TERMS AND CONDITIONS
1. General Clause
The translators general conditions take precedence over those of the client and, bearing explicit stipulations to the contrary, the client waives his/her own general conditions.
2. Terms of Delivery
The term of delivery agreed in writing with the client commences when the original text and the definitive order for the translation is received.
A. Translator’s Liability
The translator is not liable when delay in performing the work is due to illness, accident, temporary inability to work or general force majeure. The translator must, however, notify the client of this within a reasonable period.
Further, the translator is not liable when the delay is the result of tardy delivery by third parties (courier services, post, etc.) or when the source text and/or the translation is damaged during shipment. Nor shall the translator be responsible for the loss by third parties (post, courier services) of the source text or the translation.
The translator can accept no responsibility for defects to the text supplied by the client.
The translator accepts liability for the quality of the translation made insofar as it is used in its entirety and unchanged.
B. Client’s Liability
Prior or during the execution of the agreement, the client shall provide the translator will all the information necessary for the proper performance of the requested services.
4. Complaints: Conditions for Submission and Substantiation
On pain of invalidity, notification of every complaint must be sent by registered letter within 8 days of the day the translation is delivered.
Every invoice/fee note that is not protested within 8 days is considered as accepted. A complaint does not suspend the term of payment.
Complaints or disputes on non-conformity of the translation, formulated within the period stipulated in this article, must be substantiated in detail using dictionaries, glossaries and similar textual material written by authoritative native speakers.
The unmotivated refusal of a translation is no reason for failure to pay the invoice/fee note.
If, after the translator researches the complaint disputes still remain about the quality of the translation, the translator or the client can submit them to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI). One of the two parties must be a member of the BKVT/CBTI. The Arbitration Board restricts its pronouncement to the conformity of the translation to the source text.
5. Cancellation of the Translation Order
When the client unilaterally cancels the translation order, the client will owe compensation. This compensation will consist of the cost of all the translation work effectively done and the preparatory terminological research. In addition, the translator may demand a cancellation fee for breach of contract equal to 20% of the amount of the invoice or fee note.
6. The Client’s Capacity
The client is considered to act in the capacity of author of the text to be translated and expressly authorises its translation in compliance with article 12 of the Belgian law of 22 March 1986 on copyright.
7. Translation and Copyright
The translator holds the copyright on the translated text. The text may not be reproduced in any form, in whole or in part, or in any manner, even electronically, without the express prior written permission from the translator.
8. Acceptance and Confirmation of the Translation Order
The client will enable the translator to assess the level of difficulty of the text to be translated. The translator will always immediately confirm in writing the acceptance of an order offered and accepted over the telephone, citing the agreed upon fee and term of delivery.
A copy of the general translator’s conditions will be sent with the written confirmation. After receiving the order confirmation, the client will sign it and return it to the translator for agreement within 24 hours .
The translator’s invoices or fee notes are payable 30 days after the date of the invoice.
In case of payment delay the rules provided in the European Guidelines for Combating Delay of Payment ratified by Belgium in August 2002 are applicable.
Upon failure to pay all or part of the amount owed by the due date in the absence of grave reasons, and after a futile notice of default, the amount due is increased by 11% with a minimum of 50 EUR and a maximum of 100.00 EUR, even when a grace period is granted.
The place of the payment is Aartselaar (Belgium).
10. Competent Court
The sole court with jurisdiction over all disputes between the translator and client is the Court of Antwerp.
The present general conditions are governed exclusively by Belgian Law.
If the translator and client do not succeed in settling a complaint amicably, either party may submit a complaint to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI). One of the two parties must be a member of the BKVT/CBTI.
12. Professional Confidentiality and Code of Conduct
The translator is bound by a secrecy obligation. This requires the translator to respect the confidentiality of information relating to the identity of the client and the content of the source text and/or the translation before third parties unless this information should be required by government authorities as part of an official investigation.
As member of the Belgian Chamber of Translators and Interpreters, the translator always undertakes to deliver good quality translation work.
13. Fee Structure
The rates are agreed between the customer and the translator and they are mentioned on the order confirmation or the order form. The rate is per line of 60 touches in the target language.
The translator is entitled to ask an advance payment. These prices will be surcharged with 21% VAT. For sworn translations a surcharge of 20% is applicable.
Urgent jobs: an additional charge of 50 % is determined for all urgent jobs, i.e. for all jobs which have to be delivered within 24 hours after receipt of the order and source text. For larger assignments the translator decides the rate and which term is urgent in consultation with the customer.