General business terms for translation
1. General Business Terms
The said business terms apply to any translation agreement entered into between the undersigned translator (the translator) and any party placing an order (the ordering party) for translation and proof-reading.
2. Quote and Acceptance
The ordering party shall supply a text in an electronic format that can be used with common translation software and tools so that the translator can make her best offer based thereon.
The ordering party of a translation or proof-reading job shall supply the translator with all the information that is deemed necessary for the translator to prepare her translation or proof-reading to both parties’ satisfaction, including (a) specific delivery form instructions (whether delivery be by electronic medium, by hard copy etc.) and (b) state whether the translator shall store the translation in any particular form for security and confidentiality reasons.
Now a quote can be computed and submitted on the basis of the whole text.
Translator’s quote shall be valid for 30 days after submission after which it is no longer binding. Quotes submitted by the translator shall be considered as binding after receipt in writing by the ordering party.
The working relationship between the parties shall be governed by the said agreement and the translator’s general business terms. Later amendments to the agreement require the translator’s written consent.
Unless otherwise agreed, the rate for translation or proof-reading shall be calculated on the basis of the text at hand. The calculation shall be made electronically using recognized computer programs.
4. Payment Terms
30 days net unless otherwise specifically agreed between the parties.
Should payment not have taken place within the said payment period, the translator may, after giving written notification to the ordering party, charge an additional interest of 2 % on the due amount starting in the beginning of each month as from the due date until total payment has been effected.
5. Secrecy & Confidentiality
Translator agrees to treat any translation materials and/or knowledge obtained in connection therewith in the strictest confidence.
This duty to observe secrecy shall not pertain to such cases where the translator according to current laws and legislation is obliged to make a statement/disclose certain relevant official information which cannot be legally refused.
If a translation or proof-reading has been commenced for which a price has been fixed and is subsequently cancelled, then the ordering party shall pay a cancellation fee to the translator amounting to 25% of the agreed price for the translation or proof-reading.
All translations shall be completed to the best of translator’s ability. Translator’s services do NOT include any final proof-reading and/or additional internal or external quality controls in excess of translation unless otherwise specifically agreed in writing between the parties – such final proof-readings and/or quality controls are the ordering party’s own responsibility. Thus translator cannot by ordering party be held responsible or liable for any mistake(s) resulting from a lack of final proof-reading. All proof-reading jobs shall be completed to the best of the translator’s ability. Translator shall be informed immediately of any errors and/or omissions in any assigned translation or proof-reading job and no later than 2 weeks after delivery. Translator then has 7 days to correct any such mistake(s) and/or omission(s).
Translator’s liability in connection with any translation or proof-reading assignment shall never exceed the agreed price for the original translation or proof-reading, thus translator cannot be held liable for any amount in excess thereof.
8. Force Majeure and Delay
Translator is not responsible for events and conditions beyond her control, including illness, fire, water damage, operation breakdowns and similar force majeure events.
Translator shall immediately inform the ordering party of such events and state how long the events/conditions are expected to last.
Translator does not cover claims for damages resulting from delays.
9. Legal Conflicts and Disputes
The parties shall first seek to solve any conflicts and disputes through direct negotiation between the parties.
Before conflicts or disputes can be brought before a court, the involved parties are obliged to seek settlement through mediation by an arbitrator.
The arbitrator must be a lawyer and chooses his own procedure, but in his function and suggestions he shall only take into consideration the firm’s interest in accordance with the said contract.
The arbitrator’s expenses shall be paid by the firm.
Should the parties not have resolved their disputes and conflicts hereafter, then each of the parties shall be entitled to bring the case before the ordinary court of first instance. The Court in Kolding shall have exclusive jurisdiction to resolve all disputes and conflicts.
These General Business Terms for Translation shall apply at all times as stipulated in the Danish original!