1. General stipulations
These general terms and conditions hereby apply to all the translation services, all legal relations of NT DALMA d.o.o. (hereinafter referred to as: Translator), and the Client (hereinafter referred to as: Client), as well as to all the terms and conditions suggested by the Client or those the Client refers to, except in the case when the Translator issues a written acceptance for use of other terms and conditions which are not mentioned in these terms and conditions.
Furthermore, the Translator withholds the right to change or amend these General terms and conditions at any time without prior notice. The changes and amendments are valid immediately. The visitors of our website are obliged to notice those changes, and adapt to them on time.
The Client is any physical or legal person who has ordered the services from the Translator, except in case when this person exclusively emphasized that he acts in the name and for the account of the third party, whose data – name and address – he is obliged to give in the moment of translation order, together with written proof of acceptance given by that third party.
In case when the Client represents or acts in the name of a third party, rights and obligations stated in these terms and conditions are to be applied strictly and only to the relationship between the Client and the Translator. Therefore, the Translator does not undertake any obligation towards the third parties. The Client remains the only person responsible for the payment. The payment cannot depend at all on the settlement of invoice between the Client and the third party.
The Client is not authorized, except in accordance with a special written consent issued by the Translator, to transfer his rights and obligations to the third party.
By ordering services, the Client accepts all dispositions from these general terms and conditions.
2. Obligations of the Translator and the Client
2.1. Obligations of the Translator:
The Translator is obliged to perform all the ordered services consciously, with quality, professionally and within given deadlines. In case of inability to fulfill the same, the Translator is obliged to inform the client about it, immediately after the appearance of the circumstances that make the execution impossible.
Agreements and promises given by the employees or representatives of the Translator oblige the Translator only if he has given a written confirmation of such an agreement.
The Translator has the right to decline to issue the offer or pre-invoice if the Client has not delivered him the text that needs to be translated for evaluation.
The Translator is obliged to deliver the translations to the Client in one copy, in agreed form (by post, facsimile, e-mail or on disk). If there was no previous agreement regarding the delivery, the Translator shall deliver the translated documents via e-mail.
The translated documents are delivered to the Client as follows:
- first issue – without charge
- every second issue – with charge according to the price list
The Translator recommends obligatory editing of all the translations prepared to be published. The Translator does not accept nor undertake any responsibility for subsequent complaints concerning unedited published or any other texts that may arise with the lien. The Client may additionally order editing or proofreading of translated text from the Translator.
The Translator is entitled to cancel any contract concluded between the Client and the Translator as well as any order issued by the Client without any explanation whatsoever, by sending written notice to the Client.
The Translator is entitled to transfer his rights and obligations from these General terms and conditions entirely or partially to the third party.
Except in the case when the Client expressly forbids so, the Translator is entitled to use the Client’s name in his references and in self-promotional purposes.
2.2. Obligations of the Client
The Client is entitled to deliver three lines in format A4 for consulting and free translation of the same. The documents for translation may be delivered by facsimile, e-mail, on disk or in person. The Client must ensure the explications and determine the way he wants the translation to be done, as well as inform the Translator about specific terms of the translation language.
The client is entitled to lodge a written complaint to the delivered translation within seven days from delivery of translation and only if he has fulfilled all his obligations towards the Translator. After that term, the Client looses his right to complain.
The Client is obliged - in case the Translator asks him to – to deliver to him all the relevant auxiliary literature in the translation language and to name the consultant or a contact person who, in need of information, can be contacted by the Translator. In case if the Client possesses no additional literature on the subject, the Translator will use existing material and available personal literature.
For the needs of consecutive and conference interpreting, the Client is obliged to inform the Translator on the subject matter as well as to deliver him all the relevant materials and texts that will be interpreted, at least 7 days before the interpreting job.
For interpreting outside Zagreb/Croatia/Europe, the Client is obliged to settle the costs of the business trip as well as the interpreter’s accommodation and meal costs.
3. Prices
The services are charged according to the current Translator’s PRICELIST on the ordering day or according to other direct arrangements with the Client, confirmed by written agreement signed both by the Client and Translator.
The minimal calculation basis for translation is one char, consisting of 1450 characters with spaces, and for interpreting 1 hour.
Editing, proof-reading and all the other additional services whatsoever are not included in the translation price and are to be ordered and paid separately.
All the services that are not explicitly mentioned in these GENERAL TERMS AND CONDITIONS and current PRICELIST are to be charged according to the agreement. We reserve the right to change the prices according to the complexity of text or regarding the execution of any other services.
The Translator reserves the right to change the translation price as well as delivery terms in case he hasn't had the opportunity for estimation of the whole text that needs to be translated. After estimation, if the text is very complex, the Translator reserves the right to obligatory previous informing the Client about price change and wait for the Client's written confirmation to this change.
For urgent translations, the Translator charges “urgent price”, i. e., the translation price increased for 30 to 50 percent, according to the agreement. The urgent translation is considered a translation consisting of 6 or more cards from a foreign language into Croatian, i.e, 5 or more cards from Croatian into any foreign language, executed within one day, or in the same day, counting only working days, not including the days of receiving and delivering the text. For more complex texts, this amount may vary. A working day is any day in the week from Monday to Friday.
The price of consecutive and conference interpreting refers to the time the interpreter spends with the Client counting from the moment of the interpreter’s arrival to the agreed place until the end of the conference/meeting, regardless of the actual interpreting time. Every started interpreting hour will be calculated as a full hour.
Possible discounts may be agreed exclusively directly with the Translator, and refer to a specific project, unless otherwise agreed by special agreement between the Translator and the Client.
4. Payment terms and conditions
As a proof of serious order, the Translator is entitled to demand advanced payment in the amount of a certain percentage of the estimated translation price.
In case of doubt in the Client's payment ability, the Translator is entitled - for large quantities of text or regarding private or foreign Clients, as well as in any other cases when he considers it important – to ask for an advanced or complete payment before the execution of the order.
In case of cancellation of the ordered work, which comes into force through a written note of the part of the Client, the Client is hereby obliged to compensate to the Translator for all the costs that he has had until that moment.
To legal persons the Translator shall issue the invoice for the performed services immediately after the execution of the order. Payment for large quantity of text shall be arranged by special agreement.
The Client is obliged to settle the agreed amount for the services performed in the agreed way and within the agreed deadline, no later within 30 days from the day of invoicing. In case of payment delay and after the delivery of notice warning the Client that the Translator is free to charge the interest rates for every day of delay and apply all the other necessary measures prescribed by Law.
The Client may use the translated text after the complete payment of invoice issued by the Translator. The Translator withholds ownership right as well as all the other author’s rights over the translated text until the complete settlement and invoice payment.
The Translator is entitled to charge the Client for all the costs he has had regarding the execution of translation, for example, bank fees, postal costs, costs of package delivery, travel costs, translation costs and other similar costs.
5. Translation terms and delivery
The translated texts are to be delivered to the Client by e-mail, in the Translator’s premises, by fax or by post to the Client’s address. If the Client requires delivery by post, as registered package, by courier service or directly in his headquarters, the Client has to pay for the costs of such a delivery.
Translation terms are to be agreed between the Translator and the Client, and stated in offer or pre-invoice. Translation terms begin from the day when the offer was accepted, unless otherwise agreed between the Translator and the Client.
6. Responsibilities and guarantees
Neither the Translator nor the Client is liable for delay in the fulfillment of their obligations caused by no fault of theirs, or due to force majeure.
The translator guarantees confidentiality of information and protection of business secrets, intellectual and industrial property and patents, regardless whether they were registered or not.
Since no data transmission over the Internet can be completely safe, the Translator cannot guarantee the absolute security of information.
The Client is obliged to reimburse all the Translator’s damages such as claims, losses or expenses that arise as a result of any third parties’ request towards Translator, due to contents of any document translated by the Translator.
The translator is neither responsible for the content of the documents submitted by the Client, nor for the consequences of translated content.
7. Other
Translated materials are in the full ownership of the Translator, who has full author's rights towards the same as long as the Client has not settled the invoices for ordered materials. For as long as the Translator has exclusive rights over translated materials, the Client has no right to publish the same or use them in any other purpose whatsoever, without Translator’s written consent.
The Translator is obliged to keep all the translated texts in the database for the period of one year, counting from the day of the payment. During that period, the Client can ask for repeated delivery of the translated text in any form and for the price according to the current price list. After one year, the documents are permanently erased.
All the questions and misunderstanding which arise from these General terms and conditions are to be solved by mutual agreement, and if for any reason this is not possible, the competent court is the court in Zagreb.
In Zagreb, October 2009