General Terms and Conditions
Article 1 B Application of the conditions
1.1 These conditions apply to any offer and any agreement between Translation Kings and a client on which Translation Kings has stated these conditions, with exclusion of the general conditions of the client, as far as these conditions are not expressly waived by the translator.
1.2 The terms also apply to all agreements with Translation Kings, for which third parties should be involved.
Article 2 B bid, an agreement
2.1 All offers and quotations by Translation Kings are free of engagement.
2.2 The agreement is established by written acceptance by the originator of the offer of Translation Kings or B if no tender is delivered by B by written confirmation of Translation Kings of a contract provided by the client. If Translation Kings, in the preparation of the offer, has not been able to see the full text Translation Kings is allowed to revoke the made quotation and specified deadlines after the acceptance of the offer by the originator. All quotations and tenders shall be excluding VAT, unless otherwise indicated.
2.3 Translation Kings is allowed to consider as his principal the person who commissioned the assignment to Translation Kings unless expressly given notice to be acting on behalf of, in the name of and on behalf of third parties and provided the name and address of the third party have been given to Translation Kings.
Article 3 B, revocation of contracts
3.1 If the client, after the completion of the contract, makes other than minor changes, Translation Kings is entitled to change the term and / or the fee or reject the contract.
3.2 If a contract is revoked by the client, they are obliged to make payment for the already completed part of the contract.
3.3 If Translation Kings has reserved time for the implementation of the contract and if this time cannot be used for other work, the client is obliged to pay 50% of the fee for the unfinished part of the contract.
Article 4 B completing of contracts, confidentiality
4.1 Translation Kings has to complete the contract to the best of its ability with professional knowledge to carry out the purpose specified by the client.
4.2 Translation Kings will treat all the available information given by the client strictly confidential. Translation Kings will oblige his staff to secrecy. However, Translation Kings is not liable for a breach of confidentiality by its employees if he can demonstrate that it was unpreventable.
4.3 Unless otherwise agreed Translation Kings has the right to let a contract (in part) be carried out by a third party without diminishing his responsibility for the confidential treatment and proper execution of the contract. Translation Kings will oblige the said third party to secrecy.
4.4 The client gives, when requested, substantive information about the text to be translated as well as documentation and terminology. Transmission of such documents shall always be the risk of the client.
4.5 Translation Kings does not guarantee the accuracy of the client’s information to the translator and assumes no liability for damages of any kind, in case Translation Kings based it on the customer provided inaccurate or incomplete data, although this was distributed in good faith.
Article 5 B Intellectual property
5.1 Unless otherwise agreed in writing Translation King retains the copyright on the by Translation Kings produced translations and other texts.
5.2 The Client shall indemnifies Translation Kings against claims by third parties for alleged infringement of property rights, patent, copyright or other intellectual property rights related to the implementation of the agreement.
Article 6 B Dissolution
6.1 If the customer does not fulfill its obligations, due to bankruptcy, liquidation or suspension of business of the customer, Translation Kings has, without any obligation to pay compensation, the power to cancel all or part of the contract or to suspend its implementation. Translation Kings could prompt payment of any outstanding amounts.
Article 7 B Complaints and disputes
7.1 The customer will have to report complaints about the delivery as soon as possible and in any case within 5 working days after delivery, in writing, to the translator. Lodging a complaint does not relieve the principal of his commitment.
7.2 If the complaint is justified, Translation Kings will be allowed a reasonable amount of time trying to improve or replace the work. In case Translation Kings is not able to meet de desired improvements a price reduction may be granted, but this is not an obligation.
7.3 The right to advertising of the client is cancelled if the principal has adapted or have someone else adapt the delivered work and then deliver it to third parties.
Article 8 B Deadline and time of delivery
8.1 The agreed delivery date is a target. Translation Kings is obliged to, once it is clear that timely delivery is not possible, inform the client immediately on the issue.
8.2 The delivery is considered to have taken place at the time of personal delivery or sent by email, fax, courier or by regular mail.
8.3 Delivery of data through electronic mail shall be deemed to have taken place at the time when the medium has confirmed the dispatch.
Article 9 B Fees and payment
9.1 The fee for Translation Kings are generally based on a word rate of the source. Translation Kings may also, next to the fee, incur expenses connected to the realization of the contract to the client’s account.
9.2 For each contract a standard advance of 40% is asked. For contracts of less than 100 Euros the advance is equal to the payment of the fee.
9.3 For each contract a standard final payment of 60% is required. We only provide the translated files as soon as this 60% is credited to our account, we check our bank account several times a day.
9.4 The fee does not include VAT, unless otherwise agreed.
9.5 expense accounts statements should be paid in the currency in which the declaration is made and no later than 14 days after the invoice date. After the expiring of the deadline of 14 days, the client is immediately and without further notice in default, in which case the purchaser shall be liable for the statutory interest from the date of default to the time of full payment. In addition, EUR 10, – excluding VAT rate is calculated per invoice.
9.6 All collection costs, both judicial and extrajudicial, shall be borne by the customer. The extrajudicial collection costs after the first notice is to be considered at least 15% of the advanced amounts, with a minimum of 50 Euros. This also applies in case of bankruptcy and suspension of payment.
9.7 Debt Comparison is not allowed.
9.8 In order to obtain greater security, we have the right to ask for, in cases of our choice, whole or partial prepayment, bank guarantees, etc. prior to the realization of the contract and / or sending sub-bills during the realization of the contract.
Article 10 B of liability and indemnity
10.1 Translation Kings is only liable for damage which is a direct and demonstrable result of a deficiency attributable Translation Kings. Translation Kings is never liable for all other forms of damage such as company loss, delay or loss of profits. The liability is in any case be limited to an amount equal to the invoice value of the contract excluding VAT.
10.2 Ambiguity in the to be translated text exempts Translation Kings from any liability.
10.3 The assessment of whether to translate a text or translation brings certain risks for personal injury shall be the sole responsibility and risk of the client.
10.4 Translation Kings is not liable for damage or loss of supporting the realization of the available documents, information or information carriers. Translation Kings is not liable for damages arising from the use of modern information technology and telecommunication.
10.5 The liability of Translation Kings is in all cases limited to an amount of € 2500, per event.
10.6 The customer is required safeguard Translation Kings against any third-party claims arising from the use of the product, except as provided for in this Article the liability of Translation Kings exists.
Article 11 B Majeure
11.1 Force majeure is in these terms meant as, in addition to what this regard in the law and jurisprudence is understood, all external causes, foreseen or not, on which Translation Kings has no influence, but which cause Translation Kings to be unable to fulfill its obligations. They shall in any case, but not exclusively, be: fire, accident, illness, strikes, riots, war, government measures and transport barriers.
11.2 During the force majeure, the obligations of the translator are suspended. If the period in which the fulfillment of obligations by Translation Kings is not possible lasts longer than two months, both parties are allowed to dissolve the agreement without there being an obligation to pay compensation in this case. If the principal is a consumer, the suspension referred to in this paragraph is only to the extent of what is deserved according to the law.
11.3 If Translation Kings, in the occurrence of force majeure, has partially fulfilled its obligations, or only in part to its obligations, Translation Kings is entitled to separately charge the already carried out work to the client account, and is allowed to oblige the client to pay as it were a separate agreement.
Article 12 B Applicable law
12.1 The legal relationship between the client and Translation Kings is according to Dutch law.
12.2 All disputes concerning these terms and conditions are subject to the discretion of the competent Dutch courts.
