Definition In these Terms and Conditions, “Translator” means: IbbibLingua, located at Jacques Dutilhweg 276, 3065 KA in Rotterdam.
Article 1 – General
These general terms and conditions shall apply to all legal relationships between the translator and the client, to the exclusion of (general) terms and conditions used by the client, unless the translator has agreed to their application in writing.
Article 2 – Quotations and formation of the contract
2.1. General offers and quotations by the translator shall be without obligation.
2.2. Quotations and quoted deadlines may always be revoked if the translator has not had the opportunity before the quotation to view the entire text to be translated or edited. The contract is formed by the client’s written or oral acceptance of the translator’s quotation or – if no quotation was given – by the translator’s written confirmation of a commission granted by the client.
2.3. The translator may consider as his client the person who has placed the order with the translator, unless the latter has explicitly stated that he is acting on the instructions, in the name of
name and for the account of a third party and provided that the name and address of such third party are supplied to the translator at the same time.
2.4. Agreements made and promises made shall not bind the translator until the translator has confirmed them explicitly in writing.
2.5. If the translator has any reasonable doubt as to whether the client will be able to meet his payment obligations, the translator shall be entitled to require adequate security from the client before commencing or continuing with the execution of the commission.
Article 3 – Alteration and cancellation of commission
3.1. If, after the conclusion of the agreement, the client makes any changes other than
If, after the contract has been concluded, the principal makes any changes other than minor changes to the order, the translator shall be entitled to amend the lead time and/or the fee or to cancel the order.
fee or to refuse the assignment as yet. In the latter case the client shall be
be required to pay for the work already completed, and the provisions of paragraph 3 of this article shall apply accordingly.
article shall apply mutatis mutandis.
3.2. If an order is cancelled by the client, the client shall be obliged
to pay in full the part of the order already executed. In addition, the
client shall, if applicable, pay a fee, based on an hourly rate, for
research work already carried out for the remaining part. The translator shall make the work already
work already produced at the client’s disposal if required. The quality of the work
delivered is not guaranteed.
3.3. If the translator has reserved time for the execution of the cancelled commission, he may
charge the client 50% of the fee for the non-executed part of the assignment.
part of the assignment not carried out.
Article 4 – Execution of assignments and confidentiality
4.1. The translator shall be bound to execute the commission to the best of his knowledge and ability and with the necessary
necessary expertise, taking into account the purpose specified by the client for the work to be translated.
of the text(s) to be translated or edited by the translator.
4.2. The translator shall treat confidentially the information made available by the client
to the extent possible in connection with the execution of the assignment.
4.3. Upon request, the principal shall, if possible, provide a substantive explanation of
the text to be translated and, if available, to provide relevant documentation and terminology.
General Terms and Conditions Translator IbbibLingua available to the translator. Such information shall always be sent at the client’s
account and risk of the client.
Article 5 – Term and time of delivery
5.1. The agreed delivery date is a target date, unless expressly agreed otherwise in writing.
agreed otherwise. As soon as the translator discovers or expects that timely delivery is not possible, the
the translator is obliged to notify the principal immediately.
5.2. If the translator fails accountably to meet the delivery date explicitly agreed in writing, the
5.2 Should the translator fail to meet an expressly agreed deadline for delivery, the client shall be entitled unilaterally to rescind the
agreement, provided that it is unreasonable to wait any longer for performance. The translator shall in such
In such cases the translator shall not be liable for any compensation. Such termination shall not affect the principal’s obligation to
of the client to pay for the work already completed.
5.3. Delivery shall be deemed to have taken place at the time of dispatch. The time of
The time of dispatch shall be the time of posting, handing over to the courier or, in the event of electronic dispatch (fax, e-mail, modem, etc.), the time of delivery.
transmission (fax, e-mail, modem, ftp, etc.), the time at which the medium has completed the transmission.
completed.
5.4. In connection with the performance of the contract by the translator, the client shall
obliged to do everything that is reasonably necessary or desirable to enable timely delivery by the
translator as possible.
5.5. The principal shall be bound to cooperate fully in the delivery of the
performance under the contract with the translator. The principal shall be in default even without
be in default if he refuses to accept the work, in which case the provisions of article 6.5 shall apply.
in which case the provisions of article 6.5 shall apply accordingly.
Article 6 – Fee and payment
6.1. The fee shall in principle be based on the translator’s current word rate or hourly rate,
unless agreed otherwise. In addition to his fee, the translator may also pay the out-of-pocket expenses
connected with the execution of the commission. For
A minimum rate per language combination may be charged for each assignment.
6.2. The price quoted by the translator for the work to be performed applies exclusively to the
performance in accordance with the agreed specifications.
6.3. The translator shall be entitled to increase the agreed price if the client adds
text, unclear copy, inadequate computer software or data files are supplied by the
data files are supplied which oblige the translator to perform more work or incur more costs than the translator would have incurred on conclusion of the contract.
than the translator could reasonably have expected on conclusion of the contract.
The above list is not exhaustive.
6.4. All amounts are quoted exclusive of VAT.
6.5. Invoices must be paid no later than 14 calendar days after the date of the invoice (or within the
translator in writing), without any discount, set-off or suspension
be paid net in the currency in which the invoice is drawn up. If payment is not made by the due date, the
principal shall be in default immediately and without notice of default, in which case the principal shall pay the statutory
owe statutory interest on the invoice amount, increased by 2 percentage points, as from the
the date of default until payment in full.
6.6. If the principal fails to pay on time, the translator shall be entitled to charge
charge extrajudicial collection costs in accordance with the Besluit vergoeding voor buitengerechtelijke incassokosten.
extrajudicial collection costs.
Article 7 – Complaints and disputes
7.1. The client shall submit complaints about the work delivered to the translator in writing as soon as possible, but no later than ten working days after delivery.
working days after delivery, in writing to the translator. The expression of a complaint
shall not release the principal from his obligation to pay.
7.2. If the principal questions the accuracy of certain translation solutions and asks the
translator for comment and if the translator can subsequently demonstrate that the
given translations are not incorrect, the translator shall be entitled to charge the client in full for the extra hours and other costs incurred in this connection.
hours and other costs incurred shall be charged in full to the client.
7.3. If the client has not expressed any complaints after expiry of the period specified in paragraph 7.1, he shall be deemed to have accepted the delivered work.
shall be deemed to have accepted the delivered work in full, and complaints shall only be
will only be taken into consideration if the translator, for reasons of his own, deems it desirable.
considers desirable. Alteration by the translator of any part of the translated or edited text at the client’s request shall not imply that the translator has accepted the work in full.
the principal shall not constitute an acknowledgement on the part of the translator that a faulty performance has been delivered.
7.4. If the complaint is well-founded, the translator shall be entitled within a reasonable time to improve or
improve or replace the work delivered; if the translator cannot reasonably comply with the request for improvement
or replacement, it may grant a reduction in the price.
7.5. The principal’s right to lodge complaints shall lapse if the principal has accepted the
has processed or has had processed the part of the delivered goods to which the complaint relates
regardless of whether he has subsequently redelivered the delivered goods to a third party.
Article 8 – Liability and indemnity
8.1. The translator shall be liable to the client only for damage that is the direct and demonstrable
demonstrable consequence of a shortcoming that can be imputed to the translator. The translator shall never be
liable for all other forms of damage, such as indirect damage, consequential
trading loss, loss due to delay and loss of profit.
8.2. The translator’s liability shall in all cases be limited to the invoice value, exclusive of
VAT, of that part of the commission concerned that has already been invoiced and/or delivered. The
liability of the translator shall in all cases be limited to a sum of EUR
45,000 per event or per connected series of events.
8.3. Ambiguity of the text to be translated shall release the translator from all liability.
8.4. The assessment of the question whether (the use of) a text to be translated or edited or the translation or editing delivered by
the translation or adaptation thereof delivered by the translator involves certain risks of personal injury
shall remain entirely at the client’s expense and risk.
8.5. The translator shall not be liable for damage to or loss of the documents made available for the
the documents, information or data carriers made available to him for the
data carriers. Nor is the translator liable for costs and/or damages arising from
as a result of the use of information technology and telecommunications media or as a result of
the transport or dispatch of information (data carriers) or the presence of computer viruses in
files or information carriers delivered by the translator.
8.6. The principal shall indemnify the translator against all claims by third parties arising from
the use of the work delivered.
8.7. The principal shall also indemnify the translator against all claims by third parties on account of
alleged infringement of property rights, patents, copyrights or other intellectual property rights in
connection with the performance of the contract.
Article 9 – Dissolution and force majeure
9.1. If the principal fails to fulfil his obligations, if the principal is
is declared bankrupt or bankruptcy is applied for, if the principal has applied for or been granted a suspension of
If the client has applied for or been granted suspension of payment, if the client is subject to a debt rescheduling arrangement for natural persons, or if the
debt rescheduling arrangement for natural persons is declared applicable or in the event of the liquidation of the principal’s
the principal’s business, the translator shall be entitled, without being required to pay any compensation
entitled to dissolve the contract in whole or in part or to suspend its execution.
suspend performance of the contract. The translator may then demand immediate payment of any amounts due to him.
9.2. Should the translator, due to circumstances beyond his control or risk, no longer be able to
can no longer meet his obligations, the translator shall be entitled, without being required to pay compensation
be obliged to pay any compensation, the translator shall be entitled to rescind the contract. Such circumstances
circumstances (force majeure) shall in any case include – but not be limited to – fire, accident, illness
strikes, riots, war, terrorist attacks, transport restrictions, government measures, interruptions in
government, disruption of the services of Internet providers, negligence on the part of suppliers
or other circumstances beyond the translator’s control.
9.3. If as a result of force majeure the translator must discontinue further performance of the
cease to perform the contract, he shall retain the right to compensation for work performed up to that point in time
and costs incurred and disbursements paid.
Article 10 – Copyright
Unless expressly agreed otherwise in writing, the copyright on translations produced by the
translator shall pass to the client at such time as the client has fulfilled all his financial and other obligations to the translator.
financial and other obligations to the translator in respect of the commission concerned have been met in full.
has been fulfilled in full.
Article 11 – Domicile
11.1. All legal relations between the principal and the translator shall be governed by Dutch law.