Last updated on December 4th, 2017.
TRADIVOX / CLIENT
1. General Provision
We provide our offers and services on the basis of these General Terms and Conditions. All deliveries of work are subject to the express acceptance of these terms and conditions of sale. Placement of an order by the customer constitutes full acceptance of these terms and conditions. Other General Terms and Conditions do not apply, unless we have agreed to them in writing.
2. Execution and delivery of the assignment
The agreement shall become binding after written confirmation by Tradivox. Any changes to the order are only valid after written confirmation by Tradivox. The indicated delivery date will only be valid once Tradivox has confirmed the order in writing. Orders are to include the Client’s stipulations in respect of the target language, the subject area and the intended purpose of the text, particular special wishes in respect of terminology, and in respect of layout (external appearance of the translation, storage on specific media etc). Should the client change the parameters of the project while in progress (moving up the deadline, providing the source files later than initially agreed, additions to the project etc.), Tradivox reserves the right to apply additional charges and/or extend the deadline in order to meet these new requirements. The translation shall be completed in accordance with grammatical rules and in keeping with the sense of the text and the purpose for which it is intended to the best of the Translator’s knowledge and ability. Should supplementary information or special stipulations not be provided by the Client, then technical terms will be translated in accordance with general usage and so as to be generally comprehensible. Tradivox shall be considered to have met its delivery and performance obligations once the translation has been sent to the client.
Tradivox shall be liable exclusively if the delivered text is used in its entirety and without having been subject to any modifications. In any case in which our liability could be assumed, it shall be limited to the correction or replacement of the part of the work which does not conform. We hereby disclaim all liability for any damage or injury caused to property or people and attributable to the purchase and delivery of our work. The customer is solely responsible for the translation with respect to third parties.
The Translator is to be notified of errors in writing. The error in question is to be specifically identified (substantiated description). Obvious errors are to be declared within 2 weeks of the translation being sent. The period of notice shall be considered to have been fulfilled if the notification is dispatched within that period.
Under penalty of non-admissibility, all complaints must be communicated in writing within eight (8) days from the moment of delivery of the translation. If, after examination of the complaint by Tradivox, no agreement can be reached with regard to the quality of the translation, either Tradivox or the client may have the translation examined by a third-party translator designated by mutual agreement – or, if no agreement can be reached, by a Court-appointed translator – who will only give his or her opinion on the conformity of the translation to the source text. The cost for this procedure shall be assumed by the party found to be in the wrong.
6. Cancellation of the translation order
In case of the unilateral cancellation of the translation order by the client, the latter shall be required to compensate Tradivox for the translation work already performed and for any preliminary terminology work.
7. Ownership and copyright
Tradivox is protected under copyright law for the translated text pursuant to the Act of 30 June 1994 on copyright and neighbouring rights. The translation remains the ownership of the property of Tradivox, until complete payment has been received.
Tradivox’s invoices are payable in cash unless a due date is mentioned. Any invoice that is not disputed within eight (8) days of receipt shall be considered as accepted. If an invoice is not paid by the due date, the invoice amount shall be increased by a conventional interest of 9.5% annually.
This agreement shall be governed by Belgian law and, only the courts competent for Tradivox’s place of residence shall have sole jurisdiction with regard to any dispute.