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Unless agreed otherwise in writing, LinguaMED 2001 Kft. Translation Agency (hereinafter referred to as Translation Agency) undertakes the performance of translation services required by the Client exclusively under the following terms and conditions.

 

1     SCOPE AND NATURE OF SERVICE

1.1  Services provided by the Translation Agency: translation, proofreading, official translation.

Translation is defined as any service resulting in written translation (either recorded electronically or paper based) of the source language text (either recorded electronically or paper based) into the target language.

Proofreading is defined as grammatical and stylistic review of a translation prepared by the Translation Agency or a third party by way of comparing the source and the target language texts according to the requirements of modern language use; as well as the verification of the terminology used in the translation.

Official translation is defined as a translation that is prepared, proofread and printed by the Translation Agency, is bound together with the original document, is issued with an endorsement and is stamped with the stamp of the Translation Agency.

1.2   The Translation Agency may require that the Client disclose the purpose of the translation in the order. These purposes may include the following:

1.2.1  Information purposes only;

1.2.2  Disclosure, publication for other purposes or publication for promotion purposes;

1.2.3  Use for legal purposes, e.g. relating to patent and/or other procedure;

1.2.4  Official translation (properly endorsed by the Translation Agency);

1.2.5  Any other purpose which the Translation Agency has to take into consideration while preparing the translation.

1.3   If the Client uses the translation for a purpose other than that specified in the order, damages or consequences resulting from the use for such different purpose shall be borne by the Client.

1.4  If the Client does not inform the Translation Agency – despite its request thereof – of the purpose of the translation in its order, the Translation Agency prepares the translation to the best of its abilities as if it had been ordered by the Client for information purposes only.

1.5   The Translation Agency shall not be liable for the translation of specific terminology occurring in the source language document which has not yet become part of public knowledge, unless the Client provides the Translation Agency with the relevant terminology along with the order.

1.6   Unless otherwise provided by the Client beforehand, the Translation Agency processes the translation with an appropriate computerised word processing system, and stores it on its own storage devices in order to facilitate any occurring subsequent amendments of the translation.

1.7   Unless agreed otherwise in writing beforehand, the Translation Agency delivers the completed translation to the Client in electronic format (as a file) and via electronic means (via e-mail).

1.8    Upon request a printed copy may be made for extra fee.

1.9   The above section does not apply to official translations, where the agreed fee already includes the delivery of one printed copy. In the case of official translations, additional printed copies may be made for extra fee.

1.10  The agreement between the Client and the Translation Agency shall be concluded by way of sending of the order for the service by the Client in writing. The Client can validly submit the order by filling out an order form, signing it with its authorised (or, in case of a private individual, own, handwritten) signature, and sending the signed order form to the Translation Agency via fax or e-mail. By signing the order form, the Client acknowledges that it has read and understood the General Terms and Conditions accessible on the Translation Agency’s website and submitted its order with full knowledge of these terms and conditions.

1.11  The Translation Agency accepts the order according to the provisions pertaining to representation and misrepresentation of the Hungarian Civil Code.

2     SERVICE FEES

2.1   The fees of translation services are based on the fee specified by the Translation Agency in its written quote related to the specific work in question, or on the Translation Agency’s valid price list being of informative nature. The unit for the calculation of the translation fee is the number of words in the source language text. If the number of words in the source language text cannot be exactly determined due to the characteristics of the document or the data medium containing the source language text, the Translation Agency shall base its quote on an estimated number of words in the target language text, and shall define a service fee in accordance with section 2.4 below. The Translation Agency is entitled to determine a minimum service fee i.e. minimum fee.

2.2    The quote is valid only in written form and for a period of up to 30 days from its date of issue.

2.3   If the Client does not provide the Translation Agency with the document to be translated at the time of the request for quote, the Translation Agency provides a quote of informative nature only, which will be either confirmed after the receipt of the order upon the consultation of the documents to be translated, or replaced by a new binding offer; work will only start following the acceptance of such new offer.

2.4    In the case when the Translation Agency determines the exact fee of the translation services based on the number of words in the target language text, the written quote is of informative nature. The exact fee is determined based on the number of words in the completed translation.

2.5   For the proofreading of translations that are made by third parties, the Translation Agency may charge the appropriate fee for translation that may be necessary, if the quality of the translation so requires.

2.6   The Client may request the amendment of the translation that had already been performed and delivered, if it decides to introduce subsequent amendments in the source language document. The Translation Agency shall be entitled to charge a fee for the proofreading of the entire text, if the implemented changes are not clearly indicated in the amended text. If the changes are marked by the Client in a clearly identifiable way in the modified source language document, the Translation Agency translates the indicated parts only and charges only for the translation of the translated text and other additional expenses to the Client.

3     THE PERFORMANCE OF THE SERVICE

3.1     If the day (time) of the order is a material element of the order, the Client shall communicate this in its order.

3.2    The date of performance is only guaranteed if all documents that are required for the translation are received by the Translation Agency at the time of the order at the latest. If this condition is not met, the deadline of delivery shall be extended with the time of the delay.

3.3    If the contracting Parties do not agree otherwise, the place of performance shall be the e-mail address, fax number or postal address indicated by the Client on the order form. The postal delivery shall occur at the expense of the Translation Agency, via registered mail. In this case, the risk of mail loss or damage shall be borne by the Client. In case if the translation is to be delivered via fax upon the Client’s request, the Translation Agency shall not be liable for any text distortions that may arise from the quality of fax lines. In the case of delivery by electronic means, the Translation Agency does everything in its power to ensure that the translation arrives to the Client on time and without any damage to the attached translation, but only assumes liability for sending the email on time, with no damage to the attached file.

3.4   The Client may collect the translation completed by the deadline in the premises of the Translation Agency. If the Client does not collect the translation despite the Translation Agency’s written request, the Translation Agency may, at its choice on the one hand, terminate the agreement and claim compensation for its damages and costs. On the other hand, given the fact that the performance had been duly offered to the Client, the Translation Agency considers the agreement as performed and may claim the payment of the agreed fee of the service. The Translation Agency shall be obliged to retain the original document and the translation not collected for not more than one (1) year after the date of performance, and does not assume responsibility for the materials and documents after that date.

3.5   The Translation Agency stores the translated documents and other materials supplied for the purposes of the translation for five (5) years from the performance of the agreement, then discards them. When discarding, the Translation Agency destroys these materials in a manner that no unauthorised person may have access to them in any way. The Client shall be obliged to provide for the safekeeping and archival disposal of documents subject to Act LXVI of 1995 on Public Records, Public Archives, and the Protection of Private Archives.

4     CANCELLATION OF THE ASSIGNMENT

4.1    In the case when the Client withdraws a validly submitted and confirmed order, but the performance of the service has not yet begun, the Client is obliged to pay 10 per cent of the net value of the assignment as cancellation fee (flat rate cancellation penalty) to the Translation Agency.

4.2    If performance of the ordered service has already begun, the Client is obliged to pay the wages for the services performed until the moment of cancellation of the order.

5    FORCE MAJEURE

5.1   Force majeure (cause beyond the control of the Parties) terminates the agreement between the Translation Agency and the Client. The Translation Agency may claim its costs, and/or consideration for its partial performance.

6    WARRANTY

6.1   The Translation Agency shall deliver a translation in a quality meeting the usual business standards in a way that it shall be suitable for the objective indicated by the Client. The Translation Agency is not obliged to translate specific terminology occurring in the source language document which has not yet become part of public knowledge (see above section 1.6).

6.2    Any complaint concerning the quality of the translation shall be communicated by the Client immediately but no later than within 10 calendar days following the receipt of the translation. Liability for any damage resulting from the delay in such communication shall be borne by the Client. The same deadlines apply for notification on any claim for damages against the Translation Agency. All potential complaints concerning the quality of the translation shall be communicated to the Translation Agency in writing, supported by appropriate evidence. The Client may enforce its warranty claim within the six months limitation period commencing on the time of delivery.

6.3    The Client shall allow the Translation Agency to rectify the actual defects by giving a reasonable deadline. If the Client refuses to do so, or entrusts a third party with the correction of the defects, the Translation Agency shall be exempted from its obligation to perform the correction, and shall not bear any liability for the said work. If the Translation Agency carries out the corrections within the provided deadline, the Client shall be obliged to pay the entire amount of the Translation Agency’s fee as per invoice.

6.4    If the Translation Agency does not correct the defects within the appropriately extended deadline, the Client may withdraw from the agreement, or demand reduction of the fee. In the case of non-material defect, the Client is not entitled to withdraw from the agreement. Non-material defect shall mean that no translation error occurs in the text which would result in confusion in its interpretation.

6.5    Claims for correction of defects do not entitle the Client to retain any fee laid down in the agreement.

6.6    In case of translations to be published in press or in any other way, the liability of the Translation Agency in relation to any translation defects arises only if the Client had acted according to section 1.2, and the Translation Agency had been given the possibility to check the proof-sheets, or to carry out any other author’s proofreading. In such cases the Translation Agency may charge extra fee for the proofreading.

6.7   In case of translations of documents of which the text is difficult to read (handwritten or faded), illegible, unintelligible, or does not make sense, no warranties are enforceable.

6.8    Corrections of style (modifications), errors resulting from the ignorance of specific terminology (especially relating to the specific sector or to those used in-house by the Client) or of non-defined abbreviations – if the Client had not communicated them to the Translation Agency at the time of the order –, shall not be considered as translation defects.

6.9   The Translation Agency does not assume any responsibility for the transcription of names and addresses into or from non-Latin characters. In such cases it is recommended that the Client provide the Translation Agency with the transcript of such names and denominations in capital letters.

6.10   In the event that a translation is prepared by a word-processor which was previously specified in the order or in case of a translation whereby a word-processor was not specified in the order at all and the translation is delivered on the storage device as well, the Translation Agency shall not assume any responsibility for the incompatibility occurring on the IT devices of the Client. The Translation Agency performs archiving on the storage device specified in the order submitted by the Client with the utmost care, but is in no way liable for damage claims by the Client for loss of data.

6.11   If the Client orders urgent translation, such request necessarily restricts the ability of the Translation Agency to perform the controlling activity in accordance with the high level of accuracy that is otherwise the characteristic of the usual business practice of the Translation Agency. In this case, the Translation Agency performs the translation with reasonable care, but does not assume liability for any potential inaccuracy or deficiency in the translation. Furthermore, in this case, the Client is not eligible for the application of legal consequences of default towards the Translation Agency, or for any compensation.

6.12  Numbers in the target document follow those in the source document. The Translation Agency does not assume any responsibility for the conversion of numbers, measurements, currencies and similar elements in the text.

6.13   The Translation Agency shall carry out the translation with reasonable care, but is not obliged to meet the subjective expectations of the Client.

6.14   The Translation Agency does not assume any responsibility for translation defects resulting from errors, missing or ambiguous parts in the source text, or parts that are unintelligible even in the source text.

6.15   Manuscripts, original documents on paper or electronic data medium, and similar sources provided to the Translation Agency by the Client shall be returned to the Client at the time of delivery of the translation unless the Client authorises the Translation Agency to archive the original documents.

7      CONFIDENTIALITY

7.1.   The Translation Agency undertakes to keep confidential any confidential information – including but not limited to any information related to the operation, activity, financial-economic situation and future plans of the Client – that is obtained during the performance of the translation assignments, and shall not disclose them to third parties without the prior written consent of the Client, shall not grant access to them to anyone, shall not publish them and shall not use them during its activity performed for other persons.

7.2     If the Translation Agency carries out the performance of the assignments with subcontractors, the same confidentiality obligations shall also apply to them.

8     PAYMENT TERMS

8.1    Unless agreed otherwise by the parties, payments shall be made in cash or by bank transfer. In the case of payment by bank transfer, the payment deadline is 8 (eight) days from the date of the issuance of the invoice for companies; while in the case of private individuals, payment of the invoice shall be made before the delivery of the translation. In the case of payment in cash, settlement of the invoice shall occur at the time of the delivery of the translation. Parties may also agree otherwise concerning the payment terms.

8.2    The Translation Agency shall have the right to demand advance payment or reasonable partial payment from the Client.

8.3   The service of the Translation Agency is subject to intellectual property laws. The Translation Agency reserves the right of use of its intellectual property until the whole settlement of the invoice. The license for use may only be considered granted following the whole settlement of the invoice.

8.4    In case of late payment the Client is also obliged to pay the relevant default interest in accordance with the provisions of the Hungarian Civil Code.

8.5    In case of late payment of the Client, the Translation Agency may suspend the performance of new assignments.

8.6   In case of late payment of the Client, until the settlement of the outstanding amounts, the Translation Agency reserves the right to suspend the performance of those translation assignments that had been ordered by the Client but have not yet been delivered.

9    DISPUTE RESOLUTION, JURISDICTION

9.1   The contracting parties make every effort to settle any dispute arising between them in an amicable way.

9.2   The parties agree that for any dispute arising from the contractual relationship the Buda Central District Court shall have exclusive jurisdiction.

10  OBLIGATIONS ARISING FROM THE AGREEMENT

10.1  If certain sections of the agreement may become invalid, it shall not affect the remaining part of the agreement.

10.2 The Translation Agency reserves the right to modify the present document. Under the present section publication means the publication on the website of the Translation Agency.

 

Budapest, 18 January 2017

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