Terms and Conditions

GENERAL CONDITIONS FOR SERVICES

1

      Introduction
In these terms and conditions:
Translation agency Romtext V.O.F .: with its registered office in Lelystad and registered in the Trade Register of the Chamber of Commerce under number KvK 54486041, is the user of these general terms and conditions and will hereinafter be referred to as 'we' or Translation agency Romtext V.O.F.
Client: The legal person (also referred to as 'customer') from whom we receive an order to provide interpretation and / or translation services and with whom we have entered into an agreement.
Contractor: Self-employed and qualified interpreter or translator. Hereafter referred to as 'interpreter or translator'.
Request: A written or telephone request, including e-mail, from the client to Translation Agency Romtext V.O.F. to find an interpreter or translator for the assignment.
Assignment: An assignment from the client to Translation Agency Romtext V.O.F. to have interpretation or translation work carried out by an interpreter or translator.
Agreement: this means all agreements to be concluded with us for the provision of interpretation or translation services.

Article 2
 Applicability of these conditions
These conditions apply to all offers / quotations (including appendices) and rate statements and agreements between Translation Agency Romtext V.O.F., the client and the contractor.
Translation agency Romtext V.O.F. does not accept terms and conditions issued by the interpreter, translator or customer; unless otherwise written by Translation agency Romtext V.O.F. is confirmed, such terms and conditions do not apply.
Additions or changes to the agreement concluded with us and these general terms and conditions and acceptance of the general terms and conditions of the client can only be made legally by written consent (including email) on our part.

Article 3 Offers and conclusion of the agreement
All our offers and / or quotations (including attachments) as well as quotations are issued orally or in writing by us and are without obligation. Even if our offer contains a term for acceptance, the offer can be withdrawn before the expiry of the stated term.
All our offers are based on the execution of the agreement by an interpreter or translator to be engaged by us, under normal circumstances and during working hours to be agreed with the client.
An agreement to produce a translation is only concluded after we have definitively accepted it on the basis of inspection of the text to be translated.
Details of the assignment, which are necessary for an interpreter or translator to assess whether he / she can accept an assignment, will be sent by the client before Translation Agreement Romtext V.O.F. pass along.
An assignment with the contractor is established as Translation Agency Romtext V.O.F. has sent an order confirmation. If the assignment concerns an ad-hoc request, the assignment confirmation will be oral, with the written confirmation by e-mail following afterwards.
The agreement is concluded after the client has accepted our offer and we have subsequently indicated that we accept the assignment definitively, which always takes place subject to the availability of interpreters or translators.
The agreement is only concluded through our final acceptance. Before that acceptance, we can always withdraw our offer, therefore also if the client has already indicated that he accepts the offer.
The foregoing also applies if the client gives us an assignment without an offer on our part having preceded it.
If an acceptance by the client deviates from our offer, this applies as a new offer from the client and as a rejection of our offer, even if there is only a deviation on minor points.
We may regard as our client the person who has given the order to us, unless he has explicitly indicated that he is acting on behalf of and on behalf of a third party and provided that the name and address of this third party have been provided to us at the same time.
If we reasonably doubt whether the client will be able to fulfill his payment obligations, we are entitled, before commencing with the execution of the assignment or the continuation thereof, to demand sufficient security from the client regarding his payment obligation.

Article 4
 Registration Chamber of Commerce, VAR
The contractor must have registered as an entrepreneur with the Chamber of Commerce before and during the entire term of the contract.
If the contractor acts as a Self-employed person without Personnel (self-employed or freelancer), he must be in possession of a valid Model Agreement that applies to interpretation and translation work throughout the term of the assignment agreement.

Article 5
 Change and cancellation of orders
If the client makes changes or additions after conclusion of the agreement, other than of a minor nature, at our discretion, we reserve the right to adjust the term (s) or the agreed price or to refuse the proposed changes.
Any changes in the agreed conditions of the assignment, after the conclusion of the agreement, will only take effect after written acceptance and confirmation by us.
If an assignment given is withdrawn (in the meantime) by the client, the client must pay the fee as determined in the rate overview. Any work already completed will be made available to the client.
Cancellations by the interpreter or translator must be made at least one full working day before the commencement of the assignment to Translation Agency Romtext V.O.F. be passed on.

Article 6
 Penalty clause at no show
An interpreter or translator who is unable to fulfill or cancel an assignment within one working day before the start of the assignment, must submit this no-show or cancellation to Translation Agency Romtext V.O.F. to announce. The interpreter / translator will translate Romtext V.O.F. inform about the substantive arguments of his cancellation. Translation agency Romtext V.O.F. is forced to pass on the costs incurred for the mediation to the perpetrator of the no-show.
If the interpreter or translator does the Romtext V.O.F. does not fulfill the given assignment and has not communicated this to Translation Agency Romtext V.O.F., a fine of € 130 will be imposed on a case-by-case basis.

Article 7  Execution of the assignment
We strive for the best possible execution of the work when providing interpretation and translation services. The assignment is carried out by employing an independently operating and qualified translator or interpreter. The assignment will be carried out to the best of its knowledge and ability and with the necessary expertise. However, we cannot guarantee that any intended result will be achieved.
If the client specifically requires that certain terminology be used, especially that which is preferred within his company or organization, he will have to explicitly state this when awarding the assignment. A list of preferred terminology will be made available to us.
At our request, the client is obliged to provide a substantive explanation of the assignment to be carried out and, if available, to provide relevant (other) documentation and (important) terminology.
Shipping and content of said information is always at the expense and risk of the client.
We are obliged to comply with timely written information and reasonable instructions regarding the execution of the interpretation or translation work, this only applies insofar as our independence is not at stake. We are not obliged to have translation work performed by only sworn translators, nor are we obliged to have our services performed by (provisionally) certified interpreters or translators.
In the event of a written translation, the client must ensure that the text is clearly legible. If this is not possible, we are free to charge a higher rate.
The client must ensure normal and good conditions under which the interpretation services must be provided at his or other location. In any case, the client must ensure that the conditions meet the requirements set by legislation in the context of working conditions.
The client is expected to check the correctness of essential subjects in a translation, such as, for example, monetary amounts, value numbers, technical terms, and medical terms.
The client is obliged to provide the Translation Agency Romtext V.O.F. to provide in good time all the information the interpreter needs in order to carry out the assignment as well as possible.
The client must ensure that the persons or institutions for whom or for whom interpretation is to be performed are informed in good time that an interpreter will be available.
The client is responsible for all possible circumstances and facilities that can improve the quality of the interpretation.
The client is obliged to confirm the services provided by the interpreter in writing. He / she does this by signing the "Order confirmation interpreter / translator". This form is provided by Translation agency Romtext V.O.F. drawn up and the client signs for the correctness of the data.
The interpreter or translator will carry out the assignment to the best of his knowledge and ability and in accordance with the requirements of good workmanship.
The interpreter or translator takes as much as possible in his / her opinion and the instructions of the client are reasonable.
The interpreter or translator acts in accordance with the Code of Conduct for Interpreters / Translators Wbtv and guarantees the quality and integrity of the execution of the agreement.

Article 8
 Mode of service
An agreed delivery term or completion date is a target term, unless expressly agreed otherwise in writing. As soon as we can determine or expect that timely delivery or completion is not possible, we will immediately inform the client. If we have not agreed a delivery period or completion date with the client, we have the right to reasonably determine the time within which the agreement must be executed. A stated date or term is never a strict deadline. The client is always obliged to give us notice of default and to allow us to perform a reasonable period of time.
In the event of an attributable exceeding of the delivery term or completion date expressly agreed in writing, the client is entitled to unilaterally dissolve the agreement, provided that the execution can no longer reasonably be expected. In that case we are not obliged to pay any compensation. This dissolution does not affect the client's obligation to pay for the part of the assignment that has already been carried out.
In case the agreement is changed, we always have the right to extend the agreed delivery period or completion date if this has been agreed without further notice.
We will immediately notify the client of the completion of the work.
The delivery of a translation produced is deemed to have taken place at the time of shipment. The time of sending is the time of post delivery, delivery to courier or, in the case of electronic sending (fax, e-mail, modem, ftp, etc.), the moment when the medium has completed the sending.
We deliver a manufactured translation in the manner agreed with us. If we deliver a produced translation digitally, it will be delivered once without warranty and without obligation to replace it. We are never liable for damage resulting from the use of (digital) data carriers provided by us, or for damage (including virus transmission) caused by the medium of the client. We are not obliged to deliver the translation work in parts, unless agreed otherwise in writing.
In connection with the execution of the agreement, the client is obliged to do everything that is reasonably necessary or desirable to enable timely delivery by us.
The client is obliged to fully cooperate with our delivery of the performance performed under the agreement. The client will also be in default without being warned to do so if he refuses to accept the performance, in which case the provisions of Article 13 (Payment) shall apply mutatis mutandis.

Article 9
 Complaints
In the event of a complaint, our complaints procedure comes into effect. The contents of the complaints procedure will be communicated to the client within the aforementioned period.
Complaints must always be reported as soon as possible after discovery. Expressing and submitting a complaint does not release the client from its payment obligation.
If the complaint concerns an invoice issued by us, it must be submitted within two weeks of the invoice date. If the complaint concerns an interpretation service, it must be reported to us no later than five working days after the interpretation service. If the complaint concerns a translation, the client must report objective errors in the translation to us no later than five working days after the translation work has been delivered. We will correct these objective translation errors free of charge.
Complaints and claims regarding a translation will not be honored if they are the result of ambiguity of the text to be translated.
Complaints about invoices can be submitted to our finance department (Tel: 06 29 457 407). Complaints about our services or the executive interpreter or translator can be submitted to the relationship management department (Tel: 06 55 77 81 87).
If the complaint is well-founded, we will if possible improve or replace the delivered within a reasonable time. If we cannot reasonably (no longer) meet the desire to improve or replace the service, we can grant a discount on the price.
The client's right to file complaints lapses if the client has edited or has edited the part of the delivered text to which the complaint relates or has subsequently delivered the delivered text to a third party.

Article 10
 Confidentiality obligation
We are obliged to maintain the confidentiality of all confidential information that comes to our knowledge in connection with the execution of the agreement. We will commit our employees to confidentiality. The interpreters and translators engaged by us are also reminded of their obligation to maintain strict confidentiality of the information obtained. However, we cannot be held liable for unexpected breaches of the duty of confidentiality by those third parties.

Article 11
 Intellectual Property / Copyright
Unless expressly agreed otherwise in writing, the copyrights on the translations produced will transfer to the client when it has fully fulfilled all its financial and other obligations with regard to the assignment in question.
The client indemnifies us against claims from third parties for alleged infringement of property, patent, copyright or other intellectual property rights in connection with the execution of the agreement.

Article 12
 Mode of service
The prices and / or rates specified by us are exclusive of turnover tax and any other government charges that fall under the implementation of the agreement and are based on the implementation of the agreement under normal circumstances and during normal office hours.
The prices and / or rates specified by us only apply to the performance of the agreement in accordance with our offer and / or the content of the agreement. In case of changes in the implementation of the agreement, we are entitled to charge these changes in accordance with our usual rate. We are entitled to increase the agreed price if the client provides extra laborious text, unclear copy, defective computer software and / or data files that require us to perform more work or costs than we could reasonably expect when entering into the agreement.
The above list is not exhaustive.
The prices and / or rates concern the reserved time and the extra time worked rounded up in time units of 15 minutes.
All travel, accommodation and other expenses are for the account of the client, unless agreed otherwise in writing with us.
The prices and or rates mentioned under paragraph 1 can be increased annually.

Article 13
 Mode of service
Unless otherwise agreed in writing with us, payment must be made without any discount and / or deduction and / or compensation. Suspension of payment due to an alleged (counter) claim is not permitted. Payment must be made by transfer to our giro or bank account in the currency stated on the invoice.
Payment must be made before the delivery date, unless agreed otherwise in writing.
In the event of late payment, the client will be in default immediately and without notice of default, in which case the client will owe statutory interest on the invoice amount from the date of default until the moment of full compensation. At that time we are also entitled, without further notice of default, to charge all costs, both extrajudicial and judicial. The extrajudicial costs amount to at least 15% of the outstanding principal with a minimum of € 50.00 per invoice.
The payments made by the client always serve to pay all interest, costs and subsequently due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
In principle, we only work with prepayment for new customers. We make different arrangements for old customers. If the client is not prepared to pay part of the amounts in advance, we are entitled to suspend our work after we have ordered the client in writing to pay the price of the translation or interpretation service in advance. Then any agreed period within which a service or part of the implementation of the agreement would be ready will lapse. In the event that the client does not pay due and payable amounts to us within the set payment term, we are entitled to suspend our services and / or work without further notice of default, with immediate effect. We have the right to keep ready parts under us and to exercise the right of retention on all matters to which the performance of the agreement pertains and which we have under us.

Article 14
 Mode of service
We are liable to the client for an attributable shortcoming in the performance of the assignment, insofar as the shortcoming consists of failure to observe the care and expertise that can be relied on in the performance of the assignment. However, we are not liable for: a). damage caused to the client or third parties as a result of the provision to us of incorrect and or incomplete data or information by or on behalf of the client; b). damage incurred by the client or third parties that is the result of an act or omission by third parties engaged by us (own personnel excluded); c). consequential damage arising at the client or third parties, including business damage, indirect damage, delay damage, loss of profit; d). claims arising from the client or third parties arise from ambiguities in texts or sentences.
Our liability for a shortcoming in the execution of the work as well as for a tort is limited to once the amount that the client has paid to us as a fee (excluding turnover tax) and / or is still owed in respect of the work on which the damage-causing event relates to or with which it relates.
Insofar as our work relates to communication between the client and a third party (e.g. patient, client) regarding or in connection with the physical situation of the patient, we make every effort to perform our work to the best of our ability, but we advise every fully assume liability for personal injury in relation to the aforementioned activities. The assessment of whether (the use of) a text to be translated or edited or the translation or editing thereof involves certain risks of injury, remains entirely at the expense and risk of the client. To the extent that we would still be liable for damage due to death or bodily injury, our liability is limited to the amount paid out under the relevant insurance contract concluded by us.
The client is obliged to indemnify us against claims from third parties arising from or related to the work of us on behalf of the client.
We are not liable for damage or loss of the documents, information or data carriers made available for the performance of the agreement. Neither are we liable for costs or damage arising as a result of the use of information technology and modern telecommunication means or as a result of the transport or transmission of information (carriers) or the presence of computer viruses in the files or information carriers supplied by us.
Our liability is in all cases limited to an amount of € 400 per event or per related series of events per year.

Article 15
 Mode of service
If, as a result of force majeure, we are unable to implement the agreement in whole or in part or are delayed in any way, the client must, without being able to claim compensation, let us choose to dissolve the agreement ourselves or to express ourselves to us. leave about the reasonable period within which we will fulfill our obligations, whereby the client has the right to dissolve the agreement, after having given us notice of default. The client is obliged to give us at least two weeks to let us know about it.
Force majeure on our side also includes any circumstance that is beyond our control, which prevents the normal performance of the agreement. In any case, circumstances such as force majeure are the impossibility to carry out the assignment due to the prevention of interpreters and translators engaged by us, as well as the impossibility for ourselves as a result of illness, strikes, disruptions of energy supplies, traffic disturbances, disturbances in transport and mail and / or telecommunication.

Article 16
 Mode of service
If the client does not, not in time or properly, despite summons with a reasonable term stated therein, meets any (payment) obligation arising from any agreement concluded with us, and in the event of granting deferment of payment, bankruptcy, receivership, dissolution of the client's legal person or liquidation of the client's company, or debt restructuring of natural persons has been declared applicable, we will be entitled to dissolve the agreement or part thereof without notice of default and without judicial intervention and without owing any compensation to the client. . We can then demand immediate payment of the amount due to us.

Article 17
 Mode of service
We process the (personal) data of the client necessary to build and maintain a trade relationship with the client, to inform the client about new business opportunities, for normal internal use within our organization, such as for financial administration and accounting, legal purposes and management functions, and to settle and handle legal claims and litigation and to comply with court judgments and other legal obligations and regulations. We only process sensitive (personal) data if this is required to comply with legal obligations, with the permission of the client or the person concerned, or if this is otherwise permitted by or pursuant to the law. We can pass on the personal data obtained from the client if this is necessary to achieve the objectives of the business relationship. This data may be passed on to other Translation Agency Romtext VOF entities, to hired third parties such as interpreters and translators, to business partners, and subcontractors (e.g. data processors) who provide services on our behalf, and in any other cases where we may be required to do so, for example by a court order to that effect. In each of these cases we have taken the necessary measures to ensure that all (personal) data passed on are adequately protected.
The client will treat all registered (personal) data of third parties hired by us, which may be made known by us before and during the assignment, confidentially and, more specifically, in accordance with the Personal Data Protection Act, as a result of which the client will inform of any (personal) data registered by him or her and the manner in which, when and for what purpose these data are processed.

Article 18
Mode of service
Dutch law applies to all agreements.
Legal proceedings are not possible before the complaints procedure under Article 9 has been completed.

Article 19
Mode of service
You can always read these conditions on the website of Translation agency Romtext V.O.F .: http://www.beedigd-vertaler-roemeens.nl/
The most recently published version applies to assignments, or the version that applied at the time that the assignment concerned came about.

Article 20
Mode of service
The legal relationships between the client and the translation agency Romtext V.O.F. Dutch law applies.
All disputes about these general terms and conditions are subject to the judgment of the competent Dutch court.