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GENERAL TERMS AND CONDITIONS
1.
General
These
Terms and Conditions are valid for all language services between
us ("Pravica"), the contractor, and you, our client, unless
otherwise agreed in writing. The General Terms and Conditions shall
be accepted by the client when placing the order and shall apply
during the whole business relationship. We shall feel bound by some
other General Terms and Conditions only if agreed so in writing.
2.
Our Services
All
translation work, linguistic as well as other services, shall be
done thoroughly and as quickly as possible.
All
the information and documents necessary for a high-quality translation
are to be made available to us without being asked for and in time.
Unless
otherwise requested, technical terms will be translated into their
generally accepted equivalents. Customer-specific terminology will
be used only if the client explicitly requested so at the time of
drawing the contract. Should the original text contain passages
whose meaning is unclear, the contractor (we) reserve the right
to check back with the client (you). We may, however, choose to
translate the passage(s) in question to the best of our ability
according to what appears to be, in our opinion, their intended
meaning.
3.
Confidentiality
All
texts shall be treated as strictly confidential and shall not be
made available to any third parties unless we are explicitly instructed
so, with the exception of texts which have appeared in print in
a publication of general circulation.
We
shall protect the confidentiality of all your projects, trade secrets,
confidential information and other proprietary information and know-how
that may be disclosed to us in connection with your project.
Information
which are generally known in the public or in the industry are not
considered confidential.
4.
Order Placement
The
client can submit his/her order electronically via Internet or in
any other form.
The
client can provide the source text by e-mail, by fax or by conventional
mail. The client can decide if s/he wants to place an order immediately
or wants to obtain a cost estimate first. The
contractor (we) shall provide the requested cost
estimate within 24 hours (at the latest within 48 hours) of receiving
the source text / inquiry.
All
time data relate to Central European Time.
We
shall always confirm in writing if we have received the text sent
by the client via Internet. An order shall be regarded as accepted
only if we have confirmed it in writing. We shall not be liable
for delays or translation errors which occurred as a result of an
incorrect or incomplete source text submitted to us or confusing
or incorrect formulations used in the source text.
5.
Prices
All
services shall be charged according to our price-list in effect
at the time of drawing the contract unless otherwise agreed in writing.
A minimum fee applies. By extensive translations a deposit or a
prepayment can be required in accordance with the quantity of the
text for translation. The prepayment of the complete amount can
be required from private and foreign clients.
The
final price of a written translation includes: finding and choosing
the suitable terminology, discussing with the client the field specific
questions that have to do with translation and the terminology used
in the translation, writing the text in agreed form on a text processor
or entering the text into an existing text file, final check and
proofreading.
As
far as consecutive and simultaneous translations are concerned,
the price shall be calculated according to the time spent with the
client from the moment of arrival until the end of negotiations
(conference), no matter how much time is actually spent doing the
translation.
All
the prices are given without the value added tax. However, the clients
from the foreign countries (clients outside Croatia) don't pay the
value added tax since the translations are exported.
We
will be glad to give you a cost estimate provided the entire project
is available to us.
We
shall be entitled to deviate from the price details in the price-list
in individual cases depending on the language combination, the level
of difficulty and the special field of the source text. We shall
also reserve the right to charge for an express delivery or to request
additional compensation. The customer shall be notified of the aforesaid
in the order confirmation.
Should
a contract be canceled, text portions already translated shall be
given to the client and the client shall be charged for all the
services rendered by then.
All
quotations and prices shall be subject to change without notice.
6.
Delivery
We
shall inform the client about the delivery periods to the best of
our knowledge and belief.
Deadlines
are binding only when confirmed by us. We shall be entitled to deviate
from the delivery date stated in our order confirmation if the text
to be translated is exceptionally extensive and contains special
difficulties, if the target language is not one of the main languages
or if there are other reasons to do so. If, for unforeseen reasons,
the accepted order cannot be carried out within the agreed time,
the client will be immediately notified of the delay. We will accept
being placed in default only after a reasonable additional period
of time allotted in writing has been exceeded. On expiration of
this second deadline, you may refuse to accept the translation or
our services.
7.
Liability
We
urge you to contact us promptly if any problems or irregularities
occure so that a mutually satisfying solution could be found.
Complaints
shall be recognized if: in the case of apparent defects we are notified
of them with a precise description immediately after the written
or the oral translation service has been completed; in the case
of identifiable defects we are notified of them with a precise description
immediately after the examination of the translation or service;
and in the case of hidden defects we are notified of them immediately
after the customer becomes aware thereof.
In
the case of apparent defects all complaints shall be submitted within
two weeks of the completion of the written or oral translation,
and in the case of hidden defects within two weeks after the customer
becomes aware thereof.
If
the customer has properly submitted and justified the complaint,
we shall either correct the existing translation or replace it
with a new one or offer a price reduction or redhibition of contract.
If the aforesaid correction or replacement fails to rectify the
defect, the right to a price reduction or redhibition of contract
shall be re-instituted.
We,
the contractor, shall not be responsible for errors caused by incorrect
or incomplete information or faulty or illegible project documents
submitted to us.
Neither
shall we be liable for damages caused by computer viruses. Our computers
shall be checked for viruses at regular intervals. If data files
are delivered by e-mail, by modem or by any other electronical form,
the client shall be responsible for a final check of the transmitted
data files and texts.
In
the case of electronic delivery of texts and data from the customer
to us through some vicarious agents, we are unable to guarantee
absolute protection of trade and industrial secrets and any other
confidential data and information as it cannot be excluded that
unauthorized third parties have electronic access to the transmitted
texts.
For
files with sensitive content an encoded transmission by e-mail is
possible.
In
order to maximize protection of your information, we use state of
the art technology to protect your data from use, misuse or alteration
by unauthorized third parties. Currently we use on our web site,
when you fill out our order form and send it to us the Secure Socket
Layer Software (SSL) to protect your data and secure your transactions.
SSL encrypts all your personal information, including your credit
card number, name and address as it is transmitted over the Internet.
Of
course, no data transmission over the Internet can be guaranteed
to be 100% secure, and "Pravica" does not warrant that
your information will be absolutely secure.
Should
any third party press charges against us because of the copyright
violation or for some other reasons, we shall require a full indemnification
from you.
We
shall not be responsible for the consequences of force
majeure or inevitable natural disasters.
Our
maximum liability shall not exceed the return of the amount invoiced
for the work in dispute. Under no circumstances shall we be liable
for specific, individual, or consequential damages.
8.
Terms of payment
Bank
transfer: at maturity of invoice to our bank account.
Credit
cards: American Express, Eurocard-MasterCard or Visa.
We
shall charge the customer with the translation cost immediately
after its completion. A deposit, prepayment or payment in instalments
can be required also - sees point 5 of these General
Terms and Conditions.
If
the customer wants to pay the invoice amount by credit card, s/he
is required to inform us about his/her credit card company, credit
card number and the expiration date of the credit card when the
translation order is placed. The customer shall also give us the
address under which the credit card is registered. This may be done
by online form, e-mail or by fax. When placing the order the customer
shall empower us to collect the invoice amount by credit card.
9.
Other provisions
Any
copyright accruing to us while doing a translation shall remain
our property unless explicitly transferred to the customer.
Any
initial or subsequent invalidity of one or more provisions of these
Standard Terms and Conditions shall not
affect the validity of the other provisions.
The
customer shall be notified of all the amendments to the General Terms and Conditions in
writing. Any amendments shall be regarded as accepted unless they
are rejected by the client in writing within two weeks of their
notification.
Legal
venue: Zagreb, Croatia.
Zagreb,
August 1999
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