1. General
1.1 These terms of business shall apply to all legal relations between Scandic Translation and the client, to the exclusion of the client’s terms of business, unless Scandic Translation have explicitly given written consent in advance that the client’s terms of business shall apply.
2. Estimates and agreements
2.1 Estimates with price quotes and/or delivery deadlines are non-obligatory and can be revoked or adapted at any time by Scandic Translation if the client has not given Scandic Translation sufficient opportunity to examine the complete text to be translated and/or assessed before issuing the estimate.
2.2 The agreement shall become effective at the moment the client commissions the work. The moment of commissioning the work is the moment of the client sending or otherwise supplying the text to Scandic Translation. Texts may be sent by mail, fax, courier, or e-mail.
2.3 To confirm a commission, Scandic Translation sends an e-mail to the client. With this e-mail, the agreement becomes effective on the part of Scandic Translation. Should such an e-mail not be sent, this does not affect the agreement on the part of the client.
2.4 Scandic Translation may consider as their client the person who has commissioned the work, unless said person has made it clear that he/she is acting on behalf of, at the behest of, and/or on account of a third party and in doing so has provided the name and address of said third party.
3. Date of delivery and delivery periods
3.1 Agreed delivery dates are only target dates, which Scandic Translation do everything in their power to meet. Scandic Translation is obliged to inform the client without delay as soon as it becomes clear that timely delivery is nevertheless impossible due to exceptional circumstances.
3.2 In case an agreed deadline is unexpectedly exceeded, the client is entitled to unilateral dissolution of the agreement if performance of the commission can no longer be waited for. In that case Scandic Translation shall not be held liable for any compensation.
3.3 Delivery is considered to have taken place at the time of sending by Scandic Translation via e-mail or, if applicable, via mail or fax.
4. Alteration or withdrawal of commissions
4.1 If, after an agreement has become effective, the client introduces any modifications other than very minor changes in the original commission, then Scandic Translation maintains the right to amend the fee and the delivery deadline in accordance with aforesaid modifications.
4.2 Clients are notified by e-mail of modifications in the work commissioned or in the agreed delivery deadlines or fees after acceptance by Scandic Translation.
4.3 If a commission is withdrawn by a client, the client is charged the agreed amount in full, unless Scandic Translation indicate that a reduction can be applied. Entirely at the discretion of Scandic Translation, reductions may range between 35% and 40% of the original sum.
5. Expert execution of commissions and confidentiality
5.1 Scandic Translation obligate themselves to the client that commissions granted to Scandic Translation are executed by experts to the best of their knowledge and ability.
5.2 Notwithstanding the responsibility of Scandic Translation for the expert execution of commissions, Scandic Translation reserve the right to delegate work to third parties by subcontracting freelance translators and translation experts. The choice of one or more external translators for specific assignments or parts thereof shall be made by Scandic Translation on the basis of prior experience and knowledge of the translation business, to best of their knowledge and ability, and taking into account, as far as possible, the nature of the commission to be performed.
5.3 Scandic Translation will treat all information made available by the client as confidential. Scandic Translation will inform external translators involved in translation projects of their obligation to treat information and documentation material supplied by the client with the strictest confidence. However, Scandic Translation cannot be held responsible for unexpected breaches of confidence by third parties.
6. (Standard) fees and payment
6.1 The standard fees are in principle based on a rate per word, and they are calculated by multiplying the number of words in the translated text (target text) by the rate per word, unless Scandic Translation have agreed otherwise with the client. Applicable rates are indicated on www.vertaalbureau-scandic.nl website or in estimates submitted to clients by Scandic Translation.
6.2 Scandic Translation add surcharges to the aforesaid standard fees if the text to be translated is particularly difficult, if it is of a particular type, if it deals with specialist subject matter, if the translation is very urgent (more urgent than the short standard period of delivery), or if it otherwise leads to higher costs than Scandic Translation could reasonably have foreseen.
6.3 Accounts must be settled no later than 14 days after the date of the invoice. Should payment not be made within this period, a reminder letter follows and then a dunning letter demanding payment of the original invoice plus administration costs of € 35 excl. VAT.
6.4 In case of delayed payment, all encashment charges from Intrum Justitia are at the expense of the client.
7. Complaints
7.1 The client is obliged to make any complaints concerning translations known to Scandic Translation in writing and as soon as possible, at the latest within seven days after receiving the translation. Lodging a complaint under no circumstances relieves the client from his/her obligation to pay for the work delivered.
7.2 If the constituent doubts the correctness or soundness of a translation, more comprehensively than by an argument concerning the best translation of one or a few words, Scandic Translation shall consult an external translator to provide a comment. If Scandic Translation makes it plausible that the translation in question has been carried out with adequate expertise, Scandic Translation are entitled to charge the client for the extra hours of work incurred.
7.3 If the complaint is (even partially) legitimate, Scandic Translation shall do everything within reason to improve the translation with a reasonable period of time and in consultation with the client, or, if the client so wishes, Scandic Translation shall grant the client a partial or complete reduction in the agreed fee. All this is aimed at reaching a solution that is acceptable to all parties involved.
8. Liability and indemnity
8.1 Scandic Translation can be held responsible by the client only for damages which are the direct and demonstrable result of a shortcoming attributable to Scandic Translation. Scandic Translation is never responsible for any other form of damage, such as consequential damage or damage incurred as a result of delays or losses of profits. In any case, liability is limited to an amount equal to the invoice value of the relevant commission.
8.2 Scandic Translation can never be held responsible for faulty translations of ambiguities in the source text.
8.3 The judgement of the question whether a text for translation or a translation contains risks for damage remains entirely at the risk and expense of the client.
8.4 The client shall check translations produced by Scandic Translation to verify the correctness of information that is important to him or her, such as amounts of money, indications of value and/or important contractual conditions relating to parties in contracts, and medical data. Scandic Translation carry out translations to the best of their knowledge and abilities, but under no circumstances can Scandic Translation be held liable for (consequential) damage caused by a human translation error in the information referred to above.
8.5 Scandic Translation shall not be held liable for damage to or loss of documents made available by the client. Scandic Translation shall not be held liable for damage arising from the use of information technology, the internet, or modern means of telecommunication.
8.6 In all remaining cases, the liability of Scandic Translation shall be limited to a maximum of Euro 1,000 per event or chain of events.
8.7 The client shall be bound to indemnify Scandic Translation from any claims of third parties arising from the utilisation of the work delivered.
9. Dissolution
9.1 In the event of the client failing to honour his/her commitments, or in the case of the client’s bankruptcy, Scandic Translation is entitled to dissolve the agreement in whole or in part, or to postpone execution of the commission, without such action ever rendering Scandic Translation liable for any claim for damages. Scandic Translation may then demand immediate settlement of the fees due.
9.2 Should Scandic Translation not be able to fulfil their obligations due to circumstances beyond the control of Scandic Translation, Scandic Translation shall have the right to dissolve the agreement without incurring any liability for damages. Such circumstances shall in any case include fire, accident, illness, industrial action, rebellion, war, terrorism, transport obstructions, governmental measures or, this list not being exhaustive, any other circumstances on which Scandic Translation has no influence.
10. Copyrights
10.1 Unless explicitly stated to the contrary, Scandic Translation retain the copyright to the translations they produce.
11. Applicable law
11.1 The legal relations between the client and Scandic Translation shall be exclusively subject to the law of the Netherlands. The Dutch text of these Terms and Conditions prevails over any versions other than in the Dutch language.
11.2 Any disputes shall come within the jurisdiction of the competent judge in the Netherlands.
12. Modification of terms of business
12.1 Scandic Translation is at all times entitled to modify these terms of business without further notice, yet will always ensure a correct provision of the terms of business on request, as well as publishing the general conditions on the website http://www.vertaalbureau-scandic.nl/english/