The following provisions form a binding and exclusive agreement between TICK Translations® (agency) and the contracting party for the duration of their business relationship. TICK Translations® will not be bound by any additional or contradicting general conditions of business of any nature unless such conditions have been agreed upon in writing by the agency.
1. Quote, signing of the contract and project procedure
When the contracting party asks the agency to carry out a project, the former must provide the latter with all the information necessary to be able to complete the assignment correctly. This information should be sent electronically (email, download). The agency is not liable for, or linked to any information sent via other means, unless the former confirms its receipt.
The contracting party can ask for possible changes to the information sent, yet the agency is not under the obligation to perform these changes. The determining factor is seen to be the overall nature of text content (in relation to subject matter, length of text, degree of difficulty, etc.). On receipt of all information necessary to carry out the assignment, the agency will create a quote based on this information and the contracting party must confirm their acceptance in writing.
The budgets are valid for one (1) month and they include the taxable base, VAT and the total amount. The agency reserves the right at any time to correct errors in its offers, invoices and communications such as typographic or calculation mistakes and any errors that may have resulted from these.
The agency can authorise third parties to carry out services in full or in part. In this instance, the agency is only responsible for the careful selection of these people and their supervision.
The business relationship exists between the agency and contracting party. Contact by the contracting party with any third party involved in providing a particular service is permitted only with the agreement of the agency. Complaints against third parties can be handed over to the contracting party.
The agency is not responsible for the content of translated documents. The contracting party is fully responsible for the points of view and opinions expressed. The agency reserves the right of admission regarding the translation of documents of content that it considers inappropriate, morally incorrect, that challenges public order or that may be considered illicit.
The contracting party is responsible for submitting documents that are linguistically acceptable and clearly legible in terms of both content and format.
The agency will not correct errors or omissions in the original document but it will always attempt to communicate these mistakes to the contracting party.
The agency promises to carry out all the services offered professionally and conscientiously, thereby guaranteeing maximum quality.
2. Rights of use of translations
The contracting party assures possession of intellectual property rights and any other rights necessary to carry out a project once the assignment has been agreed. In the same instance, all the rights needed to carry out the translation are transferred to the agency. If the rights of third parties are infringed upon with the translation, the contracting party has already absolved the agency of all responsibility regarding complaints made by third parties, including any judicial expenses that may occur.
Both parties agree to guarantee confidentiality and will ensure that they do not communicate information about their business relationship or allow third parties access to this information. This applies especially to the content of documents to be translated, price agreements and fees, and to the translation process. Making this information public is only permitted where a legal infringement would occur if the information remained unexposed, or if the information is in itself public property.
4. Delivery conditions
Stipulated delivery times are not binding nor do they form an integral part of the contract. The time is calculated from the moment the assignment is confirmed, but this time does not begin until the agency has received all the technical details and accompanying data. A fixed delivery time is only binding where it has been explicitly agreed and confirmed electronically and in writing. An insignificant delay on the agency’s part does not give the contracting party the right to withdraw the contract. The agency has the authority to carry out part of a project.
If the contracting party chooses to modify the original assignment, by adding, omitting or updating information or by changing texts or graphics etc, the agreed delivery date can be changed. This shall also be true where the contracting party has not passed on all the information needed to complete the agreed assignment. The agency will not be held responsible for any type of delays and/or damages (including financial) caused in these circumstances.
5. Terms of payment
The translation fee is the amount stated in the confirmed request that is sent electronically. All prices are net prices. Other costs that do not relate to the translation process will be itemised separately in the invoice. The total amount stated on the invoice is to be paid in full within 30 days of the date on the invoice. If the contracting party has not paid in full by this time, payment is deemed overdue. The interest applied in this case is worked out according to the provisions of the Law 3/2004 of 29/12 which establishes means of combating non-payment in business operations. Guarantee rights do not allow the contracting party to retain agreed payments or to make changes to any amounts payable.
New clients are required to pay 50% of the total amount payable in advance and the remaining 50% within 30 days of the translation being submitted.
Payments shall be made in Euros by bank transfer or credit card. Any bank costs will be met by the contracting party. Any costs incurred delivering the translated documents by means other than email will be met by the contracting party.
6. Responsibility and compensation for damages
The agency agrees to carry out an objective translation unless a different standard has been agreed in writing. The contracting party has the right to complain against any translation error or delivery delay. Any such complaint must be made within 14 days of the delivery date. Complaints must be made in writing and must be based on opinions and judgements that are demonstrable. Insignificant errors will not be taken into account. The agency will take responsibility for all complaints made by the contracting party of gross negligence or intentional errors. Damages claims are limited in amount to foreseeable losses. The responsibility for simple negligence can be claimed only where basic agreements of the contract have been infringed. In this case, the cost of negligence will be limited to double the amount of the assignment cost. Responsibility will not be taken, under any circumstances, for damages caused to third parties. Responsibility will not be taken for errors caused by the delayed submission of a text or part of it, or for errors caused by a poor quality original document. This includes illegibility, poor quality handwritten texts or incomplete texts. The agency will not take responsibility for damages that may arise from making public, exhibiting or distributing a translation. The contracting party takes full responsibility for the use of the translated document, even though the agency may have agreed in writing to this use, or this use may have been stated in the original request confirmation. The agency will not be held responsible for damages caused by Acts of God or by labour disputes. If these circumstances arise, both parties have the right to withdraw the contract. Any costs incurred by the agency up to this point must be met by the contracting party. The agency will run regular checks on its software and files to detect the presence of any virus. This will be carried out using virus lists from a reputable antivirus software company. Although subject to availability, the lists used will not be older than one month. Due to the existence of a large number of viruses and their nature being that of a constant state of growth, responsibility will not be taken for their transmission or for damages this may cause. The contracting party agrees to follow up any data received or sent that may help to detect or avoid possible infections. A risk exists at the moment of transfer when data is sent from the agency to the contracting party. The agency is not responsible for any interference in the data transfer where that interference comes from outside the agency. The contracting party is liable for damages caused by a third party sending data in the name of the contracting party without authorisation. The contracting party agrees to preserve the secrecy of its access data and senders’ details. If any piracy is suspected, or if this secrecy is breached by a third party, the contracting party must inform the agency immediately. The agency is under the obligation to take the necessary precautions expected in any business operation to avoid unauthorised access to data by hackers. However, due to the nature of electronic technology, the agency cannot offer any guarantee against third parties accessing data. As far as possible, the contracting party will remove any personal data from the texts to be translated. If it is necessary to include any data of this type as defined by the Organic Law 15/1999, the agency will act exclusively as translator and will treat the personal data only for such ends. The agency is bound by the regulations of the current legislation concerning the treatment of personal data.
If any part of these conditions becomes invalid, the rest of the conditions remain valid. The section that has been invalidated will be replaced by another under mutual agreement and will provide the best economic solution taking the interests of both parties into account.
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