General terms of business
TRANSLATION TASKS
By placing an order, the Client agrees with the General terms of business of "Asense translations", hereafter referred to as the Translator, which, unless otherwise expressly agreed upon, shall have contractual value and take precedence over the Client's.
- Quotes and orders
The rates displayed on the Translator's website are exclusive of VAT and for reference only. The Client can request a detailed quote within 48 hours for free by email, post or using the online form. The Client shall provide all the information necessary for the Translator to estimate the difficulty of the translation task and charge an appropriate rate. Each quote's validity is for one month.
Any order must be confirmed by a written notification of acceptance of the quote, which is worth confirmation of the order and full acceptance of the present General terms of business.
Unless express agreement, any order shall imply the payment of a deposit of 25% of the total amount excluding VAT of the quote by the Client. - Delivery terms
The delivery time agreed in writing with the Client shall takes effect as soon as the Translator receives the source text, the translation task order and the deposit abovementioned.
The default delivery method for any order shall be by email. Any extra cost for deliveries by ordinary or express mail and for digital copying (CD-ROM, CD, DVD, USB stick and other) shall be charged to the Client. - Liability
A. of the Translator
The Translator shall not be liable in the event of late completion of an order due to sickness, accident, temporary incapacity or in the event of general force majeure. Notwithstanding, the Translator is bound to notify it to the Client within a reasonable time.
In the same line, the Translator is not liable when the late completion of an order is due to the late delivery by a third party (postal services and others), to the damaging or lost of the source text and/or translation during its transport.
The Translator does not accept any liability with regards to the defects present in the source text submitted by the Client.
The Translator is responsible for the translation's quality only if the latter is used in its unaltered and complete form.The vocabulary, spelling, punctuation and grammar attested by reference publications shall always be regarded as correct.Unless otherwise agreed by the parties, the translation of captions and graphics will be realized out of the image; layout tasks and graphic editing shall be realized by the Translator at an additional cost.
B. of the client
The Client shall provide all the information and documents necessary for the Translator to fulfil properly the order, notably any glossary, translation memory or informative document necessary to ensure the task requested is carried out satisfactorily. - Claim: Deadline for submitting a claim and statement of reasons
Any use, representation or reproduction of the translation, whether partially or totally, by the Client shall entail the full acceptance of the service provided.
To be valid, any claim shall be sent by registered mail within the 5 working days following the delivery date of the translation. Any invoice or fee note that is not contested within eight days is deemed to be accepted. A claim shall not interrupt the payment deadline.
Any claim or dispute regarding to the noncompliance of the translation, made within the deadline abovementioned, must be motivated in detail by reference to dictionaries, glossaries or equivalent texts written by native speakers.
An unjustified refusal of a translation shall not represent grounds for non-payment of the invoice or fee note.
If the dispute is justified, the Translator shall make the necessary modifications or corrections, excluding any other compensation or indemnity.
In the event of continued dispute regarding the translation's quality after a review of the claim by the Translator, the former shall be decided sovereignly by the arbitration committee of the Belgian Chamber of Translators, Interpreters and Philologists (hereinafter "BCTIP") when one of the parties involved is a member of this association. The arbitration committee shall only decide on the conformity of the translation with the source text. - Order adjustment and cancelation
Any order adjustment shall be contained in a written agreement between the parties, which shall make mention of the possible revision of the agreed price. Should the Client unilaterally cancel – partially or totally - an order for a translation, compensation shall be due to the Translator in line with the proportion of work already completed, including prior terminology research. The cost for these tasks shall be determined on the basis of the rate of the order or, if it is impossible, on the basis of the rates offered by the BCTIP, which can be obtained at its head office. In addition, the Translator shall be entitled to demand compensation of 20% of the bill amount of the cancelled work on the grounds of breach of contract.
- Capacity of the Client
By signing the order, the Client is deemed to act in his/her capacity as a representative of the author of the text to be translated and to explicitly authorize its translation in accordance with Article 12 of the Belgian Act of 22 March 1986 concerning copyright. - Translation and copyright
The Translator holds the copyright of the translated text. The latter shall not be reproduced in any form and by any mean, including by electronic means, partially or totally, without prior authorization, written and explicit, of the Translator. If the Client has the express agreement of the Translator to reproduce partially or totally the translation, the reproduced text shall be followed by the mention "© Asense translations ». - Payment
Any transfer sent within the 10 working days following the invoice reception shall be considered as cash payment.The place of payment is the domicile of the Translator.
In the event of non-payment, partial or total, of the amount due on time and after serving a formal notice to which the Client fails to react within 8 days following its sending, the remaining amount due shall bear interest rate of 11% per annum, with a minimum of 50 euro and a maximum of 1500 euro. - Arbitration
If it proves impossible to reach an agreement between the Translator and the Client, both parties or one of them may file a complaint before the arbitration committee of the BCTIP, if at least one of the parties is a member of that association. - Jurisdiction
Les présentes conditions générales de vente sont régies par le droit belge, à l'exclusion de tout autre.
En cas de litige, seuls les tribunaux de TOURNAI (BE) sont compétents. - Professional secrecy and conduct
The Translator shall be bound to observe professional secrecy. This means that the identity of the Client, the source text and translation content shall not be divulged.
The translator's liability does not include the data transferred by internet and by electronic mail; in this regard, the Client recognize that the Translator is not liable in the event of computer misappropriation of the data transferred by computer technologies.
Any quote and administrative document delivered or sent by the Translator shall remain his/hers property and shall not be provided to third parties.
The Translator undertakes not to keep any record of the documents transferred for the realization of a quote and to delete them one month after the delivery date of any quote not followed by an order.
As a member of the BCTIP, the Translator shall make it a point of principal to provide, in all circumstances, a high quality work. - Rates
The BCTIP offers to members an example of the calculation of rates that allow them to reach a particular level of income. However, each Translator shall determine his/her own rates.
In that case, the Translator shall explicitly mention the extra fees on the quote he delivers to the Client.
LANGUAGE CLASSES
The language classes delivered by "Asense translations" shall take place at the Client's home or at a place provided by the Client. Classes are organized by modules of minimum five sessions of one hour.
The rates for language classes are established per person and per hour. The travel expenses for any travel exceeding 20km back and forth shall be charged as extra fees to the Client.
The Translator shall grant a discount of minimum 20% to any group of minimum five attendees.
The Client shall negotiate a price for any group made up of five to ten attendees.
Any order shall be the subject of a quote approved by the Client and shall give rise to the payment of a deposit of 20% of the order's total amount.
The language classes are payable at the moment of the classes against acknowledgment, by "Asense translations", of the invoice related to the Client. The deposit shall be refunded by deducting the invoice related during the last session.
In the event of a session cancellation, the Client shall inform "Asense translations" in writing or by email eight days in advance; failing which "Asense translations" shall charge 50% of the amount for the classes non-cancelled within the deadline.