The Client shall be any natural or legal person who commissions Translation Agency Dekar's Documents to provide translation or interpretation services.
2. Quotation and conclusion of the contract
2.1 As long as Translation Agency Dekar's Documents has not had the opportunity to assess the content of the Client's text to be translated and/or edited, quotations and/or lead times shall not be binding and may be revoked or amended at any time.
2.2 The Agreement shall be concluded by the Client's oral or written acceptance of the quotation submitted by Translation Agency Dekar's Documents, or by written confirmation by Translation Agency Dekar's Documents of an order placed by the Client. The term 'in writing' also includes e-mail.
2.3 In principle, Translation Agency Dekar's Documents shall send the Client a written confirmation of the order placed. The absence of this confirmation shall not affect the validity of the agreed order.
2.4 Unless the Client explicitly stated when placing the order that he or she was acting on behalf of, on account of and/or for the benefit of a third party and provided he or she gave the name and address of this third party, Translation Agency Dekar's Documents shall regard as the Client the person who placed the order with Translation Agency Dekar's Documents.
2.5 If Translation Agency Dekar's Documents has any reasonable doubt as to whether the Client will be able to meet its payment obligations, Translation Agency Dekar's Documents shall be entitled to demand additional guarantee.
3. Term and time of delivery
3.1 The agreed delivery date shall be met by Translation Agency Dekar's Documents unless demonstrable force majeure dictates otherwise. As soon as it becomes apparent that exceptional circumstances prevent prompt delivery, Translation Agency Dekar's Documents shall inform the Client accordingly.
3.2 Delivery shall be deemed to take place the moment Translation Agency Dekar's Documents sends the documents by e-mail, normal post, fax or courier.
3.3 The Client shall do whatever is reasonably necessary to facilitate prompt delivery by Translation Agency Dekar's Documents of work commissioned.
4. Alteration or withdrawal of an order
4.1 Any changes or additions made by the Client after the order has been placed, other than those of a minor nature, at the discretion of Translation Agency Dekar's Documents, shall entitle Translation Agency Dekar's Documents to adapt the delivery date(s) and/or the fee payable or to refuse to accept the proposed changes.
4.2 Any changes to the agreed terms of the order after it has been placed shall take effect only after written acceptance and confirmation by Translation Agency Dekar's Documents.
4.3 Cancellation (prematurely) of an order by the Client shall render the Client liable for payment of the agreed amount in full, unless the Translation Agency Dekar's Documents indicates that a discount may be applied. The extent of any such reduction shall be at the discretion of Translation Agency Dekar's Documents and shall depend in part on the work already carried out. The Translation Agency Dekar's Documents shall make the work already completed available to the Client.
5. Execution of orders and confidentiality
5.1 Translation Agency Dekar's Documents undertakes to carry out translation orders to the best of its knowledge and ability.
5.2 Translation Agency Dekar's Documents shall be entitled to make use of third parties, independently operating and qualified translators, to complete the orders.
5.3 To ensure the required quality of execution of the order placed by Translation Agency Dekar's Documents, the Client shall be required to provide necessary information on the text to be translated, including specific terminology.
5.4 Translation Agency Dekar's Documents shall treat all information made available by the Client as strictly confidential. Translation Agency Dekar's Documents shall inform any translators it engages of their obligation to treat any information received with strict confidentiality. Translation Agency Dekar's Documents cannot be held liable for any breach of confidentiality by third parties.
6. Fees, payment, and collection costs
6.1 The fee shall be calculated by multiplying the number of words in the text supplied (source text) by the prevailing standard rate per word, unless a different rate is agreed between Translation Agency Dekar's Documents and the Client.
6.2 In addition to the standard rate, Dekar's Documents shall charge a surcharge if the source text to be translated is extra laborious, is of a specialised nature or if the translation must be delivered with great urgency. The above list is not exhaustive.
6.3 Rates are stated exclusive of VAT, unless explicitly stated otherwise.
6.4 The invoice amount shall be paid into the account of Dekar's Documents within thirty days of the invoice date. If payment is not made by the due date, the Client shall be in default forthwith and without notice of default being required. In the event of late payment, the Client shall owe the statutory commercial interest rate and all other collection costs, including administrative costs of Translation Agency Dekar's Documents of € 50 as well as administration and/or commission costs of at least 15% of the principal amount owed to the debt collection agency engaged by Translation Agency Dekar's Documents.
7. Complaints and disputes
7.1 The Client shall be required to notify Dekar's Documents in writing of any complaints about translations delivered as soon as possible, yet no later than ten working days after the said translations are delivered, giving substantive reasons, and providing detailed arguments. Lodging a complaint shall under no circumstances relieve the Client of its obligation to pay.
7.2 If the Client does not lodge a complaint within the period specified in clause 7.1 above, the Client shall be deemed to have fully accepted the product supplied or the services rendered by the Translation Agency and complaints shall only be considered if the Translation Agency agrees to do so.
7.3 In the event of a complaint or dispute the Translation Agency shall formally state its position, based in part on expert advice from the external translator(s) concerned.
7.4 If the Translation Agency Dekar's Documents considers the complaint to be justified in part or in full, it shall make every effort to resolve the complaint.
8. Liability and indemnity
8.1 The Client may only hold Translation Agency Dekar's Documents liable for damage directly and demonstrably deriving from shortcomings attributable to Translation Agency Dekar's Documents. Translation Agency Dekar's Documents shall not be liable for any other forms of damage, such as trading losses, loss caused by delay, consequential loss, and loss of profit. The translation of ambiguous elements in the source text shall release Translation Agency Dekar's Documents from any liability whatsoever.
8.2 The liability of Translation Agency Dekar's Documents shall in any event be limited to an amount equal to the fee (excluding VAT) charged for the work commissioned, with a maximum of €10,000.
8.3 The Client shall bear the risk of any adverse effects, including personal injury or economic loss, arising from the use of texts translated by Dekar's Documents. The Client shall be required to check the accuracy of essential items in a translation produced by Dekar's Documents, including monetary amounts, value figures and medical terms, as Dekar's Documents shall provide translations to the best of its knowledge and ability, but shall in no case be able to rule out omissions.
8.4 No liability whatsoever shall be incurred by Translation Agency Dekar's Documents in respect of damage to or loss of documents, information or data carriers made available by the Client. Nor shall the Translation Agency be liable for damage resulting from the use of information technology, the Internet, and modern means of telecommunication or from the transport or dispatch of information (carriers).
8.5 The Client shall indemnify Translation Agency Dekar's Documents against any claims by third parties in connection with alleged violation of property rights, patent rights, copyrights, or intellectual property rights.
9.1 If the Client fails to meet its obligations, or if the Client's company or business goes bankrupt, is granted a moratorium, or is liquidated, Translation Agency Dekar's Documents shall have the right, without being required to pay any compensation, to dissolve the contract in question in whole or in part or to suspend performance of the contract.
9.2 If the Translation Agency Dekar's Documents is unable to meet its obligations due to extraordinary circumstances beyond its control, it shall be entitled to suspend or dissolve the contract without being liable to pay any compensation whatsoever. Exceptional circumstances shall in any case include fire, accidents, strikes, riots, war, transport restrictions and government measures.
10.1 Unless explicitly agreed otherwise, the Translation Agency Dekar's Documents shall retain the copyright on the texts produced by the translator.
11. Applicable law
11.1 The legal relationship between the Client and Translation Agency Dekar's Documents shall in all instances be governed by Spanish law. Any disputes shall be subject to the jurisdiction of the competent Spanish court. Any action by the Client to hold Translation Agency Dekar's Documents legally liable shall always be brought in Spain.
12.1 The translation agency Dekar's Documents shall be understood to be based in Valencia, Spain.
12.2 A recent version of these General Terms and Conditions shall be sent to the Client on request and is available for inspection at www.dekarsdocuments.com.
12.3 These General Terms and Conditions shall govern the legal relationship between Translation Agency Dekar's Documents and the Client and shall supersede any terms and conditions of the Client, unless Translation Agency Dekar's Documents explicitly consents to their application in writing in advance.