Terms and Conditions for Customers

1. General

The following Terms and Conditions form the contract between Translation Place (hereinafter also referred to as “Company”) and yourself (hereinafter referred to as “Customer”) for the supply by the Company to the Customer of the Services that will be hereinafter defined. These Terms and Conditions shall govern the legal relationship between the Company and the Customer, and shall supersede any (general) terms and conditions of the Customer, unless the Company approves the applicability of such terms and conditions in writing.

Definitions:

“Company” means ‘Translations Place’, a company having its registered office at Livezii Street No. 97, 550042, Sibiu, Romania, European Union, whose registration number is 30217533, VAT No. RO30217533. “Customer” refers to the contracting part to whom ‘Translation Place’ has agreed to provide the services in accordance with these Terms and Conditions. “Customer” also refers to any person or entity that has placed an order with the Translation Place, unless explicitly stating that they are acting on behalf, at the expense or on the instructions of a third party, whose name and address shall be disclosed to the Translation Place at the same time. 'Services\’ mean the translation services, localization, terminology creation, editing, proofreading, linguistic check, translation memory creation and any other services that the Company may provide to the Customer.

2. Services

2.1. The services provided by the Company include translation, localization, terminology creation, editing, proofreading, linguistic check and translation memory creation.
2.2. The translations of the texts submitted by the Customer are carried out by the Company or contracted translators, into the requested language, in an appropriate and professional manner. Technical terms are translated into commonly used versions unless otherwise specified.
2.3. Each translation provided by the Company is proofreaded before the Customer receives it.
2.4. Barring explicit agreement Translations are limited to text only.

3. Quotations and Conclusion of Contracts

3.1.. The Customer may use the Calculator price via the website translationsplace.com only for orientation purpose. The Calculator price does not include VAT. The quotations provided by the calculator do not bind the Company or the Customer in any way.
3.2. For written quotations the form Order on the website will be used.
      3.2.1. All terms of a written quotation will be available and open for the placing of orders for a period of 14 days from the date of the quotation.
      3.2.2. Quotations are given on the basis of your description of the source material, the purpose of the translation and any other instructions. Such quotations may be amended at any time if, in the Company’s opinion, the description of the source materials is materially inadequate or inaccurate or if the Company has not had the opportunity - prior to quoting such details - to view the entire text to be translated or edited.
3.3. Written quotations and estimates provided by the Company shall not entail any commitment.
3.4. A contract between the Company and the Customer will come into being only when the Company issues a written confirmation (by email or fax) of the Customer’s written Order.
3.5. A concluded contract between the Company and the Customer is governed by the current Terms and Conditions.
3.6 The Company may require the Customer to provide sufficient security before commencing or continuing to execute an order, if there is any reasonable doubt on the part of the Company about the Customer’s ability to pay for the Service.
3.7. The Customer shall provide the Company, as far as possible, with any requested information about the content of the text to be translated, as well as relevant documentation and lists of terms if available. Such information and documentation shall be dispatched at the Customer’s expense and risk.

4. Deadlines and delivery

4.1. A delivery date is only valid if it has been confirmed by the Company in writing.
4.2. The dates and hours for delivery of the Company's services or the dates for carrying out the services, are approximate only and, unless otherwise expressly agreed by us, time is not of the essence for delivery or performance, and no delay shall entitle the Client to reject any delivery or performance, to repudiate the Contract or affect the terms and conditions regarding payments.
4.3. A failure to perform or deliver or any delay in performing or delivering that are due to non-performance or non-delivery or late performance or delivery by suppliers or subcontractors (contracted third party translators) or due to a cause of Force Majeure, shall not incur any liability whatsoever on part of the Company.
4.4. Circumstances of Force Majeure include, but are not limited to: accidents, illness, fire, calamity, strikes, war, terrorist attacks, transport restrictions and delays, government measures, disruption of the services of Internet providers, negligence on the part of suppliers or any other circumstances beyond the Company’s control or of an unexpected or exceptional nature.
4.4. If the delay is due to something out of the Company’s control or other applicable incidents the deadline shall be further extended. Only if the agreed extension period has expired without result the Customer shall be entitled to refuse the acceptance of the service or cancel the contract unilaterally, contrary to what specified in art. 4.2. In such cases, however, the Company shall not be required to pay any compensation whatsoever. Such cancellation shall not affect the obligation on the part of the Client to pay for the work already performed.
4.5. Posting or delivery by other means (including facsimile, e-mail) for the purpose of transmission to the Customer shall, for the purposes of the Order, constitute delivery to you. Risk in the Translated Works shall pass to the Customer on delivery.
4.6. The Company may deliver by installments in such quantities as it may reasonably decide; such installments shall be separate obligations and no breach in respect of one or more of them shall entitle the Customer to cancel any subsequent installments or repudiate this contract as a whole.
4.7. The Client shall do everything in its power to facilitate delivery of the product by the Company under the contract. If the Client refuses in any way to accept the Company’s product, this shall constitute default on the part of the Client, even if no explicit request for acceptance has been made.

5. Prices and Payment terms

5.1. Unless otherwise stated, the prices for the Company’s Services are in Euro and are exclusive of value added tax and any other tax or duty.
5.2. The Company may charge the Client for any out-of-pocket expenses incurred in the execution of the order. The Client shall be liable to pay any penalties or interest on such expenses which are payable by the Company as a result of Client's delay in paying such expenses.
5.3 The Company reserves the right to demand payment in advance for the ordered Services.
5.4 Quotations in a currency other than Euro are based on the rate of exchange at the time of written quotation.
5.5 Invoices that are not queried by the Customer within 10 days of their receipt are considered accepted.
5.6 Payment shall be made within 20 days from the date of invoice unless otherwise agreed with the customer.
5.7 All payments shall be made without deduction or set-off of bank charges.
5.8 Failure by the Customer to pay any invoice in accordance with the foregoing terms, or other agreed written terms shall entitle the Company to charge interest on overdue payment. Such interest will be calculated daily on the amount outstanding at the rate of 3 percent above the respective APR of the European Central Bank.
5.9 Failure by the Customer to pay any invoice in accordance with the foregoing terms or other written terms shall entitle the Company to suspend further work both on the same order and on any other order from the Customer, without prejudice to any other right the Company may have.
5.9.1 After the confirmation of an Order by the Company, any major changes to that order made by the Customer, shall entitle the Company either to modify the price and/or the date of delivery agreed or to refuse the execution of the Order. In the latter case, the Customer shall be required to pay for the work already performed.
5.9.2 If a placed order is cancelled by the Customer, all the work already performed with respect to that order and all the costs incurred before the cancellation shall be paid for in full by the Customer.
5.9.3. In any case the cost reimbursement entitlement consists of a minimum of 40% of the contract value.

6. Liability, Guarantee and Defects

6.1 The Company shall be liable to the Customer exclusively for loss or damage directly and demonstrably deriving from shortcomings attributable to the Company.
The Company shall under no circumstances be liable for any other forms of loss or damage, such as indirect loss, trading loss, consequential loss, loss of profit or loss caused by delay in performance.
6.2 Notwithstanding the previous clause, the Company’s liability shall never exceed the invoice value, exclusive of VAT, of the product or service in question, which has already been invoiced and/or supplied or rendered. Company’s liability shall never exceed EUR 2,500 per event or per sequence of related events.
6.3 The question whether a text to be translated or edited or the translation or edited version of such text, produced by the Company, or the use of such texts, entails any risk of bodily injury, this shall be entirely at the Customer’s expense and risk.
6.4 The company incurs no liability in respect of loss or damage to documents, data or data carriers that facilitate performance of the contract. The Company incurs no liability in respect of any costs and/or any loss or damage that are a result of computer viruses in the data carriers or files supplied by the Company, the transport or dispatch of data or data carriers and the use of information technology and telecommunications media.
6.5. Ambiguities in the text to be translated shall release the Company from any liability whatsoever.
6.6. The Company does not guarantee that the translated text is permissible or appropriate to the Customer’s purpose.
6.7. The Customer agrees to compensate the Company against any claims by third parties that derive from the use of the rendered services.
6.8. The Customer agrees to compensate the Company against any claims by third parties in regard to alleged infringements of property rights, patent rights, proprietary rights, copyrights or any other intellectual property rights in connection with the performance of the contract.
6.9. The provisions in clause no. 4.3 of this terms and conditions apply in their entirety.

7. Dissolution and Force Majeure

7.1 The Company shall have the right, without being required to indemnify the Customer, to dissolve the contract in whole or in part or to suspend performance of the contract if the Customer fails to meet its obligations, if the Customer is declared insolvent or bankrupt or if a petition is filed for the Customer’s compulsory liquidation or bankruptcy or if the Customer’s company or business is liquidated. In such a case the Company shall be entitled to demand immediate payment of any outstanding amounts.
7.2 The Company shall be entitled to terminate the contract without being liable to pay any compensation whatsoever if the Company fails to meet its obligations due to a cause of Force Majeure. In such a case, the Company shall be entitled to demand payment for any service provided up to that point.
7.3. Circumstances of Force Majeure include, but are not limited to: accidents, illness, fire, calamity, strikes, war, terrorist attacks, transport restrictions and delays, government measures, disruption of the services of Internet providers, negligence on the part of suppliers or any other circumstances beyond the Company’s control or of an unexpected or exceptional nature.

8. Copyright

Unless otherwise agreed, the copyright on translations produced by the Company shall transfer upon the Customer only if/when the Customer respects all its financial and other obligations to the Company in respect to the service provided.

9. Confidentiality and non disclosure clause

9.1. We understand the importance and necessity of confidentiality for all our customers. The Company shall keep confidential, as far as possible, any data and information provided by its customers in relation with the contract. The employees or collaborators of the Company shall be also required to observe the confidentiality clause. Should an employee/collaborator breach the said confidence, the Company shall not, however, be held liable if it can demonstrate that it was not in its power to prevent such disclosure.
9.2. When the service is provided (in full or in part) by contracted translators as stated in clause 2.2. of the present terms and conditions the Company shall require any such third parties to observe the confidentially clause. However, the Company shall not be held liable if it can demonstrate that it was not in its power to prevent such disclosure.

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10. Complaints and applicable law

10.1. Any complaints or dissatisfaction concerning the provided services shall be reported by the Customer in writing, as soon as possible but within a maximum of 30 calendar days after delivery by the Company.
10.2. If until the expiry of the mentioned deadline, the customer has not expressed any complaints, it shall be assumed that the Customer has accepted the delivered service in full and any complaints made at a later date shall be dealt with only if the Company specifically accepts such complaints.
10.3. Should a provision of this Terms and Conditions become invalid in part, or as a whole, any remaining provisions shall not be affected.
10.4. The Place of execution for contractual services shall be the business domicile of the Company, in Sibiu, Romania.
10.5. Romanian law and/or European law is the law applicable to all legal relationships between the Company and the Customer. The place of performance and jurisdiction for all liabilities arising from the contractual relationship between the Company and the Customer is Sibiu, Romania.

Website Use Terms and Conditions:

The use of this website is subject to the following terms and conditions Translations Place shall be entitled to assign its rights and obligations under the Terms and Conditions in whole or in part. The Customer shall not be entitled to assign, re-sell, license or otherwise transfer its rights and obligations under the Terms and Conditions in whole or in part without our prior written consent.

The content of the pages of this website is for your general information and use only, and it is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged by the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Romania.