Terms and conditions
General Agreement
Terms and Conditions
Harcz & Társa Kft.
1. Effect
The General Agreement Terms and Conditions (GATC) contemplated herein are effective for the contractual legal relations entered into between the Parties for the performance of translation assignments. The contracting Parties may deviate from the stipulations of the GATC by mutual agreement expressed in writing, in which case the related specific stipulations between the Parties take precedence over the provisions of the GATC.
2. The subject of the GATC
The Client and Harcz & Társa Kft. Fordítóiroda (registered office: 2092 Budakeszi, Kert utca 36.; Company Registry No:. CG.01-09-363595; Tax No.: HU 10958045-2-13; hereinafter: the Agency) express their mutual agreement that the Agency shall perform its obligations undertaken for the translation of a source document made available to it by the Client into the target language no later than the deadline previously mutually agreed upon.
3. The Scope and Nature of the Service
3.1. In lack of a different agreement between the parties, the following conditions are in effect with regard to the service.
3.2. The Agency may stipulate that the Client specify the purpose of the translation in its order, which may be any of the following:
3.2.1. For information only.
3.2.2. For publication, any other sort of publishing, or promotion.
3.2.3. For legal purposes, e. g. patents and/or procedures.
3.2.4. Any other purpose which the translator need to be aware of.
3.3. In case the Client decides to use the translation for any other purpose than specified in the order, the resulting damages or consequences shall be borne by the Client.
3.4. In case the purpose of the translation was not specified in the order despite the Agency's related request, as if the Agency had been ordered a translation for the purpose for information solely, as in 3.2.1.
3.5. The Agency shall accept no responsibility for translating unique terminology not yet accepted in public usage, excepting that the Client has previously made its required terminology available to the Agency when placing its order.
4. The order placement procedure, performance by the Agency and co-operation between the Parties
4.1. The Client shall send, via email, regular mail or currier service, at its own expense, or deliver in person, its order together with the source document to be translated to the Agency, who shall confirm receipt and acceptance of the order in writing. The service agreement related to the specific translation assignment shall be concluded when the Parties have agreed upon the subject, deadline and fee of the same in writing, and the source document to be translated has been received by the Agency. Any risks arising from the delivery process of the source document, in particular the risks of delayed delivery, loss, damage or destruction of the document, shall be borne by the Client. In case the source document is rendered illegible or in any other way unusable and therefore must be resent, the Agency shall notify the Client to that effect in writing without delay.
4.2. The Agency shall not be bound by any obligation to examine the legitimacy of the authorization or competence of the person representing the Client in conducting the order procedure, and after confirmation of order the Client may not refer to the fact of the lack of competence or authorization exceeded on the part of the representative as grounds for weaving or discounting the translation fee.
4.3. In case the Client has not fulfilled its payment obligations in full on invoiced fees for previous orders, the Agency shall have the right to refuse subsequent orders from the Client until full payment on previously invoiced translation fees have been made.
4.4. In case of orders involving the translation of documents requiring specialized professional terminology, the Client shall designate a professional contact person for consultation on such terminology, who shall remain available to the Agency for the full duration of the translation procedure. In case the Client desires to adhere, in the course of the translation of a special document, to the terminology previously used in similar documents or documents in the same topic, the Client shall make previously made translations available to the Agency, together with any additional references, glossaries or collection of the specialized professional terminology.
4.5. The Agency shall maintain the right to involve and contract a subcontractor in the process of the performance of the translation assignment. The Agency shall bear full liability for the activity of the subcontractor, as if such activity had been conducted by the Agency.
4.6. The Agency shall be obligated to deliver the translation in fully satisfactory quality rendered to fulfill its purpose aptly. The Agency is under obligation to translate particular terminology found in the assignment document only if the Client has provided a glossary of such terminology together with the source document.
4.7. The Client is obligated to examine without delay the translation completed by the Agency.
4.8. The Agency shall, upon sending the completed translated document to the Client, return, destroy or preserve for three months the source document, whichever is required by the Client.
4.9. It is a precondition for being able to meet the required deadline that the Agency receive all of the related documents with the order. In case part or all of the documents arrive with a delay, the deadline shall be correspondingly extended.
5. The amount of the translation fee, services free of charge, terms of payment
5.1. The amounts of the translation fees and the extra charges for urgent delivery are available on the prevailing list of fees published on the Agency’s web site at http://www.translationcompany.org. The Parties may deviate from the pre-determined charges by special agreement. The quote is valid in a written, electronic format for maximum one (1) week after its issuance.
5.2. When determining the specific amount of the translation fee, the character count with spaces of the (translated) target document is indicative. [Character count is indicated in the Tools/Word count/Characters (with spaces) menu item of MS Word documents.]
5.3. The Agency shall charge no fees for the typing, the simple formatting (e. g. breaking up into paragraphs, applying bold or italics type) (not including graphs and tables), spell checking, proofreading and electronic forwarding (preferably in email, perhaps on a disc) of the target document. In case the document is not sent electronically, the costs of the delivery of the completed assignment document shall be borne by the Client.
5.4. Dissatisfaction on the part of the Client with relation to the completed translation shall not be grounds to waive the translation fee or withhold payment on the part of the Client.
5.5. In case the Client does not make the document to be translated available to the Agency when requesting a quote, the Agency shall provide only a preliminary quote. The quote then shall be confirmed or a new, final quote shall be offered after the document to be translated has been received by the Agency, and work will commence when the final quote has been accepted by the Client.
5.6. The Client shall fulfill its payment obligation on the translation fee within ten (10) calendar days of the receipt of the related invoice issued by the Agency; payment shall be made via transfer to the bank account number indicated on the Agency’s invoice. In case of delayed payment, the Client shall pay to the Agency the equivalent of the national treasury prime interest rate effective on the last day before the calendar half-year affected by the delayed payment, plus 25%, as delayed payment interest. The delayed payment interest is applicable beginning with the first day of the payment delay.
5.7. In case the Client cancels the order for reasons outside of any fault of unsatisfactory or delayed delivery of the translation on the part of the Agency, the Client shall be obligated to reimburse the Agency for all of the justified expenses incurred in connection with the performance of the translation assignment, as well as make payment on the translation fee in proportion to the work verifiably completed until the day of such cancelation of order, plus any other damages incurred by the Agency.
5.8. For proofreading translations made by translators outside those contracted by the Agency, the Agency may charge the fee of a corresponding type of translation.
5.9. In case of payment delay, the agency may refuse acceptance of a new assignment. In case of delayed payment by the Client for an assignment, the Agency reserves the right to suspend work on other assignments already received from the Client until payment has been made on the completed assignment(s). This stipulation is also applicable to orders for which a delivery deadline has already been set and agreed upon by the Parties,
6. Warranties and liabilities
6.1. The Client is liable to ensure that it is legally competent and capable without limitations to place an order for the service to be rendered by the Agency. In case a third party, due to infringement on copy rights or to any other legal justification, makes a claim for any liability, the Client undertakes the obligation to release the Agency of such liability. In case a legal action is filed against the Agency in relation to the assignment, the Client shall participate in the legal procedures on behalf of and at the request of the Agency and shall support the Agency throughout the proceedings.
6.2. In connection with the translation of poorly legible (handwritten or blurred) or poorly comprehensible documents, no warranty claims may be effectuated against the Agency. The Agency shall accept no responsibility for translation errors ensuing from errors, omissions, and ambiguities in the source document,
6.3. The Client shall take cognizance of the fact that forwarding translated texts as unencrypted attachments does not ensure confidentiality of the text, which may thus be exposed to viewing or access by a third party. Documents via e-mail may be sent at the risk of the Client, and the Agency shall not be held liable for the same, It is recommended that confidential documents be forwarded encrypted by special agreement between the parties, The Client shall conduct or request delivery of the document(s) via e-mail at its own risk, and the Agency shall not be held liable for the same. The Agency accepts no responsibility for resulting damages or for any type of resulting injury to the documents sent via e-mail and for their arrival to the Client by the set deadline if the Agency sent the translation to the Client before the deadline expired.
6.4. If the Client places an order for an express translation, such quick delivery shall effect the Agency to forego its usual practice of high-standard checking activity.
6.5. For the accuracy of conversion of the measurements, currencies and the like the Agency shall accept no responsibility.
7. Delayed or unsatisfactory performance
7.1. In case of delayed delivery on the part of the Agency — in case such delay cannot reasonably be justified — the Client may terminate the agreement.
7.2. The Client may express to the Agency any complaints against the quality of the translation of the assignment document within eight (8) calendar days of the receipt of the related translated document, with the same period allowed for submitting potential claims for damages.
7.3. The Client shall be obligated to report to the Agency the objected translation errors, discrepancies or omissions, together with the exact nature of the error, specifically and accurately. The Agency shall be obligated to rectify any error, omission or discrepancy found and confirmed, within a deadline set mutually with the Client. In case the contracting Parties are unable to designate such a deadline, or in case the Client decides to involve a third party for the rectification of the objected items, the Agency shall be relieved of its liability to rectify the same. In case the Agency completes the rectification of the objected items within the mutually agreed deadline, the Client shall be obligated to make full payment on the invoice issued on the related translation assignment by the Agency.
7.4. In case the objected items are not corrected by the Agency within the mutually agreed deadline, the Client shall be permitted to terminate the agreement, in which case it will be prohibited from using the completed, translated document or any copies made thereof. In case of an insignificant error or discrepancy (which does not pose perceptible confusion or misrepresentation in the conveyance or comprehension of the completed translation), the Client shall not be permitted to effectuate any right to terminate the agreement.
8. Indemnity
The Client may effectuate its claims for compensation for damages against the Agency only if the Client has utilized the provisions for corrections as described in 7.3 herein, but such corrections did not yield the required results. In case of damages arising on the part of the Client which are a direct result of delayed or unsatisfactory performance by the Agency, the Agency shall be liable up to the amount equivalent to fifty percent (50%) of the full translation fee of the document in question, but not exceeding HUF 50,000 per each translation assignment.
9. Act of God
An unforeseen act of God automatically terminates the agreement between the parties. The Agency may effectuate claims for its incurred costs or the proportional price for its partial performance.
10. Additional provisions
10.1. The Client shall approve that the Agency include the translation assignment with the indication of the Client as client in relation to the assignment in its work references.
10.2. All and any liability and obligation in connection with all and any issues related to copyrights shall be borne by the Client.
10.3. The Agency shall be bound by obligation to maintain confidentiality related to all business secrets revealed to it in the course of the performance of the assignment even after such performance has been concluded, as well as maintain confidentiality of any such information made available to its employees and subcontractors.
10.4. The Client shall not be permitted to contact any of the employees or subcontractors contracted by the Agency for the performance of the translation assignment, circumventing the Agency, with the purpose of delegating further translation assignments or any related activities to such employee or subcontractor. The Client may delegate work to such persons only as within the framework of the assignment order regulated by the provisions of this GATC. In case of violation of this stipulation on the part of the Client, the Agency shall be entitled to full indemnity compensation from the Client in the amount corresponding to the amount that the Client would have been required to pay to the Agency in case the same order had been placed with the Agency.
11. Obligations entailed by the Agreement
Cancellation of any of the points of the Agreement shall not cause any other point of the same to lose effect.
Budakeszi, 18th, March, 2016
