General terms and conditions of business

1. Scope of application
The Client’s general terms and conditions will be only binding for VariaLingua to the extent that we have expressly recognised them. The translation will be carried out in accordance with the principles of proper professional practice.

The business relationship will always only come into effect exclusively between the Client and VariaLingua. Any contact between the Client and a third party that VariaLingua has employed requires VariaLingua’s consent.

The Client must inform the translator in good time about special forms of execution of the translation (translation on data carriers, number of copies, readiness for printing, external form of the translation, etc.).

2. Elimination of errors
We reserve the right to correct errors. The Client will be entitled to have any errors contained in the translation corrected. The Client must assert its claim to have errors corrected and describe the error precisely when doing so.

The translation will be deemed to have been approved if the Client does not raise any written objections immediately or at the latest within five days (receipt by us). The Client will in this event waive all claims that it may be entitled to as a result of possible errors in the translation. If the Client provides notification of an objectively existing and not only insignificant error within this five-day period, this error must be described as precisely as possible and we must first be given the opportunity to rectify it. This also applies to rush orders within very short delivery times. The Client will be entitled to a reduction in price or rescission of the contract if the subsequent improvement is demonstrably unsuccessful. Further claims, including claims for damages due to non-fulfilment, are excluded.

3. Liability
VariaLingua will be liable for gross negligence and intent.
Technical terms will, if the Client does not provide any materials or special instructions, be translated into the generally customary, lexically acceptable or generally understandable version.

Errors in the translation that are due to poorly legible, incorrect or incomplete text materials or due to erroneous or incorrect customer-specific terminology will not fall within VariaLingua’s or the translator’s area of responsibility.

We will not be liable for errors that result from a lack of information provided by the Client. We will not be liable for stylistic corrections by the Client, the translator will adhere to the original and will not effect any interpretations. Information and materials required for the preparation of the translation must be provided to us by the Client in good time and without it having to be solicited to do so (client’s glossaries, illustrations, terminology, tables, abbreviations, etc.). Where texts possessing technically relevant content are concerned, the Client will be obliged to check the translation for technical usability itself. The client must order proofreading after DTP in order to have the text released for printing if it intends to have the translation printed. VariaLingua will assume no liability if changes of any kind have been made to the translation. We will not be liable for errors resulting from non-compliance with these obligations. Liability will be limited to the value of the order. We will not be liable for delays or shortcomings in the execution of the work that result from unclear, incorrect or incomplete placing of orders or errors or misleading or even incorrect wording in the source text. Liability will in any event be limited to the value of the order in question.

4. Cancellation of a translation order
Work already completed will be made available to the Client and invoiced accordingly when orders are cancelled. We reserve the right to assert claims for any further damage.

5. Delivery time limits
Delivery time limits will be indicated to the Client to the best of our knowledge and belief. They can only ever be estimated dates. Deliveries will be deemed to have been made when the translation has been verifiably sent to the Client (dispatch protocol). The translation may also be sent on request on a CD, floppy disk or as a printout. All times used are Central European Time (CET).

6. Disruption, force majeure, closure and restriction of operations, network and server errors, viruses
We will not be liable for damages resulting from disruption to our operations that is in particular due to force majeure, e.g. natural events and traffic disruptions, network and server errors, any other connection and transfer disruptions and other obstacles for which we are not responsible. We will be entitled to withdraw from the contract in whole or in part in the event of such exceptional cases. The same will apply if VariaLingua discontinues or restricts its operations, in particular its on-line service, in whole or in part for a certain period of time for good cause. VariaLingua will also not be liable for damages caused by viruses. We use anti-virus software and also recommend this to our clients to avoid the risk of infection. The Client will be responsible for finally checking transferred files and texts in the event of translations delivered as files. Claims for damages in this regard cannot be accepted.

7. Confidentiality obligation
All employees and translators are committed to maintaining the strictest secrecy and to treating all business and trade secrets as well as all information relating to VariaLingua’s clients and business partners as confidential.

8. Payment
Payment will become due immediately after acceptance of the translation provided or within 30 days of the invoice.

Urgent orders which require overtime, night work, work on public holidays or Sundays will be carried out accordingly by agreement for an appropriate surcharge.

9. Prices
All quotes and prices are subject to change. Prices are stated in EURO unless otherwise agreed. A deposit or payment in instalments based on the amount of text completed may be requested in the event of large orders. All prices stated in our quotes are net prices without value added tax. We may change any published price lists that are subject to change without prior notice.

10. Retention of title and copyright

The translation remains our property until full payment has been made. The Client will not be entitled to use the translation until such time. The translator reserves his/her copyright. Translation memories remain our property.

11. Applicable law
The law of the Kingdom of the Netherlands applies. The place of jurisdiction for all legal disputes between the parties is Utrecht (the Netherlands).