist of Contractor’s services and the price calculation procedure described in the pricelist.

2.   Unless otherwise agreed, a page of translation shall be charged per 250 words, with the basis being the number of words in the source language (unless the printed format of the original does not allow for the precise counting of words – in this case, the basis shall be the number of words in the target language).

3.  All prices are in euro (EUR) and exclude VAT.

4.   The pricelist of services provided by our company is an essential, integral part of the General Business Terms and Conditions.

Article 6

Terms of payment

1.   The Contractor may issue an invoice immediately after having completed the Work in line with the Order.

2.   Payment for the Work shall be based on the invoice issued by the Contractor. The due date is stated in the invoice.

3.   In case of a delay in payment, the Client must pay the Contractor default interest at the statutory rate for every day of delay.

4.   The Contractor may issue an invoice to the Client for an advance payment that the Client must settle by the date specified on the invoice.

Article 7

Rescission and compensation

1.   Any Contracting Party may rescind the Contract if, following the conclusion of the Contract, insuperable obstacles appear on its side preventing it from fulfilling its obligations.

2.   The Contracting Party rescinding the Contract must inform the other Contracting Party thereof in writing.

3.   If the Client rescinds the contract, they must pay the Contractor forfeit. The amount of forfeit is stated in the Contractor’s pricelist.

4.   The Contractor shall assume no responsibility for any loss incurred by the Client that may arise due to the rescission of the Contract and the consequential non-fulfilling of the obligations, provided that this was due to unforeseen and inevitable events that the Contractor could not have prevented.

5.   If the text is to be published or distributed in any way, the Client must inform the Contractor thereof. If the Client does not require the Contractor to verify the texts to be published, the Client is not entitled to compensation if a mistake is discovered in the translated text.

Article 8

Specific provisions

1.   The Client shall undertake not to contact the translator or interpreter without the Contractor’s express consent.

2.   In case of contacting the translator or interpreter with the Contractor’s consent, the Client shall undertake not to discuss the matters concerning the terms of business regarding a certain Work.

3.   In addition, the Client shall undertake to inform the Contractor of any change previously agreed on with the translator or interpreter.

4.   If a violation of obligations pursuant to items 1., 2. and 3. of this Article is established, the Client must pay the Contractor the contract penalty of EUR 3,000.00 for each case of violation, even if the Work has not been finished appropriately.

Article 9

Final provisions

1.   Unless otherwise stipulated in these General Business Terms and Conditions, the legal relationship between the Contracting Parties shall be subject to the relevant legal provisions.

2.   The text in the above mentioned General Business Terms and Conditions shall be binding on the Contracting Parties.

3.   The above mentioned business conditions shall be considered the General Business Terms and Conditions of ATE Globalis d.o.o., with its head office at Stegne 7, Ljubljana, and shall apply as of 1 January 2013.

 

 

In Ljubljana, on 2 January 2013                                  Anita Hostnik, Manager


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