TERMS AND CONDITIONS
1 – These terms and conditions apply to all legally binding transactions between Turnaround Translations and its clients. Deviation from these terms and conditions is only possible with the prior written consent of Turnaround Translations. The client is deemed to be aware of these terms and conditions on his/her receipt of the engagement letter or upon commencement of the engagement.
2 – All legally binding transactions between Turnaround Translations and the client are subject to Dutch law. Any disputes will be submitted to the competent court in the Netherlands.
3 – All offers and prices quoted by Turnaround Translations are subject to confirmation.
4 – A contract is formed when the client issues written acceptance of the offer submitted by Turnaround Translations or, in the event that no offer has been submitted, when Turnaround Translations issues written confirmation of the engagement.
5 – In the event that Turnaround Translations has not had the opportunity to examine the complete source text, Turnaround Translations is entitled to retract or adjust the price and deadline quoted after acceptance of the offer.
6 – If, after a contract has been formed, the client makes alterations to the engagement other than minor changes, Turnaround Translations is entitled to refuse those alterations or to amend the original contract.
7 – If the client cancels the engagement, payment is due for the part of the engagement already performed, plus a maximum of 50% of the contracted services that were not rendered before cancellation. This increase is determined at the discretion of Turnaround Translations, based on loss of productivity and/or any other relevant factors.
8 – Turnaround Translations undertakes to perform the engagement to the best of its knowledge and abilities.
9 – Turnaround Translations will treat all information provided by the client with the strictest confidentiality. Turnaround Translations requires the strictest confidentiality from all its subcontractors. Turnaround Translations cannot be held accountable for any breach of confidence by subcontractors working for Turnaround Translations if that breach could not reasonably have been prevented.
10 – Turnaround Translations is entitled to subcontractor third parties to perform some or all of the engagement, without prejudice to Turnaround Translations’s obligation to perform the engagement properly and to observe confidentiality within the meaning of par. 9. Turnaround Translations requires the strictest confidentiality from all its subcontractors. Turnaround Translations cannot be held accountable for any breach of confidence by subcontractors working for Turnaround Translations if that breach could not reasonably have been prevented.
11 – If so requested, the client will provide Turnaround Translations with information regarding the content of the source text and regarding terminology, if at all possible. Dispatch of said information will be for account and risk of the client.
12 – The deadline agreed is a target time. If prompt delivery of the product proves impossible, Turnaround Translations will inform the client immediately. Turnaround Translations may, but is not obliged to, lower the fee agreed, depending on the circumstances and on the time by which delivery is delayed.
13 – If Turnaround Translations is accountable for the delay, the client will be entitled to rescind the contract without being obliged to compensate Turnaround Translations, if it is unreasonable for the client to wait any longer.
14 – Delivery is deemed to have taken place at the moment of dispatch by post, courier, fax or electronic means.
15 – All amounts are presented exclusive of Dutch VAT.
16 – Invoices must be paid within 14 days after the date on the invoice, in the currency in which the invoice is made out. If payment has not been made by the payment deadline, the client is in default, and without further notice being required will be liable to pay statutory interest from the date of default until the moment of full payment.
17 – If extrajudicial collection is required, a 15% collection fee will be levied of 15% on the first NLG 5,000 of the principal plus interest and 10% of the remaining sum, subject to a minimum collection fee of NLG 150.
18 – If the principal is not satisfied with the product delivered, a complaint may be made writing within 5 working days after the date of delivery of the product. Reporting a complaint does not relieve the client of his/her obligation to pay for the product delivered. If the complaint is a valid one, in the opinion of Turnaround Translations, Turnaround Translations will adjust the product to meet the client’s wishes, in accordance with the complaint. Turnaround Translations will not charge the client for the time spent on any such adjustments.
19 – Turnaround Translations cannot be held accountable for any loss or damage other than that resulting directly and demonstrably from shortcomings on the part of Turnaround Translations. Turnaround Translations cannot in any event be held accountable for any other loss or damage, including but not limited to trading or consequential loss or damage, loss or damage incurred as a result of delays and loss of income. This accountability is in all cases limited to the amount invoiced and paid, exclusive of VAT, for the engagement concerned.
20 – Turnaround Translations cannot be held accountable for erroneous interpretations of text which might be considered to be ambiguous.
21 – Turnaround Translations cannot be held accountable for any damage to or loss of documents or information carriers made available by the client.
22 – In the event that the client does not fulfil his/her obligations, and in the event of bankruptcy, suspension of payments or liquidation of the client’s business, Turnaround Translations is entitled to terminate the contract, in part or in full, or to suspend the performance of the engagement, without being obliged to pay any compensation. In such cases, Turnaround Translations is entitled to demand immediate payment of the fee due.
23 – In the event that Turnaround Translations is unable to fulfil its obligations owing to circumstances beyond its control, Turnaround Translations is entitled to terminate the contract, in part or in full, without being obliged to pay any compensation. Such circumstances include but are not limited to fire, accidents, sickness, strikes, civil unrest, war, transport impediments and government measures.
24 – Turnaround Translations reserves the copyright to any products delivered, unless the parties have agreed otherwise in writing.
25 – The client indemnifies Turnaround Translations against any third-party claims regarding alleged breach of rights of ownership, patent rights, copyrights or any other intellectual property rights arising in connection with the performance of the engagement.
26 – In the event that any disputes arise based on possible ambiguous interpretations of these terms and conditions, the Dutch-language version of these Terms & Conditions will prevail.