1. SCOPE OF SERVICE
These General Terms and Conditions apply to all services and legal transactions between Euroglossa d.o.o. with its registered office in Zagreb, Petra Grgeca 4, HR – 10 000 Zagreb (hereinafter: the contractor) and the client (hereinafter: the client) in
the field of activity for which Euroglossa d.o.o is registered with the the Commercial Court in Zagreb.
The client is any legal or natural person who orders a service from the contractor.
By ordering a service, the client accepts these General Terms and Conditions.
The contractor undertakes to provide services in accordance with these General Terms and Conditions. The contractor reserves the right to change the General Terms and Conditions at any time, about which it shall notify the client in writing if the changes occur during their legal relationship.
2. ORDERING TRANSLATIONS
By accepting the offer in any form (a signed copy of the offer or a notice of acceptance / offer by email or fax and by delivery of materials for for translation or other type of processing within the scope of the service), the client shall be deemed to have
issued an irrevocable order and authorisation for the supply of the service specified in the offer. The client is obliged to make available their personal data and/or the data of the company they represent for the purpose of ensuring that the project is properly undertaken, invoiced, and settled.
By ordering a translation, the client accepts all the items of these General Terms and Conditions.
3. KEEPING A TRADE SECRET AND CONFIDENTIALITY
All personal data, texts, oral and written agreements, and all other materials that are made available to the contractor for the purpose of executing the agreed work are kept as a trade secret and are not forwarded to third parties. Each translator external associate of the contractor is obligated to keep a trade secret. All materials owned by the client will be returned to the client on request, and all translated texts will be permanently destroyed on the special request of the client once they are duly paid.
The client may, on special request, obtain a Declaration of Confidentiality signed by each individual translator working on the project in question.
The contractor shall not be liable for the disclosure or use of information that is already or becomes known to a third party or the public in the future or which must be disclosed by law in accordance with the request of a competent authority. In any case, the client is obliged to indicate that a document is confidential before or during the issuance of the purchase order. We recommend that strictly confidential documents be delivered by hand since transmission
by email or the Internet, despite all our protection measures, cannot provide 100% protection against unauthorised access.
4. TERMINOLOGY
If the client seeks specific terminology for the translation, they are obliged to communicate it to the contractor when the documents are delivered. If the client does not make available lists of technical terms in the original and target language, specialist dictionaries, or other materials to ensure consistency of terminology, we shall translate each technical term using our best knowledge and all publicly available and internal dictionaries, glossaries, and other materials.
5. DEADLINES
The deadlines and delivery method are agreed before or on the submission of the purchase order, they are stated in the offer, and are determined by the number of standard translation pages. The delivery deadline does not include the day of submission and delivery of translations, or Saturdays, Sundays, and public holidays of the Republic of Croatia. The number of pages above the daily standard is charged an urgent tariff of an additional 50% or as per agreement. If the submission deadline is not determined, we shall deliver the service according to our capacity, internal priorities, and after all additional checks have been made In the event of force majeure, delay in delivery might occur which shall be in proportion to the duration of the circumstances resulting from the force majeure. In the event of force majeure, an additional delivery time is agreed. Force majeure might include the following: natural disasters, weather conditions that prevent staff from coming to work, war and war events, strikes, protests, fire, flood, power outages and faults in the operation of the network, epidemics, etc.
6. CALCULATION
Calculation is made based on the scope of the translated text, or based on the scope of the original if it is necessary to determine the price in advance. The smallest unit of calculation is 1 (one) standard page containing 1500 characters (with spaces), and for oral interpretation 2 hours. Each page initiated is calculated as a full page, and each hour initiated is calculated as a full hour The daily speed of written translation from a foreign language into Croatian is six pages, and from Croatian into a foreign language four pages. For orders involving translation using CAT tools, calculation can be made based on the number of words of the original text. The calculation is carried out using special software for counting and calculating characters If calculation using software programmes is not possible, the amount of text will be duly estimated by the translator. The prices are valid according to our current price list or a special price list that is contracted for a particular client. Services that include more than simple word processing are arranged and invoiced separately Services for which a specific offer has been made will be calculated according to that offer, regardless of any alterations that are determined after the delivery of the service. A specific offer may be made only if the client has submitted the complete documentation to be translated, together with a precise description of all additional services. For the revision, editing and/or proofreading of translations not done by Euroglossa, we reserve the right to calculate the full amount of the translation if the scope of work of this service requires the same amount of time and effort had we translated the text ourselves.
7. PAYMENT
All services are paid for upon delivery or according to the due dates stated on the invoice and/or in the business cooperation agreement if one is concluded. In the case of a translation order worth more than €300, the contractor will start the translation only after an advance payment in the amount agreed for each order has been settled.
If the services are to be delivered by email, the client is obliged to submit a proof of payment to the contractor before the expiry of the deadline for delivery of the service. If the contractor does not receive confirmation, the delivery will be suspended until the payment has been made. Late payment will be charged the legally determined default interest as well as all other mounts to which the contractor is entitled under the law.
8. COMPLAINTS
Complaints are possible only if the client has settled all their obligations. If the client considers that the service performed has defects in the quality of the translation or the medium in which the translation was submitted, the client is obliged to submit a written complaint within 15 days of receipt of the translation and explain in detail the reason for the complaint.
The complaint will be considered justified:
- if the translation lacks or contains more
information compared to the original - if the translation contains incorrect information
compared to the original - if the meaning of a translated sentence does not correspond
the meaning of the sentence in the original - if the translation is grammatically incorrect
The complaint will not be considered justified:
- if the word is a synonym
- if the translated term is found to be of the same meaning
in dictionaries that are publicly available - if the fault relates to a single
typographical error and if that error does not change the meaning of the entire
sentence - if the error is due to a grammatically
incorrect original, poorly visible text, if the text of the original contains
technical or specific terms or abbreviations for which the client has not provided
explanations, or terms in a language not specified in point 1 of these General Terms
and Conditions.
If the complaint is justified, the client will set a deadline for proofreading the translation. The contractor will carry out such proofreading, which is made necessary due to its own fault, as soon as possible and at its own expense.
Stylistic improvements or corrections of specific technical terms or abbreviations (especially technical terms related to a particular profession or internal rules of the client’s company) are not considered shortcomings of translation. We reserve the right to separately calculate such corrections if this part of the work was not agreed during the issuing of the purchase order, or if the client did not submit appropriate lists of technical or in-house terms before the start of the work.
9. INDEMNITY
All claims for compensation against the contractor are limited by the amount of the invoice for the service in question, unless otherwise prescribed or contracted. Cases of intent or gross negligence are excluded. There is no liability for lost profits or concomitant damages.
10. COPYRIGHT AND RIGHTS OF USE
Copyright and rights of use of texts, translations, graphics, and documentation that are made in the context of the performance of the commissioned work remain the property of the contractor until the settlement of all claims, unless otherwise specified in the contract with the client.
11. REFERENCES
We reserve the right to list the client’s name on our website and other promotional materials as a reference. We will not exercise this right if the client informs us in writing of their lack of consent. The client has the right at any time to request in writing that their name and our business cooperation be maintained in strict discretion.
12. SALVATORY CLAUSE
If any of the provisions of these General Terms and Conditions becomes or is found to be without effect or invalid, this will not affect the effectiveness and validity of other provisions Such an ineffective or unenforceable provision shall be replaced by a provision closest to the purpose of the ineffective or invalid provision.
13. JURISDICTION
For all disputes arising from these General Terms and Conditions, the jurisdiction of the Municipal Court in Zagreb shall apply.
These General Terms and Conditions apply from 1 January 2019.