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1.General clause
The translator’s terms and conditions take precedence over those of the client and, unless otherwise clearly stipulated, the client waives its own terms and conditions.
2.Terms of delivery
The delivery timeline agreed with the client commences from receipt of the source text and confirmation of the requested translation.
3.Liability
A. Of the translator
The translator is not liable if a delay to the delivery of the work is caused by illness, accident, temporary incapacity to work or general force majeure. The translator must communicate this to the client within a reasonable time frame.
The translator is also not liable if the delay is the result of late delivery by third parties (courier companies, postal service, etc.) or if the source text and/or the translation itself was damaged during shipment. Nor will the translator be responsible for the loss by third parties (courier companies, postal service, etc.) of the source text or the translation.
The translator cannot accept any liability for deficiencies in the text supplied by the client.
The translator accepts liability for the quality of the delivered translation insofar as it is used in its entirety and unaltered, and up to a maximum of the invoice amount for the contracted work.
B. Of the client
The client will, before or whilst the contracted work is being carried out, provide the translator with all information necessary to carry out the requested services well.
4.Complaints: deadline for submission and substantiation
Under penalty of nullity, any complaint must be communicated by registered mail within 8 days of the delivery date of the translation.
Any invoice/fee note that is not disputed within 8 days is deemed to have been accepted. A complaint does not delay the payment due date.
Complaints or disputes about the non-conformity of the translation formulated within the contractual period must be thoroughly substantiated using dictionaries, glossaries and comparable text written by proficient native speakers.
The unsubstantiated refusal of a translation does not constitute a reason for non-payment of the invoice/fee note.
Disputes about the conformity of the translation to the source text may be submitted to the Arbitration Committee of the Belgian Chamber of Translators and Interpreters. The Arbitration Committee only rules on the conformity of the translation to the source text.
5.Cancellation of the commissioned translation
In the event of unilateral cancellation of the commissioned translation by the client, the client is subject to a fee. This fee consists of the translation work already carried out as well as the prior terminology research. To calculate this, reference is made to the pricing stated below. In addition, the translator may request a termination fee for breach of contract equal to 20% of the invoice amount.
6.Capacity of the client
The client is deemed to act in the capacity of author of the text to be translated and expressly authorises its translation, in accordance with article 12 of the copyright law of 22.3.1986.
7.Copyright
The translator owns the copyright to the translated text. The text may not be reproduced in any form, in its entirety or in part, by any means, including electronically, without the express, prior written permission of the translator.
8.Acceptance and confirmation of the commissioned translation
The client enables the translator to assess the difficulty of the text to be translated. Any request made by telephone and accepted by the translator is always immediately confirmed in writing by the translator, stating the agreed rate and delivery date.
9.Payment
The translator’s invoices are payable only in cash, net, without any discount. In practice, bank transfer within 30 days of receipt of the invoice is equivalent to cash payment.
In the event of full or partial non-payment of the amount owed on the due date, without good reason, the amount owed will, after unsuccessful default notice, be increased by 11% per year, with a minimum of 50.00 euros and a maximum of 1,500.00 euros, even if grace periods are granted. The place of payment is Ranst.
10.Competent court
The competent court for all disputes between the translator and the client is Antwerp court.
These terms and conditions are exclusively governed by Belgian law.
11.Arbitration
If the translator and client are unable to resolve a complaint amicably, either or both parties may submit the complaint to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BCTI). One of the two parties must be a member of the BCTI.
12.Confidentiality and deontology
The translator is bound by professional confidentiality. This implies confidentiality of the identity of the client, the content of the source text and of the translation itself.
13.Professional fees
The fee is agreed between the translator and the client and is stated in the quote, the order confirmation or on the purchase order.
The fees are payable in cash. The translator has the right to request an advance payment. VAT of 21% is charged on these fees.
Urgent orders: an additional 50% fee is charged for all urgent orders, i.e. for all texts that must be delivered within 24 hours of receipt. For large orders, the translator determines the rate and what is considered an urgent deadline in agreement with the client.