GENERAL TERMS AND CONDITIONS OF SERVICE
- AREA OF APPLICATION
These General Terms and Conditions shall apply to all contracts and agreements of service concerning translation and/or interpretation provided by Vinti Traduzioni (hereinafter referred to as VT) to its Clients, and shall annul all prior oral and written contracts, agreements, statements and arrangements which may have existed between the parties regarding any matter.
Client acceptance of these General Terms and Conditions shall be effective upon receipt by VT of the requested quotation for translation and/or interpretation, duly signed and stamped.
All quotations are issued in written form to the Client for acceptance by means of a returned signed and stamped copy.
The duly signed and stamped quotation may either be delivered to the registered offices of VT (Calle Hernán Cortes, 19 Bajo, 46100 Burjassot -Valencia-, Spain) in person, or sent via fax or e-mail. Should the Client opt for returning the signed copy of the quotation by e-mail, acceptance will be effective as of the moment in which reception is confirmed by VT.
All verbal offers and quotations provided by VT and/or made available via VT’s web sites are intended to serve as non-binding guidelines only, and are subject to subsequent written confirmation by VT.
Any requested extension of or modification to a quoted service which, at the discretion of VT, represents a considerable increase in workload will remain subject to the issue and acceptance of a new, substitute quotation contemplating the additional services requested by the Client..
All quotations are to be valid for a period of THIRTY (30) CALENDAR DAYS. Once this period has expired without receiving any acceptance from the Client, VT may choose to either confirm the validity of the original quotation or to revise the quotation in order to reflect any changes considered opportune.
- CONTRACTING AND WORKING PROCEDURE
Upon VT’s receipt of the duly signed and stamped quotation, the Client immediately enters a contract with VT.
Together with the above-mentioned documentation, the Client must provide proof of payment of FIFTY PER CENT (50%) of the total amount quoted as a deposit. Upon the receipt of said proof of payment, work will commence in accordance with the accepted terms and conditions and the agreed deadline.
Should, due to the nature of the contracted service, the Client be required to facilitate additional documentation or material, all deadlines will remain suspended until such material is provided. Similarly, in the event of adequate communication between the two parties proving impossible, said deadlines will also be suspended.
Upon receiving signed copy of the quotation, VT will confirm the project and assign it a definitive IDENTIFICATION CODE, which will be duly communicated to the Client. The project’s assigned code must be stated in all written communication between the Parties, in the subject header of all electronic communications sent between the same and on the invoice issued by DSLSL to the Client upon completion of the project.
- PAYMENT TERMS
All quotations reflect net amounts and, as such, are to subject to an increase in accordance with the application of any corresponding Value Added Tax and to a reduction in accordance with the application of any concerning Personal Income Tax, if applicable. VT will proceed to issuing and to charge the concerning invoice. Contracted translation work will be delivered upon receipt of the corresponding justification accrediting the total payment of the outstanding quoted and accepted amounts by means of commonly-accepted and legally-recognised payment methods. Payments are to be effected by means of transfer or cash deposit into the bank account specified by VT. All other methods of payment methods are subject to the prior, written acceptance of VT. Without prejudice to other rights, VT will apply the corresponding interest rate plus two percent to all amounts pending payment by the Client beyond the period indicated in the corresponding project quotation.
In all cases and irrespective of the eventual circumstances of the termination of the contract, VT guarantees to maintain complete confidentiality and professional secrecy with regard to all information provided by the Client for the purposes of the contracted service, by any means and at any time, including following the termination of the contract period, with the aim of preventing the unauthorised handling or use of said information by third parties. All VT’s co-workers and collaborators have signed a confidentiality agreement with the company and, therefore, are obliged to maintain the most absolute confidentiality with regard to all and any information they may receive in relation to the work they carry out on behalf of the company.
- APPLICABLE LEGISLATION
All relationships between the Parties are to be subjected to current Spanish legislation.
The Parties expressly subject themselves to the authority of the City of Valencia Law Courts, which are to be understood as the sole location for the resolution of any legal conflicts arising in relation to accepted contractual obligations, and expressly renounce their right to any other jurisdiction.
- DATA PROTECTION
In accordance with Ley 15/1999, de 13 de diciembre, Protección de Datos de Carácter Personal (Spanish Law No 15 of 13 December 1999 governing the Protection of Personal Data), we inform you that all personal data that you provide us with will be subjected to automated treatment and included in a data base belonging to VT. You may exercise your right to access, amend, annul and contest the treatment of your personal data at Vinti Traduzioni’s registered offices (Calle Hernán Cortés, 19 bajo 46100 Burjassot -Valencia-, Spain), in accordance with the terms and conditions contemplated by current legislation applicable to data protection (Ley 15/1999, de 13 de diciembre, Protección de Datos de Carácter Personal (Spanish Law No 15 of 13 December 1999 governing the Protection of Personal Data)).
VT collects personal data form its Clients for administrative reasons, in order to provide its Clients with information, to personalise and improve its services, to provide its Clients with offers and, in general, information of a commercial nature related to the services offered by VT.
VT will only use said data for the above-indicated purposes.
We request that you inform VT of any modification to your personal data in order that we may maintain the information contained in your file as up to date and accurate as possible.
VT has installed the technical and organisational security measures necessary to guarantee the safety of your personal data, as well as to avoid its alteration, loss or unauthorised treatment and/or access, in accordance with current technological possibilities, the nature of the stored data and the human, physical and natural risks to which it is exposed. These measures have been implemented in accordance with current legislation governing data protection and, specifically, security measures applicable to automated files containing personal data.
The person responsible for the files and those who intervene in any of the phases that compose the treatment of such personal data are bound to the tenets of professional secrecy and to the obligation to safeguard said data. Such obligations are to remain in effect beyond the eventual termination of relationships with the owner of the files or, when applicable, the person responsible for the same.
SPECIFIC TERMS AND CONDITIONS FOR TRANSLATION SERVICES
Once Vinti Traduzioni (VT) has duly received from the Client a signed, stamped copy of a quotation relative to its translation services, the Client immediately enters a contract with VT, which is subject to the company’s General Terms and Conditions of Service and to the following Specific Terms and Conditions:
- DESTINATION OF THE TRANSLATION
The Client is obliged to destine the result of the services provided by VT to exclusively legal ends.
The Client must clearly and expressly indicate to VT the proposed destination of the contracted translation.
To the contrary, VT will understand that the translation is to be employed by the Client for merely informative purposes.
Specifically, the Client must indicate if the contracted translation is destined to form part of the definitive documentation related to:
- Public tenders
- Printing or publication
- Electronic publication
- Any other similar destination
The Client must inform VT of any change in the final destination of a contracted translation with regard to the original destination as indicated by the Client upon requesting a quotation for translation services, in order that VTL may authorise and confirm the adaptation of the translation to its new destination. The Client must provide VT with a version of the final copy of any translated texts destined for publication, in order that VT may effect a definitive proofreading. With regard to those projects requiring the employment of specific terminology, VT will employ the glossaries and reference documentation provided by the Client. Upon the request of the Client, the terminology employed in the translation will be adapted to the information provided. The Client will hold sole responsibility for any errors resulting from the use of such terminology. Should the Client fail to provide and establish suitable terminology for the project in question, the Client relinquishes the right to any claim with regard to any divergence between the terminology employed by the Client and that employed by VT in the realisation of its services. VT will accept no claims from or responsibility before the Client or third parties should the Client fail to comply with the conditions of this clause, omit or modify the destination of the contracted work or alter its content by any means of procedure without the written authorisation of VT. Additionally, VT reserves the right to refuse the object of the contract, to apply any applicable surcharges and/or to lodge any applicable claims, including those for any damages that may be incurred by the company.
- TRANSLATION WORK METHOD
Upon reception by VT of the corresponding acceptance of a quotation, the Client is to forward the definitive files for translation.
Original documentation is to be delivered to the registered offices of VT (Calle Hernán Cortés, 19 bajo 46100 Burjassot -Valencia-, Spain).
Upon the request of the Client, original documentation may be sent by (a) fax, (b) e-mail or (c) mail. The valid date of delivery will be (a) that of the issuing fax, (b) that of the issuing computer, (c) that of the receipt provided by the postal service.
Should, following the reception by VT of the original documentation, the Client decide to effect modifications to the same and forward a new version for translation, VT will consider the new documentation as pertaining to a new, separate project and, as such, will provide a new quotation for acceptance by the Client. In the case of any such change to the original documentation, VT reserves the right both to provide a new quotation and to adjust the final price of the translation project in accordance with the content of the new documentation.
- DELIVERY OF TRANSLATIONS
The delivery dates established between the Parties for the finished translation work are to be considered as of the reception in the registered offices of VT of the original documentation for translation. As such, the initial date of the project is to be understood as that upon which the all the original documentation is received by VT at its registered offices.
Should the Parties agree upon partial deliveries of the contracted work, the Client must duly justify the payment of the corresponding sum –proportional to the amount established as the initial deposit- prior to each partial delivery.
VT will accept no responsibility for any possible delays in the delivery of contracted translation work attributable to failure of the Internet or the electrical network, server failure or failures of any other type not attributable to DSLSL. In such cases, new delivery dates or alternative delivery methods will be agreed upon with the Client. The translated work will be delivered to the Client in the registered offices of VT (Calle Hernán Cortés, 19 bajo 46100 Burjassot -Valencia-, Spain) on the agreed date, together with the original documentation.
Upon the request of the Client, final translations may be sent by (a) fax, (b) e-mail, (c) certified mail, or (d) messenger service. The valid date of delivery will be (a) that of the issuing fax, (b) that of the issuing computer, (c) that of the receipt provided by the postal service or (d) that of the receipt provided by the messenger service provider. VT accepts no responsibility for any delays resulting from the saturation of telephonic or data transmission lines or from any other cause beyond its control. VT will make all attempts to ensure the correct reception of the document and will re-send the work in the case of problems arising.
- PRICES AND THE APPLICATION OF TRANSLATION TARIFFS
In general terms, translations are billed in accordance with the volume of words contained in the source document. In specific cases, alternative billing formats may be established (translated words, pages, lines, etc.). In those cases in which it is impossible to effect an automatic calculation of the volume of words contained in the source document (hard copy, image formats, etc.), an open quotation may be produced specifying a final price for each word contained in the target document. At the discretion of VT, the word count to which the tariff is to be applied may be effected on the target document.
The delivery of source documents is to be agreed upon between the Parties. Such documents will be delivered to VT in one of the more commonly-employed text document formats (.doc, .rtf, .txt). Any other document format may give rise to the application of a surcharge proportional to the time and resources invested in its treatment and translation.
All work related to the creation and maintenance of glossaries, edition, the incorporation of graphics and images, the creation and transfer to specific formats, as well as projects for which it is impossible to apply reasonable prices in accordance with the volume of words contained in the source document, are to be billed in accordance with the time invested by VT in carrying out the contracted service.
VT may apply surcharges to its translation tariffs in relation to:
- Urgency (at the discretion of VT, “urgent work” is to be considered as all translation projects that are required to be delivered within a period of 24 hours or which imply the realisation of translation services or the delivery of documents during the night, on public holidays or at weekends).
- Text treatment and formatting (at the discretion of VT and applicable to source documents received in hard copy, PDF, Power Point or any format other than .doc, .rtf. o .txt). Similarly, surcharges may be applied to source documents received in .doc, .rtf or .txt formats containing graphic elements, diagrams or images, the content of which is to be translated.
The Client must satisfy all duly justified supplementary expenses generated during the realisation of the contracted translation work, such as telecommunication, consultation or research costs, that exceed limits considered as reasonable, as well as all associated messenger service costs.
- A “minimum document” is considered to be a document containing less than 300 words.
- Due to the specific nature of this type of document, individual word counts are not employed in the creation of the corresponding quotations. Rather, a fixed price is applied to each document.
- Each translation assignment subject to a minimum document tariff will be handled as an independent project and, as such, will be subject to the acceptance of a corresponding quotation.
- PAYMENT METHODS FOR TRANSLATION PROJECTS
Any and all deferrals or partial payments of issued bills are expressly subject to the discretion and approval of VT.
Should the Client, having confirmed the acceptance of a quotation and delivered all the source documentation for translation to VT, cancel the contracted work, VT will exercise its right to retain all deposited sums in concept of penalization and payment for services rendered.
Should the Client, following completion and pending the delivery of the contracted work, cancel an accepted project, VT will exercise its right to receive full payment of the quoted sum.
- LEGAL RESPONSIBILITY
In the case of any error or omission in the contracted work, VT reserves the right to (a) carry out the services once more to the satisfaction of the Client or, (b) compensate the Client for the cost of the project up to a maximum amount equivalent to the quoted fees, under the condition that such fees have been satisfied in accordance with the above-mentioned terms and conditions.
The Client guarantees that the requested translation does not infringe any copyright or any other right derived from the intellectual or industrial property of the documentation delivered for translation and that it will not be destined to any illegal use. Similarly, the Client guarantees to maintain VT independent of any claim presented by third parties to this respect.
SPECIFIC TERMS AND CONDITIONS FOR INTERPRETING SERVICES
Upon reception by Vinti Traduzioni (VT) from the Client of a signed, stamped copy of a quotation relative to its interpreting services, the Client immediately enters a contract with VT, which is subject to the company’s General Terms and Conditions of Service and the following Specific Terms and Conditions:
- TYPES OF INTERPRETING SERVICES
VT provides consecutive, liaison, telephonic and whispering interpreting services.
VT recommends that the Client, when contracting interpreting services, provide ample prior notification both of the nature of the event (congress, meeting, conference, etc.) and of the subject matter to be dealt with. With regard to the technical and terminological preparation of interpreting events, the Client is to provide VT with the most complete documentation possible (programme, agenda, minutes of previous meetings, reports, basic bibliography, list of terms to be employed, etc.) in each of the languages to be employed during the service. The Client is, with sufficient notice, to provide VT with copies of any texts to be read during the interpreting service.
- PRICES AND THE APPLICATION OF INTERPRETING TARIFFS
VT does not guarantee the availability of interpreters until such time as having received the conformity and acceptance of the Client with regard to the issued quotation.
Interpretation services are billed per hour, half day or full day, with such periods being understood as the time elapsed between the interpreter’s leaving the registered offices of VT and his/her return to the same.
The Client is to be responsible for the payment of all mutually established and duly justified costs incurred by the interpreter during the realisation of the agreed service (travel and accommodation, allowances, preparation time, etc.)
- PAYMENT METHODS AND THE CANCELLATION OF INTERPRETING PROJECTS
The complete amount of each bill issued for interpreting services is to be paid at least SEVEN (7) DAYS prior to the date of the service. Should VT fail to receive, within the above-mentioned period, justification from the Client of the payment of the due amount, VT will understand the contracted services as cancelled. Should the Client cancel the contracted services with at least THREE (3) DAYS notice prior to the date of the service, agreement may be reached on the return of part of the deposited sum, which will not exceed 60% of the amount stated in the accepted quotation. Should the Client cancel the contracted services at a later date, that is to say, less than THREE (3) DAYS prior to the date established for the service, the service is to be considered as provided. In such cases, the refunding to the Client of any sums is to remain entirely at the discretion of VT.
VT’s interpreters will expressly maintain all data and information obtained during the rendering of their services in the strictest of confidentiality.