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General Terms and Conditions

 

 

1. General information and validity

 

1.1. The listed general Terms and Conditions apply to the entire course of business between Agnes Lenkey (hereinafter known as “TRADUBALEAR”) and her clients. The present Terms and Conditions will be applied to solve all the questions and disagreements that may arise between TRADUBALEAR and her clients. The conditions of the client may only be binding if TRADUBALEAR has previously agreed with them and confirmed them in writing.


1.2. On acceptance of an order, the client accepts the present General Terms and Conditions for contracting, which will be in force during the whole duration of the business relationship between TRADUBALEAR and her clients.

 

2. Execution of orders

 

2.1. The translations will be carried out as soon as possible and in accordance with the basic principles of the profession.


2.2. All the services offered by TRADUBALEAR include the revision of the translation, which is of obligatory character and for which the client does not have to pay any additional fee.


2.3. The client assumes the responsibility to inform TRADUBALEAR of any special conditions and to provide all the documents and information necessary for the correct execution of the translation, including glossaries of the customer, tables, abbreviations, internal terms etc. Any errors resulting from non-compliance with the aforementioned obligations are not to be considered responsibility of TRADUBALEAR. 


2.4. The original layout of the text will be always preserved if the received text has an editable format like Word, Excel or Pdf. If the client has special text format requirements, these have to be communicated to TRADUBALEAR in advance.

 

3. Delivery times

 

3.1. Delivery deadlines shall be accorded in each case with the client. The delivery date shall be clearly included in the quote submitted by TRADUBALEAR to the client. 

 
3.2. A delivery will be considered as compliant with the accorded deadline after it has been demonstrably remitted by TRADUBALEAR to the client by means of an e-mail, fax, postal delivery or courier service. If due, postage and handling fees shall be on the client’s account; an exception to this rule may only be valid if it was previously accorded in written between TRADUBALEAR and the client.


3.3. TRADUBALEAR cannot be held responsible for non-compliance with the accorded delivery deadlines due to inevitable reasons or damages caused by force majeure.

 

4. Conditions of payment

 

4.1. In case of large-scale translations jobs, as well as in case of new or private clients TRADUBALEAR reserves the right to ask in advance for partial payments or installments according to the completed amount of text.


4.2. The payment shall be made as previously accorded between TRADUBALEAR and the client, within maximum 30 days after the reception of the translation/date of invoice. The payment shall be made in cash or by bank transfer to the account number provided by TRADUBALEAR.


4.3. In case of a client ordering a new translation who still did not fully pay for one of his/her previous translations, TRADUBALEAR reserves the right to postpone the remittance of the new translation until the previous translation jobs were fully paid. 

 
5. Modifications or rescissions of contract

 

5.1. If the client needs to modify his/her order after it has been placed, TRADUBALEAR reserves the right to modify the delivery dates and translation fees according to the changes that were introduced.


5.2. If the client rescinds a contract, TRADUBALEAR will send the client the already executed part of the translation together with the corresponding invoice.

 

6. Claims for defects and remedy of faults

 

6.1. TRADUBALEAR reserves the right to remedy any faults. The client must immediately check the translation after its delivery and formulate his/her claims in written, accompanied by exact and detailed information about the deficiencies that have to be remedied.


6.2. TRADUBALEAR will do its best to remedy the claimed faults immediately. The presentation of a claim on behalf of the client does under no circumstance exempt him/her from the full payment of the translation work.


6.3. If the client does not present any objections within a period of 30 days after delivery, the provided translation service will be considered as accepted. 

 

7. Liability

 

7.1. TRADUBALEAR is liable for the correct fulfillment of the translation work. As well, TRADUBALEAR is liable for the information received by the consulted experts, as far as no other agreement has been reached in this respect.


7.2. If there are ambiguous or incorrect formulations in the text that has to be translated, the client must explain said terms; should this not happen, TRADUBALEAR cannot be held responsible for the translation of these terms.


7.3. TRADUBALEAR will be liable solely in the event of culpable or gross negligence or intent, being the liability limited to the sum of the ordered translation. TRADUBALEAR cannot be held responsible for damages caused by the use of electronic tools (problems with the e-mail server, data impairment by viruses, etc.) or due to external problems of post mailing or courier services. 

 
8. Confidentiality

 

8.1. According to legal regulations and professional norms, TRADUBALEAR will hold strict confidence referring to all information and documents received by the client. 


8.2. If it is necessary for the correct fulfillment of the translation, TRADUBALEAR shall use the services of third professionals and experts. In this case, TRADUBALEAR must make sure that these third parties fully comply with the obligation of confidentiality. 

 
9. Author’s rights

 

9.1. Until the translation work has not been fully paid, TRADUBALEAR is the holder of the author’s rights of the translated text. Once the client has paid the agreed price for the service, the translation shall become intellectual property of the client. Notwithstanding the above, TRADUBALEAR shall have the right to keep for its own archive copies of the received documents and of the resulting translations, in each case under absolute observance of the confidentiality clause described in point 8 of this document.

 

10. Conservation of documents

 

10.1. TRADUBALEAR will preserve the received documents and information during a period of 60 days after their reception. After this period, TRADUBALEAR cannot be hold responsible for the conservation of said documents and information. 


11. Jurisdiction

 

11.1. The General Terms and Conditions described in this document are subject to Spanish law. For any controversies or discrepancies between the client and TRADUBALEAR, the parties submit themselves to the jurisdiction of the courts of Palma de Mallorca.

 

12. Other provisions

 

12.1. On request of the client, TRADUBALEAR will send him/her a copy of the latest version of present General Terms and Conditions, which are available on the homepage www.tradubalear.com as well.


12.2. TRADUBALEAR reserves the right to introduce changes in the present General Terms and Conditions and commits itself to continuously update  the corresponding information on the  homepage described in point 12.1.

 

       Last update: 1st of September 2013