General Terms & Conditions
1. Application
These terms of contract apply for contracts between Technotext NL and its clients, unless other terms are agreed upon or are mandatory prescribed by Law.
The client can legally be an individual or a legal entity.
General terms and conditions of the client are only binding for Technotext NL if they are expressly acknowledged by the Company.
2. Scope of the Translation Order
The translation will be done with care in accordance with the fundamentals of proven professionalism. The Client will receive the copy of the translation as contractually agreed upon within the agreed time and in the form to which it was agreed.
3. Client's Obligation for Cooperation and Disclosure
The Client must inform Technotext NL in a timely manner as to the desired form of the product or service (intended purpose, delivery on data storage media, number of copies, print-ready, format of the translation, web design, etc.). If the translation is intended for printing, the client will provide Technotext NL a proof copy in a timely manner prior to printing so that Technotext NL can correct any possible errors. Names and numbers and other data must be verified by the Client.
Information and documents which are necessary for providing the translation (Client's terminology, illustrations, drawings, tables, abbreviations, internal definitions, etc.) are to be made available to the Technotext NL by the Client upon placement of the order.
Technotextus NL will not be penalized for errors and delays which result from the insufficient or delayed submission of source tests , additional informational material and instructions.
The Client assumes the liability for the rights to a text and ensures that the translation may be made. The Client releases Technotext NL from any resulting claims made by third parties.
4. Client's Rights in case of Deficiencies
Technotext NL reserves the right to correct deficiencies. The Client has in the first instance only the claims for correction of possible deficiencies contained in the translation. In the case of recognized deficiencies, the claim for correction of deficiencies must be made by the client without delay, however no later than within 14 days after acceptance, by detailed submission of the deficiency/deficiencies.
5. Liability
Technotext NL is liable in case of gross negligence or deliberate intent. Damages and delays which are due to Force Majeure, those which are due to computer failures and transmission errors when sending e-mail or which are caused by viruses are not considered gross negligence. In the case of ordinary negligence the translator is liable only for the violation of significant contractual obligations, that is violation of obligations whose fulfillment makes possible the performance of the contract in the first place and the compliance with which can relied upon as a rule by the Client.
Technotext NL is not liable for deficiencies which are due to the source documents, other information or documents supplied by the Client which are incorrect, incomplete or submitted in a non-timely manner, or which are due to defective, unclear, or illegible - even in part - source texts. The Client's claim against Technotext NL for compensation for damages caused as described above is limited to the value of the order.
The claims by the Client against Technotext NL due to deficiencies in the translation lapse one year after the acceptance of the translation, unless bad faith can be demonstrated.The liability for damages caused by deficiencies is limited by the legal statute of limitations.
6. Professional Secrecy
Technotext NL pledges to maintain confidentiality concerning all matters which become known to them in relation to working for the client.
7. Involvement of Third Parties
Technotext NL is entitled to engage employees or third party experts for the completion of the order.
In case of the employment of third party experts Technotext NL must ensure, that these pledge to maintain confidentiality as set forth in item. 6.
8. Payment
The Invoices of Technotext NL are due and payable without deduction within 14 days after the date of the Invoice.
9. Reservation of Proprietary Rights and Copyright
The translation remains property of Technotext NL until payment is made in full. Until then the Client has no right of use.
Technotext reserves any copyrights which may arise.
10. Withdrawal Policy
a) Right of Withdrawal:
Consumers have a legal right to withdrawal. Withdrawal Policy: you can withdraw your contractual statement within two weeks for any reason in writing (ex. e-mail, letter) or by returning the item. The time period begins no sooner than the receipt of this information. The prompt sending of the withdrawal or the return of the item is sufficient for guarantee of the the revocation period. The withdrawal must be sent to: info@technotext.nl
b) Consequences of Withdrawal:
In the case of a valid withdrawal the services provided by both parties are to be reimbursed. The obligations for payment must be fulfilled by the Client within 30 days of sending the declaration of withdrawal.
c) Special Instructions:
The right to withdrawal expires ahead of time, if Technotext NL has begun the performance of the service with express permission of the Client prior to the end of the withdrawal period or if this was arranged by the Client himself. The right to withdrawal likewise expires ahead of time if the contract is completed and the client has expressly consented to this.
11. Applicable Law
Any disputes in connection with the formation, interpretation or performance of an agreement with Technotext NL shall be brought before the competent court in The Hague. If he parties have agreed on another form of dispute settlement, the customer shall be granted a term of one month from the date Technotext NL has invoked such a clause to choose for dispute settlement by the competent court instead. The customer shall inform Technotext NL in writing.
12. Severability Clause
The validity of these contractual terms is not effected by the nullity or invalidity of individual provisions. The invalid provision will be replaced by a valid one, which corresponds as close as possible to the economic result and desired purpose of the invalid provision.
13. Changes and Amendments
Changes and amendments to these General Terms and Conditions are only valid if they are agreed upon in writing. This also applies for change in the requirement for written form itself.