ENG
Terms of Service
GENERAL PROVISIONS
1 – These General Terms and Conditions apply to all
legal relationships between REAL
ESTATE TRANSLATIONS and the Client. A departure from the Terms and
Conditions shall only be only valid if REAL ESTATE TRANSLATIONS has agreed to
it in writing. The Client is expected to be acquainted with these General Terms
and Conditions on receipt of the order confirmation.
2 – The legal relationship between the Client and REAL
ESTATE TRANSLATIONS is governed by Dutch law. A competent Dutch court shall
adjudicate on any disputes that may arise between REAL
ESTATE TRANSLATIONS and the Client.
ACCEPTANCE OF THE ENGAGEMENT
3 – All offers and proposals by REAL ESTATE
TRANSLATIONS are subject to contract.
4 – The agreement shall be formed by written
acceptance of the tender by the Client, or, if no tender has been submitted, by
written confirmation of an assignment by REAL ESTATE TRANSLATIONS.
5 - If REAL ESTATE TRANSLATIONS has not had the
opportunity to inspect the entire source text, REAL ESTATE TRANSLATIONS shall
be entitled to revoke quoted prices and quoted delivery times.
6 – If, after the formation of the agreement, changes
other than slight changes are made to the assignment, REAL ESTATE TRANSLATIONS
has the right to reject the changes or amend the agreement accordingly.
CONFIDENTIALITY
7 - REAL ESTATE TRANSLATIONS shall treat all
information provided by the Client in the strictest confidence. REAL ESTATE
TRANSLATIONS shall impose secrecy on all its employees but REAL ESTATE
TRANSLATIONS cannot be held liable for violation of confidentiality by
employees if this violation could not reasonably be prevented.
8 - REAL ESTATE TRANSLATIONS retains the right to
contract third parties to carry out (part of) the assignment, without prejudice
to its responsibility for confidential treatment and adequate execution of the
assignment. REAL ESTATE TRANSLATIONS shall impose secrecy on any third parties.
REAL ESTATE TRANSLATIONS cannot be held liable for the violation of
confidentiality by third parties.
PRODUCT AND DELIVERY
9 – Where possible, the Client shall, on request,
provide intrinsic information about the source text and terminology. The Client
shall always bear the costs and risks for the dispatch of intended
information.
10 – The arranged delivery time is a target date; if
timely delivery should be impossible, REAL ESTATE TRANSLATIONS shall notify the
Client without delay. Depending on the circumstances and the length of time by
which the arranged date is exceeded, REAL ESTATE TRANSLATIONS may offer a
reduction on the arranged price; however, REAL ESTATE TRANSLATIONS is not
obliged to do so.
11 – If the promised term is deemed
unattainable and the delivery cannot reasonably be
expected, the Client is entitled to dissolve the agreement without owing REAL
ESTATE TRANSLATIONS compensation for damages.
12 – The delivery shall be deemed to have been done at
the time of dispatch by post, courier, fax or electronic means.
13 – If the Client has a complaint about the supplied
translation, REAL ESTATE TRANSLATIONS should be notified of the complaint in
writing within five working days of delivery. The expression of a complaint
shall not relieve the Client of his or her obligation to pay. If, in the
opinion of REAL ESTATE TRANSLATIONS, the complaint is substantiated, REAL
ESTATE TRANSLATIONS shall adjust the supplied translation in accordance with
the wishes of the client and in accordance with the nature of the complaint
within a reasonable length of time without charging for the time spent on the
adjustment.
PAYMENT
14 – All amounts exclude 21% VAT unless otherwise
specified. REAL ESTATE TRANSLATIONS shall not charge VAT to clients outside the
Netherlands.
15 – Invoices should be paid within 14 days of the
date on the invoice at the latest, in the currency in which the invoice is
compiled. In the event of overdue payment, the Client is in default, in which
case statutory interest shall be due on the amount on the invoice from the date
of the default until the payment is settled in full.
16 – Extrajudicial collection costs arising from
overdue payment shall be charged to the Client.
LIABILITY
17 - REAL ESTATE TRANSLATIONS can only be held liable
for damage that is the immediate and demonstrable consequence of fault
attributable to REAL ESTATE TRANSLATIONS. REAL ESTATE TRANSLATIONS can never be
held liable for any other form of damage such as loss of profits, losses due to
delays and lost income. In any case, the liability shall be limited to a sum
equal to that of the value of the invoice, not including VAT, for the
assignment in question, or, if lower, to EUR 2,500.
18 - REAL ESTATE TRANSLATIONS cannot be held liable
for incorrect interpretations of texts that may be considered ambiguous.
19 – The Client indemnifies REAL ESTATE TRANSLATIONS
against claims from third parties concerning alleged infringement of ownership
rights, patent rights, copyrights or other intellectual property rights in
connection to the execution of the agreement.
OTHER PROVISIONS
20 - REAL ESTATE TRANSLATIONS is authorized to
dissolve the agreement, either fully or in part, or postpone its execution, if
the Client does not fulfill its obligations, in the event of bankruptcy,
suspension of payments or liquidation of the Client’s company, without any
obligation to pay compensation for damages. In such cases, REAL ESTATE
TRANSLATIONS may demand immediate settlement of claims due to it.
21 – If REAL ESTATE TRANSLATIONS has not fulfilled its
obligations due to Force Majeure, it has the right to dissolve the agreement
without any obligation to pay compensation for damages. Such circumstances
shall be considered as, but not limited to, fire, accident, illness, labor
strikes, riots, war, transport impediments and government measures.