Payments

Terms and Conditions for Translation Services

1. Scope of Application

1.1 Unless otherwise specifically agreed in writing, these Terms and Conditions shall apply to all agreements entered into by Elettral Translations and the Client concerning translation services, including any other services and additional services provided.

2. Offer and Acceptance

2.1 When requesting Elettral Translations to prepare an offer, the Client shall supply a finalized text for translation and specify the purpose and the target group for which it is intended.

2.2 When requesting Elettral Translations to prepare an offer, the Client shall also provide all such information, as may be of importance to the completion of the translation work, including (a) specification of the delivery format (electronic, printed, diskette, etc.) and (b) information concerning particular security requirements in terms of storage of the source text and translation.

2.3 Where the Client requires Elettral Translations to use software programs other than those normally used in the translation business, the Client shall make such programs available to Elettral Translations for the duration of the translation work.

2.4 Elettral Translations will then submit a quotation based on his/her reading of the complete text. The quotation shall include the first proof.

2.5 Elettral Translations’ offer shall apply for a period of 30 days from the date of mailing. After this date, the offer shall not be binding on Elettral Translations. Elettral Translations shall consider the offer to be accepted upon receipt of the Client’s written acceptance.

2.6 The transaction shall be governed by the agreement entered into by the parties and by Elettral Translations’ General Terms and Conditions. Any subsequent alterations, including additions and additional agreements, shall be subject to Elettral Translations’ express written acceptance.

3. Fee

3.1 Unless otherwise agreed, Elettral Translations’ fee shall be based on the translated text. Wherever possible, Elettral Translations will make an electronic count of the number of words, lines etc. using a recognized software program. When the text is embedded in scanned copies, and therefore unable to provide a word count, Elettral Translations shall apply a flat fee $50 per page unless otherwise stated. Work outside normal working hours (9 a.m. to 5 p.m.) shall be subject to an extra charge of up to 100 percent.

4. Payment

4.1 Unless otherwise agreed, Elettral Translations’ fee shall be payed at the moment in which the service has been requested and therefore prior to the delivery of the translated text to the Client.

5. Copyright

5.1 Elettral Translations shall retain the copyright to the translation in accordance with the provisions of the Copyright Law of the United States. The translation may be used exclusively for the purpose(s) and to the extent agreed, unless the parties have specifically agreed otherwise. Any other use shall require a separate agreement.

5.2 Major publications shall state Elettral Translations’ name according to good practice as provided by the Copyright Law of the United States Act.

5.3 If the translation is published in a book, periodical, brochure or manual, Elettral Translations’ name shall appear on the title page or in the colophon, unless otherwise agreed.

5.4 The Client shall not be entitled to make amendments in or additions to the translation without Elettral Translations’ prior acceptance, according to the Copyright Law of the United States. This provision shall also apply to headlines and captions for photographs or illustrations.

6. Confidentiality

6.1 Elettral Translations shall maintain confidentiality regarding all matters that may come to his/her knowledge in the course of the assignment, unless such information is generally available to the public.

6.2 The duty of confidentiality shall not apply where Elettral Translations is required by law to disclose confidential information.

7. Client Duties

7.1 The Client shall, to the extent possible, provide Elettral Translations with all such additional material, as may be necessary, for performing the assignment.

7.2 In order to facilitate the translation, the Client shall provide Elettral Translations with the name(s) of one or more persons whom Elettral Translations may contact for queries regarding the wording and/or contents of the text.

8. Cancellation

8.1 A cancellation fee of at least 25 percent of the agreed price shall become payable if the Client cancels a translation before Elettral Translations has started the assignment. If Elettral Translations has started working on the translation, Elettral Translations shall also be paid, at minimum, the fee for the translation work performed prior to cancellation or for hours spent on preliminary work. Any translation work performed up to the point of cancellation will be delivered to the Client “as is” without any liability on the part of Elettral Translations.

9. Elettral Translations’ Liability for Errors and Omissions

9.1 Any errors or omissions discovered in the translation must be reported to Elettral Translations immediately upon discovery and not later than four years from delivery of the translation to the Client.

9.2 Elettral Translations’ liability for errors and omissions shall terminate definitively four years from delivery of the translation to the Client.

9.3 Liability shall, under no circumstances, exceed the maximum amount of Elettral Translations’ professional liability insurance coverage or include claims for damages that are not covered by such liability insurance.

10. Force Majeure

10.1 If Elettral Translations is unable to perform his/her duties due to circumstances beyond Elettral Translations’ control, such as industrial disputes, operational problems, fire, water damage or other similar force majeure events, Elettral Translations’ duties shall be suspended for the duration of such circumstances.

10.2 Elettral Translations shall inform the Client without delay of any such circumstances and provide an estimate of their duration.

10.3 Elettral Translations shall not be liable for any damages resulting from delay.

11. Venue and Governing Law

11.1 Any dispute arising directly or indirectly out of the agreement entered into by the parties shall come under the jurisdiction of the United States court system.

11.2 These Terms and Conditions and the legal relations between Elettral Translations and the Client shall be governed by United States law.

12. Partial Invalidity

12.1 Should one or more provisions of these Terms and Conditions or of any other agreement entered into by Elettral Translations and the Client become invalid, the remaining provisions shall remain in full force and effect. The parties shall be obliged to substitute any such invalid provision with a legally valid provision, which most closely approximates the financial intents of the invalid provision.