|Context : EcoLinguae | Terms & Conditions|
EcoLinguae's general terms and conditions take precedence over those of the contractor. The latter waives any right to apply his own terms and conditions, unless otherwise explicitly agreed.
2. Delivery terms
The delivery time agreed in writing with the contractor takes effect as from receipt, by EcoLinguae, of the necessary material for the translation, such as source text, specific glossaries or specialist literature and the final order for the translation.
A. EcoLinguae's liability
EcoLinguae accepts no liability for any delay in performing the work due to sickness, accident, temporary disablement or force majeure. EcoLinguae is, however, bound to notify the contractor of any delay within reasonable time. Likewise, EcoLinguae shall not be held responsible if the abovementioned delay is due to a delay in delivery by third parties
Likewise, EcoLinguae shall not be held responsible if the abovementioned delay is due to a delay in delivery by third parties(mailing or postal services, etc.) or to damage to the source text and/or translation during transport. EcoLinguae shall not be held liable for loss by third parties (post, mailing services) of the source text or translation.
B. Contractor's liability
The contractor communicates any information necessary for the correct performance of the requested services to EcoLinguae, before or during the execution of the contract.
Any complaint is sent by registered letter within a week of the date of delivery of the translation. Otherwise such a complaint is considered to be null and void. Any invoice or any fees to which no objection is made within a week are considered as having been accepted. A complaint does not suspend the term of payment. Grounds for complaints or objections concerning the nonconformity of the translation, drawn up in due form within the required time for submitting complaints, shall be provided in a detailed statement with reference to dictionaries
Grounds for complaints or objections concerning the nonconformity of the translation, drawn up in due form within the required time for submitting complaints, shall be provided in a detailed statement with reference to dictionaries, glossaries or equivalent texts written by native speakers. The refusal of a translation without stating the reason for such a refusal does not constitute grounds for non-payment of the invoice or fees.
5. Cancellation of the translation order
If the order for a translation should be cancelled unilaterally by the contractor, the latter is liable to pay compensation, the amount of which is proportional to the work already carried out including any previous terminological research. EcoLinguae is further entitled to claim compensation for breach of contract equal to 20% of the amount of the invoice or fees.
6. Capacity of the contractor
The contractor is considered to act in his capacity as the author of the text to be translated and explicitly authorises the translation of it in accordance with article 12 of the law of 22 March 1986 concerning copyright.
7. Translation and copyright
EcoLinguae holds the copyright for the translated text. No part of the translated text may be reproduced, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the explicit and written, prior permission of EcoLinguae.
8. Acceptance and confirmation of the translation order
The contractor makes it possible for EcoLinguae to assess the level of difficulty of the text to be translated.
9. Professional secrecy and ethics
EcoLinguae is bound by professional secrecy. This implies that EcoLinguae does not disclose the contractor's identity, the contents of the source text and the actual translation. EcoLinguae makes it a point of honour to supply a first-rate translation in all circumstances.
All amounts provided are VAT excluded (21%).
The invoices have to be paid within 30 (thirty) days of the reception of the invoice. The amount payable is the net amount, without reductions, unless explicitly agreed otherwise. The Registered Office of EcoLinguae is the place of payment, unless explicitly agreed otherwise. In case of total or partial non-payment of the amount owing on the due date, without serious grounds for not doing so, an amount equivalent to 12% is added to the outstanding sum, after formal notice to no effect, with a minimum of 50 EUR, and a maximum of 1.500 EUR. This increase is still applicable even if an extension of time for payment is granted.
11. Jurisdiction and Aribtration
In case of non-payment of invoices or fees, the court of jurisdiction is the court for the judicial district of Nivelles. These general terms and conditions are governed by Belgian law, to the exclusion of all other.
If it should prove impossible for EcoLinguae and the contractor to reach an out-of-court settlement, both parties or either one of them may refer the matter to the court for the judicial district of Nivelles.