Terms of Service
GENERAL PROVISIONS
1 – These General Terms and Conditions apply to all
legal relationships between NATIVE TRANSLATIONS 4U and the Client. A departure
from the Terms and Conditions shall only be only valid if NATIVE TRANSLATIONS
4U 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 NATIVE
TRANSLATIONS 4U is governed by Dutch law. A competent Dutch court shall
adjudicate on any disputes that may arise between NATIVE TRANSLATIONS 4U
and the Client.
ACCEPTANCE OF THE ENGAGEMENT
3 – All offers and proposals by NATIVE TRANSLATIONS 4U
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 NATIVE TRANSLATIONS 4U.
5 - If NATIVE TRANSLATIONS 4U has not had the
opportunity to inspect the entire source text, NATIVE TRANSLATIONS 4U 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, NATIVE TRANSLATIONS 4U has
the right to reject the changes or amend the agreement accordingly.
CONFIDENTIALITY
7 - NATIVE TRANSLATIONS 4U shall treat all information
provided by the Client in the strictest confidence. NATIVE TRANSLATIONS 4U
shall impose secrecy on all its employees but NATIVE TRANSLATIONS 4U cannot be
held liable for violation of confidentiality by employees if this violation
could not reasonably be prevented.
8 - NATIVE TRANSLATIONS 4U 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. NATIVE TRANSLATIONS 4U shall impose secrecy on any third parties. NATIVE
TRANSLATIONS 4U 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, NATIVE TRANSLATIONS 4U shall notify the
Client without delay. Depending on the circumstances and the length of time by
which the arranged date is exceeded, NATIVE TRANSLATIONS 4U may offer a
reduction on the arranged price; however, NATIVE TRANSLATIONS 4U 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 NATIVE TRANSLATIONS 4U 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, NATIVE TRANSLATIONS 4U 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 NATIVE TRANSLATIONS 4U, the complaint is substantiated, NATIVE
TRANSLATIONS 4U 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. NATIVE TRANSLATIONS 4U 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 - NATIVE TRANSLATIONS 4U can only be held liable
for damage that is the immediate and demonstrable consequence of fault
attributable to NATIVE TRANSLATIONS 4U. NATIVE TRANSLATIONS 4U 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 - NATIVE TRANSLATIONS 4U cannot be held liable for
incorrect interpretations of texts that may be considered ambiguous.
19 – The Client indemnifies NATIVE TRANSLATIONS 4U
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 - NATIVE TRANSLATIONS 4U 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, NATIVE TRANSLATIONS 4U may demand
immediate settlement of claims due to it.
21 – If NATIVE TRANSLATIONS 4U 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.