
Reception of Orders and Delivery of Translations to the Customer
1.
By delivering a text to be translated the Customer confirms their
agreement with the Terms and Conditions of the translations office
SIA APLIS.info (hereinafter referred to as the Company), unless
otherwise agreed in writing.
2.
The Company shall confirm the order by e-mail notifying the
Customer of these terms and conditions.
3.
The Customer shall deliver the material to be translated by e-mail or other means agreed by the parties. Translations shall be
delivered by e-mail or other means agreed between the parties.
4.
The Customer shall be obliged to deliver the material to be translated
to the Company in a legible form. In case if the material delivered by
the Customer is not clearly legible, the Company shall be entitled to
refuse from providing translation or to provide an incomplete
translation.
5.
The Company shall be entitled to refuse to accept an order from any
Customer regardless of circumstances.
6.
The translation shall be done maintaining the form of the original
text and, as far as possible, the structure if the text is submitted
in formats of MS Word, Excel or PowerPoint. If the Customer submits
texts for translation in other formats, the Company shall complete
translation in MS Word format. The Company may fulfil an order using
the format required by the Customer, however, in this case a separate
agreement is made and formatting is deemed to be a separate service
for which a separate fee is charged.
7.
Property and non-property rights on translations shall pass on to the
Customer upon full payment for the translations.
Terms and Prices
8.
With regard to the term and price which are offered upon receipt of an
order, the Company shall have rights to re-consider conditions or
withdraw the order if after evaluation of the text it is established
that the conditions offered initially are not feasible.
9.
Payment for translations services shall be calculated upon the
Company's Pricelist in effect, unless otherwise agreed in writing. A minimum Pricelist fee applies. The Company
also may
charge a deposit.
10. The
Company shall be entitled to review the Pricelist without prior
notice. However, the Company shall use its best endeavours to inform
regular customers about the Pricelist changes.
11.
During translation process, any changes of the initial price are
permissible upon agreement (changes of work amount of the order or
changes in level of difficulty during translation process, deviation
of the plan required by the Customer). However, the Company shall not
be entitled to charge higher prices, unless prior agreement is
received from the Customer. If the Customer does not agree with the
price increase, the Company is entitled to decline to fulfil the
order.
12. The
minimum term of fulfilment of the order shall be the next day from
receiving the order.
13. The
Company holds rights to charge a fee above the standard fee in
the Pricelist in the following cases:
o
when the Company must fulfil orders which require working outside
normal business hours;
o
when the Customer requires translation of a text containing more than
18,000 characters (10 standard pages) during one business day;
o
when the Customer requires that the order is fulfilled on the same day
of its placement.
14.
Should the Customer withdraw an order placed with the Company, the
Company shall be entitled to charge a fee for the part of the work
fulfilled by sending the Customer the started translation within 1
hour after receiving the order. In case of withdrawing a translation
order the price of which initially was set with a discount for a
certain text amount, the Company shall charge a fee for the fulfilled
work without applying the discount.
15. If
the Company and the Customer have agreed on discounts for certain text
amounts and translation of the agreed text amount is not ordered, the
Company holds rights of not applying the discount when calculating the
price.
16. If
an agreement is made between the Company and the Customer on payment
in instalments and the Customer fails to make any instalment payment
in due term, the whole sum shall be immediately rendered.
17.
After fulfilling the translation work, an invoice is sent by post to
the Customer. The Customer undertakes to receive and pay for the works
fulfilled according to the order. Unless otherwise agreed in writing,
the Customer’s obligation is to pay the invoice within 10 days after
receiving the invoice by transferring the respective amount to the
bank account identified by the Company or send the Company motivated
claims.
18. For
collection of delayed payments various methods may be used (including
judicial). The Customer is responsible for covering the costs accruing
from using these methods.
19. In
case of delay in delivering the translation which is agreed between
the Parties (due terms are indicated in e-mail letters), the Customer
is entitled to require price reduction of 1% for each day of delay.
20. In
the event of payment delay the Company shall be entitled to terminate
further fulfilment of orders.
Confidentiality
21. Any
information on the Customer not intended for publishing and received
by the Company is confidential. The Company is not authorised to
disclose such information to third persons without the Customer's
consent.
22. The
Company shall be released from responsibility for disclosing
information which has been published by the Customer or any third
persons before.
Quality
23. The
Company guarantees fulfilment of all the orders in high professional
quality, as far as the materials submitted by the Customer and the
available information allow.
24. The
Company is not responsible for mistakes which have occurred due to
wrong information provided by the Customer, as well as for losses or
inconveniences resulting from such mistakes.
25.
Although the aim of the Company is to provide as precise and literal
translations as possible, the Company may change formulations in order
to ensure right grammatical forms and make the text better readable.
26. In
the event that the translatable text cannot be interpreted
unambiguously or its formulation is imprecise and the Customer has not
provided respective explanations, the Company tries, in good faith, to
interpret the text, and within limits of opportunity to add a
respective comment. The Company is not held responsible for wrong
interpretation in such cases.
27. The
Customer undertakes to inform the Company about exclusive importance
of translations the mistakes of which may cause serious consequences,
as well as check such translations themselves (numbers, data etc.).
28.
Unless another agreement is made, all the translations fulfilled by
the Company are intended for information only and with regard to their
suitability for publishing no guarantee is given. Text-editing
(literary processing, adaptation for specific target audience,
adaptation of advertising material for national audience etc.) is a
separate service, for which the Company may charge an additional
payment.
29.
Despite the fact that the Company uses its best endeavours to ensure
maximum accuracy of translations, the Company cannot guarantee
compliance with the Customer's subjective preferences and the Company
is not responsible for any losses or damages caused by inaccuracy or
different interpretation, except the event when the mistake is such
that no reasonably competent translator could have made it.
Responsibility
30. The
Company does not hold responsibility for any losses or damages caused
by delayed or incomplete delivery of documentation.
31. The
Company does not hold responsibility for any losses or damages caused
by some documentation or material sent to the Customer (including
computer viruses).
32. The
Company is not responsible for any losses or damages to documentation
or materials submitted by the Customer, except the event that a
separate agreement is made in writing.
33. The
Company is not responsible for non-fulfilment of any liabilities if
this is caused by circumstances that are beyond its reasonable control
including but not limiting itself to natural disasters, wars, civil
commotions, revolts, strikes, activities of civil or military
authorities, fires, floods or earthquakes.
34. In
any of these events the responsibility of the Company does not go
beyond the sum paid by the Customer to the Company.
35. The
Customer shall notify the Company of all mistakes or defects in
translations within thirty days from the date of reception of the
translation by the Customer. After expiry of the mentioned period the
translated materials and correspondence will be destroyed, wherewith
no possibility will remain to evaluate quality of the translation.
36. The
Company checks translations done by translators in normal working
regime. The Customer undertakes not to raise claims for mistakes made
in urgent translations referred to in paragraph 13 when there has not
been enough time for proofreading, except the events that the mistake
is such that no reasonably competent translator could have made it
(more than 5 mistakes per page, content related and grammatical
mistakes).
37. The
Company undertakes to correct the imperfections and mistakes
discovered in the translation on its own account and in possibly short
time if the Customer notifies the Company of them within thirty days
after reception of the translation.
38. All
the disputes and disagreements arising during fulfilment of the order
and not being solvable by means of negotiations are settled in the
court. The parties are obliged to inform the management of the other
party about the content of the claim in writing before filing the
claim in the court.
39.
Should a competent jurisdiction court for any reason admit any part of
the Terms and Conditions invalid, illegal or inapplicable, such
condition is segregated and other conditions remain in full force.
40.
These Terms and Conditions are subject to alterations at the Company's
discretion.
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