Algemene voorwaarden (NL) / Allgemeine Geschäftsbedingungen (GE)
Terms and Conditions
This English version is a translation of the Dutch Algemene Voorwaarden. In the event of any discrepancy between the two, the Dutch version will prevail.
1. General Clause
All legal relations between Webred Taal & Documentation (the translator) and the client shall be subject to these terms and conditions, to the exclusion of any terms and conditions used by the client, unless the translator has agreed otherwise in writing.
2. Terms of Delivery
The term of delivery agreed in writing with the client commences when the original text and the definitive order for the translation is received.
3. Liability
Translator’s Liability
The translator is not liable when delay in performing the work is due to illness, accident, temporary inability to work or general force majeure. The translator must, however, notify the client of this within a reasonable period.
Further, the translator is not liable when the delay is the result of tardy delivery by third parties (courier services, post, etc.) or when the source text and/or the translation is damaged during shipment. Nor shall the translator be responsible for the loss by third parties (post, courier services) of the source text or the translation.
The translator can accept no responsibility for defects to the text supplied by the client.
The translator accepts liability for the quality of the translation made insofar as it is used in its entirety and unchanged.
The translator is liable only for loss or damage which is a direct and demonstrable consequence of a fault for which he can be held accountable in law. The translator is never liable for any other form of loss or damage, such as trading or consequential loss, loss due to delay, or loss of profit. In any event liability is limited to the amount invoiced for the assignment ex VAT.
The translator’s liability is in all cases limited to a sum of € 50,000 per event.
Client’s Liability
Prior or during the execution of the agreement, the client shall provide the translator will all the information necessary for the proper performance of the requested services.
4. Complaints: Conditions for Submission and Substantiation
The client must notify the translator of any complaints concerning the work delivered as soon as possible and in any event in writing within 10 working days of delivery. The fact that a complaint has been made does not release the client from his obligation to pay.
If the complaint is founded, the translator will correct or replace the work within a reasonable period of time or, if the translator cannot reasonably comply with the client’s wish that the work be improved, he will reduce the price.
Complaints or disputes on non-conformity of the translation, formulated within the period stipulated in this article, must be substantiated in detail using dictionaries, glossaries and similar textual material written by authoritative native speakers.
The unmotivated refusal of a translation is no reason for failure to pay the invoice/fee note.
If, after the translator researches the complaint disputes still remain about the quality of the translation, the translator or the client can submit them to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI). One of the two parties must be a member of the BKVT/CBTI. The Arbitration Board restricts its pronouncement to the conformity of the translation to the source text.
5. Cancellation of the Translation Order
When the client unilaterally cancels the translation order, the client will owe compensation. This compensation will consist of the cost of all the translation work effectively done and the preparatory terminological research. In addition, the translator may demand a cancellation fee for breach of contract equal to 20% of the amount of the invoice or fee note.
6. The Client’s Capacity
The client is considered to act in the capacity of author of the text to be translated and expressly authorises its translation in compliance with article 12 of the Belgian law of 22 March 1986 on copyright.
7. Translation and Copyright
The translator holds the copyright on the translated text. The text may not be reproduced in any form, in whole or in part, or in any manner, even electronically, without the express prior written permission from the translator.
8. Acceptance and Confirmation of the Translation Order
The client will enable the translator to assess the level of difficulty of the text to be translated. The translator will always immediately confirm the acceptance of an order offered and accepted over the telephone, citing the agreed upon fee and term of delivery.
9. Payment
Where a time limit for payment has been agreed, payment must be made within that time limit. In all other cases payments must be made within 30 days, in accordance with European Directive 2000/35/EC.
Upon failure to pay all or part of the amount owed by the due date in the absence of grave reasons, and after a futile notice of default, the amount due is increased by 110% with a minimum of 50.00 EUR and a maximum of 1,500.00 EUR, even when a grace period is granted.
The place of the payment is the translator’s domicile (for sole-trader businesses) or the registered office (for companies).
10. Competent Court
The sole court with jurisdiction over all disputes between the translator and client is that of the translator’s domicile (for sole-trader businesses) or the registered office of the translation agency (for companies).
The present general conditions are governed exclusively by Belgian Law.
11. Mediation
If the translator and client do not succeed in settling a complaint amicably, either party may submit a complaint to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI). One of the two parties must be a member of the BKVT/CBTI.
12. Professional Confidentiality and Code of Conduct
The translator is bound by a secrecy obligation. This requires the translator to respect the confidentiality of information relating to the identity of the client and the content of the source text and/or the translation before third parties unless this information should be required by government authorities as part of an official investigation. The translator is required to perform the assignment to the best of his professional knowledge and ability for the purpose the client has specified.
The translator will treat all information supplied by the client as strictly confidential. The translator will require his associates to observe confidentiality. The translator is, however, not responsible for any breach of confidentiality by them if he can reasonably demonstrate that he was unable to prevent this breach.
Unless expressly agreed otherwise, the translator may have all or part of an assignment performed by a third party or third parties, without prejudice to his responsibility to observe confidentiality and ensure that the assignment is carried out properly. The translator shall require such third party to maintain confidentiality.