GENERAL TERMS AND CONDITIONS
A client is understood to be any natural or legal person who instructs translation agency Fasttranslator to carry out any translation or interpreting work.
2. Quotation and entering into an agreement
2.1 As long as translation agency Fasttranslator 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any quotation provided in this respect, including the fee and/or delivery date, will be free of engagement and may be withdrawn or modified at any time.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 translation agency Fasttranslator, or if translation agency Fasttranslator sends a written confirmation of an assignment granted by the client. Written acceptance or confirmation is understood to include an acceptance or confirmation sent fax and/or e-mail.
2.3 Translation agency Fasttranslator will, in principle, confirm the assignment in writing to the client. Failure to send confirmation will not imply that the agreement has not been entered into.
2.4 Unless the client granting the assignment explicitly states that he/she 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/she states the name and address of this third party, translation agency Fasttranslator will consider the person who has granted the assignment to translation agency Fasttranslator to be the client.
2.5 If translation agency Fasttranslator has reasonable grounds to suspect that the client is not able to meet his/her payment obligations, translation agency Fasttranslator is authorized to request additional security of payment.
3. Delivery time and deadline
3.1 Should it appear that it will not be possible for translation agency Fasttranslator to meet the deadline due to exceptional circumstances, unless force majeure can be proven by translation agency Fasttranslator, translation agency Fasttranslator is held to notify the client of this immediately.
3.2 Delivery is understood to be the time that translation agency Fasttranslator returns the translation to the client by e-mail, regular mail, fax or courier.
3.3 With regard to the assignment which is to be carried out by translation agency Fasttranslator, the client is held to do all that is reasonably necessary in order to make timely delivery by translation agency Fasttranslator 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 translation agency Fasttranslator, then translation agency Fasttranslator 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 translation agency Fasttranslator.
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 translation agency Fasttranslator grants a discount. The extent of such a discount shall be solely at translation agency Fasttranslator’s discretion and depends on the work already carried out. Translation agency Fasttranslator will make the at that time completed work available to the client.
5. Carrying out assignments and confidentiality
5.1 Translation agency Fasttranslator gives an undertaking to its clients that translation agency Fasttranslator will ensure that any assignment for a translation will be carried out to the best of its ability and expertise.
5.2 Translation agency Fasttranslator 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 translation agency Fasttranslator, the client is held to make available any necessary information concerning the text to be translated, including any specific terminology.
5.4 Translation agency Fasttranslator will observe strict confidentiality regarding all information made available by the client. Translation agency Fasttranslator will inform the translators involved in the assignment on their duty to observe strict confidentiality with regard to the information provided. Translation agency Fasttranslator cannot be held liable for any unforeseen third party violation of their duty of confidentiality.
6. Fees, payment and collection costs
6.1 The fee shall be based on the number of words in the translated text (target text) multiplied by the applicable standard rate per word, unless translation agency Fasttranslator has agreed otherwise with the client. The standard rates and the applicable minimum fee are stated on the page Translation rates.
6.2 Besides the standard rate, translation agency Fasttranslator 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 into the account of translation agency Fasttranslator, within 30 days after the date stated on the invoice. 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 case of default, the client is liable to pay the legal interest rate and all other debt collection costs, including translation agency Fasttranslator administration costs of € 50 and the administration and/or commission costs of the collection agency, engaged by translation agency Fasttranslator.
7. Complaints and disputes
7.1 The client shall be required to notify translation agency Fasttranslator 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/her payment obligation.
7.2 If the client has not expressed any complaints when the deadline as stated in article 7.1 has expired, it is assumed that client has accepted the delivered assignment in full and any complaints made at a later date shall only be dealt with if translation agency Fasttranslator accepts them.
7.3 In the event of a complaint or dispute, translation agency Fasttranslator will make its opinion formally known, partly based on the expert opinion of the (relevant) independent translator(s).
7.4 In the event that translation agency Fasttranslator considers the complaint to be well-founded, either partially or entirely, translation agency Fasttranslator undertakes to do everything possible to rectify the complaint.
8. Liability and indemnification
8.1 Translation agency Fasttranslator can only be held liable for damages which are the direct and proven result of a shortcoming attributable to translation agency Fasttranslator. Translation agency Fasttranslator will not be held liable for any other damages in any form, including but not limited to, corporate damages, losses due to delay or loss of profit. Translation agency Fasttranslator shall in no way be liable for the incorrect translation of ambiguities in the source document.
8.2 Translation agency Fasttranslator's liability is at all times limited to an amount equal to the fee for the assignment concerned, excluding VAT, whereas in all cases the maximum liability will be € 10,000.
8.3 The client is responsible for the risk of the adverse consequences resulting from the use of the text translated by translation agency Fasttranslator, including personal injury and economic damage. The client shall be expected to check the correctness of any parts of a translation supplied by translation agency Fasttranslator 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 translation agency Fasttranslator produces translations to the best of its ability and expertise, it can under no circumstances rule out an omission.
8.4 Translation agency Fasttranslator shall not be held liable for any loss or harm caused by the use of documents, information or information carriers provided by the client. Furthermore translation agency Fasttranslator shall also not be held liable for any damages resulting from the use of information technology, the Internet and modern means of telecommunication, nor for any loss or harm as a result of the transportation or shipment of information (carriers).
8.5 The client shall indemnify translation agency Fasttranslator 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 fulfil his/her obligations or in the case of bankruptcy, as well as in the event of a moratorium or liquidation of the client’s company, translation agency Fasttranslator shall be entitled to cancel all or part of the agreement or to suspend its execution without being liable for compensation.
9.2 In the event that translation agency Fasttranslator fails to fulfil its obligations due to any circumstances beyond its control, translation agency Fasttranslator 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, translation agency Fasttranslator shall retain the copyright to any translation produced by the translator.
11. Applicable law
11.1 Dutch law will at all times apply to all legal relationships between translation agency Fasttranslator and the client. All disputes are subject to the verdict of an authorized Dutch judge. If a client holds translation agency Fasttranslator legally liable, this must always take place in the Netherlands.
12.1 Translation agency Fasttranslator is understood to be the translation agency Snelvertaler bv, located in Almere, the Netherlands, and registered in the Trade Registry in Lelystad, the Netherlands under number 39088569.
12.2 The most recent version of these general terms and conditions will be provided at the customer’s first request and is also available at www.fasttranslator.co.uk.
12.3 These general terms and conditions are applicable to all legal relationships between translation agency Fasttranslator and the client, and they nullify the client’s general terms and conditions, unless translation agency Fasttranslator has explicitly agreed in advance in writing to accept them.
12.4 These general terms and conditions are filed at the registry at the Chamber of Commerce in Lelystad, the Netherlands under number 39088569.
Last updated on: 30th October 2009.
Nicolette van Neer
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