Terms of Service
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.
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.
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.
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.
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.