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Annex

General Terms and Conditions of Academy of Translations (Academia de Traduceri) Annex 1 to the Agreement No…………/ dated the…………………

 

  1. This document (hereafter referred to as the “Terms”) regulates the general business relationship between Academia de Traduceriwww.academiadetraduceri.ro, www.academyoftranslations.com contact@academiadetraduceri.ro, telephone number +4 0749194313, (hereafter the Provider) and the Beneficiary of the services (hereafter referred to as the Beneficiary), both hereafter referred to as the Parties, and is concluded for an indefinite time period.

1.1. In the event of a disagreement between an Agreement already signed by the Parties and the Terms, the Agreement shall prevail. The Terms are part of all and any agreements, hereafter referred to as the Agreement, concluded between the Parties, including but not limited to the cases of business relationships developed without the existence of such an agreement. Any amendment to the Terms or to the prices shall be notified to the Beneficiary by publishing it on www.academyoftranslations.com/annex and it shall come into force from the 7th day after the publishing date thereof.

1.2. General Business Conditions:

1.2.1. Placing a purchase order or sending the confirmation of the offer/quotation in any way, including via email; sending the translations or the invoice; issuing the fiscal receipt, collecting the down payment, the provision of any service by the Provider or any similar action (hereafter referred to as the Order) shall be accounted for as a proof of acceptance by the Beneficiary of the Provider’s Offer and of these Terms, thus being established a valid legal relationship between the parties, generating rights and obligations, which is equivalent to an Agreement: “Unless the Parties have agreed otherwise, the Agreement shall be considered concluded when the Offeror is notified on the acceptance of the Offer.” (Art. 9(1), Law no. 365/2002).”

1.2.2. If the purchase order is canceled/postponed, the down payment shall not be reimbursed and the Beneficiary shall owe and pay to the Provider the entire estimated price of the order.

1.2.3. The price for written translations is per page with Rounding. 1 page has 1,800 characters with spaces, which shall be calculated upon the target text, or upon the final translation. The minimum price unit for written translations is one page.

1.2.4. The estimate price/cost is an approximate price and not the final one. From our experience with previous orders, sometimes the target text (final translation) contains more characters with spaces than the source text, therefore more pages. Hence, the final cost/price for the requested translation may be higher, and the Beneficiary shall accept this fact and shall agree to it, without being entitled to file subsequent claims. The Beneficiary may check the number of characters with spaces/pages at any time, using the word count feature. Upon completion of the translation, the Beneficiary shall be informed on the final number of pages and the final translation price to be paid to the Provider. After the services have been provided, sending a new purchase order, including on the same day, related or not to the original order, shall represent a new order and it shall be charged according to a new offer/quotation. These new orders may include, without being limited to: the certification, authentication/notarization and applying of an Apostille/special legalization; re-certification, re-authentication, re-application of an Apostille/special legalization. The Provider reserves the right to change its prices, informing the Beneficiary on this change upon every subsequent order.

 

  1. The following terms shall be construed as follows:

Beneficiary/Client – any natural or legal entity, or entity with/without a legal personality, requesting and/or purchasing at least one service from the Provider.

Services – all the services quoted for and/or performed by the Provider for the Beneficiary.

Translation – a text translated from the source language into the target language.

Certified/Sworn translation – a translation performed, signed and sealed by a sworn/certified translator in Romania.

Non-certified translation – a translation performed by a certified or non-certified translator, but, due to various objective reasons, without applying the translator’s signature and seal.

Authenticated/Notarized translation – a certified translation. In this case, the translator’s signature shall be authenticated by a notary public and the source document shall be an original. According to the laws in force, the notary public may only authenticate a translation if the source document is an original or an authenticated/notarized copy.

Error – a translation from the source into the target language in an inappropriate form, grammatically or semantically, causing an essential deterioration of the original meaning of the text. This category shall not include unforeseeable situations, technical incidents, the use of synonyms, similar terms and/or any other non-culpable situation due to reasons beyond the Provider’s control (technical failures/issues etc.) or any other unforeseeable situations occurred without culpability. 

Source language – the language the translation is made from;

Target language – the language the translation is made into.

Page – 1,800 characters with spaces calculated on the target text (final translation), with rounding.

Rounding: a. The rounding of the invoiced pages shall be as follows: between 1 and 1.24 pages, the amount invoiced shall be calculated as per 1 page; between 1.25 and 1.5 pages, the amount invoiced shall be calculated as per 1.5 pages; between 1.6 and 1.9 pages, the amount invoiced shall be calculated as per 2 pages etc. b. Rounding the hours invoiced for interpreting: if the interpreting hour is exceeded by 15 minutes, the Beneficiary shall pay for an additional hour.

Source text – the text sent by the Beneficiary for translation.

Target text or Final translation – the translation of the source text. The target text may contain more pages than the source text, due to translation.

Offer/ Quotation – an estimate of the cost, duration and conditions for the performance of services and any other details, having advisory nature, based on the source text and sent to the Beneficiary.

Standardized document – standard, common documents, generally issued by state authorities, usually 1-2 pages long, including but not limited to personal documents, vehicle documents, civil status documents, graduation documents, criminal records, company registration certificates etc.

Standard translation deadline/ Standard volume – 1-10 pages in 1 business day for the following languages: English, French, Spanish, Italian, Russian. For the other languages, the term shall be agreed between the Parties. The Parties accept that, due to certain reasons, non-imputable to the Provider, the standard deadlines may be extended with up to 2 business days because of unforeseeable situations, technical incidents, and/ or any other non-culpable situation due to reasons beyond the Provider’s control (technical failures/issues etc.) or any other unforeseeable situation occurred without culpability. In this case, but also if an additional deadline exceeding these 2 days is required, the Provider shall inform the Beneficiary thereby.

Standard Professional Translation:

In order to guarantee a high quality level and the same translation style of the target text, the Provider recommends that the translation of the complete source text be performed by one person only. In case of an urgent deadline, the source text should be divided between several translators. This type of translation shall be considered an urgent one. For example, if the source text is 90 pages long, this document can be divided between 3 translators at most. According to international and Romanian standards, 1 person can translate up to 10 pages in 1 business day for the languages mentioned above – compulsory condition in order to guarantee an error-free professional translation. 90 pages can be ready in 3 business days, but the translation shall be delivered on the 4th business day, because the project manager needs an extra day to adjust and unify the 3 parts of the translation. If the Beneficiary accepts the division of the translation between more translators, any complaint on style or translation inconsistencies shall not be considered. Besides this, the Beneficiary should not expect an exceptional translation quality.

Business day – 9 a.m. – 5 p.m. Romanian local time, Monday to Friday, except for public holidays.

Urgent translation – more than 10 pages within 24 hours during business days or less than 10 pages delivered on the same day. Except for standardized documents of 2 pages at most, the translation can only be certified with the translator’s consent. In case of urgent translations, there may not be enough time to review the translations and/or to look up the terms, and this is agreed by both parties. In case of a higher volume, the translation shall be performed by several translators. In this case, the translation may contain different terms and different translation styles. Irrespective of the situation, the Beneficiary accepts that an urgent translation is subject to the risk of unexceptional quality and conformity. Hence, urgent translations may not constitute the object of a complaint as inappropriate/ inconsistent/ poor or with errors, except for cases of essential change in the original meaning of the text. Since the Provider considers that it is very important to provide a consistent and accurate translation, it does not recommend urgent translations because the translation may contain grammar errors or mistakes, without the translator’s intent or due to non-imputable reasons. Nevertheless, if the Beneficiary has no other solution, we recommend urgent translation to be requested only for certain standardized documents or for documents that will not be published, displayed in public, including on websites, or used in relation to third parties (e.g., authorities, media, customers, partners etc.), but only for the Beneficiary to become acquainted to the content of the translated document or for internal usage. By placing an urgent order, the Beneficiary undertakes this risk and any complaint referring to the difference of styles, grammar errors or inconsistencies shall not be considered, a fact both parties agree with. However, a deterioration of the original meaning shall account as an exception (as defined and explained above, under the paragraph titled Error), the Provider assumes responsibility for.

Specialized translation fee – an additional fee of 30-100% applied to the standard price.

In case of translations from one foreign language into another, performed by a native translator, the price shall be established in a quote/offer different than the standard one.

Inappropriate/ inconsistent/ poor translation – is a translation that contains more than 5 errors per 1 page. Error shall have the meaning above.

Specialized translation– other than a simple translation of a personal document, letter etc. For instance, technical, medical, legal, economic and other specialized texts, any other translation in a specialized domain and containing specialized terminology.

Urgency fee – an additional fee of 50-100% applied to the standard price.

Proofreading – revision, check or correction of a translation. The proofreading price shall be established either in the agreement or in the quotation/offer. Usually, the price represents 50% from the price of a full translation. If the Provider finds that the translation is not of the appropriate quality and a complete re-translation is required, ignoring the completed translation, it shall notify the Beneficiary and, with its consent, the Provider shall re-do the translation, but in this case the Beneficiary shall pay the full translation price, not just 50% of it. Any purchase order sent to the Provider, related to a translation previously performed by the Provider, may be invoiced as proofreading services (e.g. re-certification of a previous translation), because the Provider must make sure the Beneficiary did not change the target text. The Provider shall decide whether such order should be invoiced in full or as proofreading.

  1. Order acceptance conditions. The Order/ request may be placed via email and/ or any other means of communication agreed by the parties, or in person, at the Provider’s office. For order registration, the (new) Beneficiary shall provide its identification data (first and last name, Personal Identification Number, address of residence), its contact data (telephone, email) and, if applicable, company name, head office address, VAT number, Trade Register number, bank account, bank, representative etc.). The Beneficiary is responsible for the accuracy of the data supplied and, if such data is incomplete or wrong, the Provider reserves the right to reject the order. The order shall only be processed on the basis of the quotation/ offer drafted by the project manager. Offers confirmed/received after 5 p.m. shall be considered received on the following business day. The Beneficiary shall make a down payment, in full or for a part of the value estimated when the order was placed, unless the parties have agreed otherwise in this Agreement. When the translation is finished, the Beneficiary shall pay the remaining difference to the Provider. In the case of languages using a non-Latin alphabet, the Beneficiary shall mention in writing or via email the translation agreed of the names, proper names, cities, towns, or shall provide copies of passports/identity cards, company documents etc., for the Provider to extract the names the Beneficiary wishes to appear in the translation. Commercial names shall be translated to the target language and the original name shall be mentioned between brackets. Upon order launch, the Beneficiary shall mention in writing all the preferences regarding the order, including, if applicable, the preferred and agreed terms for each separate orders, or the Beneficiary shall provide a glossary of terms.
  2. Payment terms.

4.1. A firm order or launching an order means paying a down payment, except otherwise provided for in a separate agreement signed between the parties.

The service prices are provided in the Annex to the Agreement or in the Quotation/Offer and/or are displayed at the Provider’s office, or sent via email. For languages other than English, French, Spanish, Italian, Russian, the orders shall be accepted function of the translators’ availability and they involve a longer delivery deadline. If applicable, the related fees mentioned in this document and/or in the quotation/offer shall be added to this price. The invoicing date is the date when the invoice is emailed to the Beneficiary. The Beneficiary undertakes to pay all invoices within maximum 5 days from the date they are issued by the Provider, save a different payment term was agreed by the Parties in the Agreement or its Annexes or any other document or letter was issued by the Provider (including via email). Otherwise, the Beneficiary shall incur penalties of 1% per day of delay. The penalties may not exceed the value of unduly paid services.

4.2. Unless otherwise agreed between the Parties, the Provider shall issue invoices as follows: a. If the order exceeds RON 2,000 or refers to interpreting services lasting at least one (1) day, the Provider cannot offer services to the Beneficiary in absence of a signed agreement for each order or an Annex (Requisition Order) to the existing Agreement; b. According to the Quotation/ Offer, the first pro forma invoice shall have the value of 100% of the price mentioned in the Quotation/ Offer if the order amounts to less than RON 500, and 50% if the order exceeds RON 500. If the order exceeds RON 5,000, the Provider can agree with the Beneficiary on partial payments and partial service delivery, based on several pro forma invoices. Each pro forma invoice shall not exceed RON 2,000. The translation service or the performance of any other similar service shall start only after the Provider receives the payment for the first pro forma invoice from the Beneficiary. After the translation is ready, the Provider shall calculate the number of pages of the target text and shall inform the Beneficiary thereby. In case of any other services provided, the Provider shall inform the Beneficiary about the final price of the services. The Beneficiary shall receive and pay all pro forma invoices sent by the Provider, including the final pro forma invoice, for the final price less all payments already received by the Provider for the respective order. The Provider shall deliver to the Beneficiary the final translation (the target text), the original documents or any other completed services only after receiving the full payment of the final pro forma invoice.

4.3. The fiscal invoices shall be issued only after the Provider receives the full payment of the pro forma invoices. The invoice sent by email is considered an original invoice, according to the Romanian Fiscal Code.

4.4. The price quoted to the Beneficiary for a certified or authenticated/notarized translation shall be the same as for a non-certified translation. The price for the authentication/notarization of the first copy of a document of maximum 10 physical pages shall be RON 55, while any other additional copy within the same authentication process shall be charged at RON 20. If the document to be authenticated exceeds 10 physical pages, each additional copy within the same authentication process shall be charged at RON 30. If the Beneficiary does not request authentication/notarization, the preparation for authentication/notarization shall be charged at RON 25. The certification of the first translated copy of a document of maximum 10 physical pages shall be free of charge. If the translation exceeds 10 physical pages, the price of the certified translation or of its preparation for authentication/notarization shall be incremented by RON 1 per each physical page exceeding those 10 pages. The prices above are valid upon order placement only. The authenticated/notarized copy of a document in a foreign language, for translation authentication, shall be of RON 20 per physical page. The authenticated/notarized copy of a document in Romanian done for translation authentication shall be RON 15 per physical page. If the Provider receives and accepts to deliver documents, translations, and services on days other than business days, an availability fee of 20 % shall be added to the price of the order. This fee shall also be added in case of special situations, such as but not limited to: the document (source or target text) is received or is expected to be delivered by the Provider in a different format than MS Office formats, or the text is not editable, or it contains tables, or special editing conditions are required, in terms of layout, scanning, color printing etc.

The price for translation services from a foreign language into another foreign language shall be charged up to the maximum amount obtained by adding up the translation rates for each language.

4.5. According to the laws in force and due to the specifics of the service rendered, the fiscal invoice or the pro forma invoice shall be considered as unequivocally accepted for payment by the Beneficiary, upon its issue in electronic format (without signature and seal), even without confirmation of receipt. The Provider may unilaterally change the established prices, after notifying the Beneficiary, such changes being applicable to subsequent orders. If the translations are authenticated/notarized, the Apostille is applied on documents and in cases of complex formatting, the rates, the notary fee or the related services shall be charged separately and paid fully when the order is placed, unless the parties have agreed otherwise under the Agreement. The Parties agree that the invoices issued by the Provider based on the orders sent by the Beneficiary contain certain, liquid and exigible claims.

4.6. If, at the Beneficiary’s request, the Provider receives or sends the translations/documents by carrier to/from the Beneficiary’s head office, the Beneficiary undertakes to pay for the carrier services. The carrier services shall be paid by the Beneficiary either directly to the carrier company or to the Provider to a minimum price of RON 15 per envelope of 0.1-0.9 kg.

 

4.7. The exchange rate used for invoicing is that of the National Bank of Romania (www.bnr.ro) +2%. Whether the price is in RON or in a foreign currency, if the invoice or the payment is made in a foreign currency, 2% will be added to the price, i.e. the exchange rate difference. If the payment is made outside Romania, the Beneficiary shall make all arrangements so as the Provider receives the actual amount mentioned on the invoice and shall pay all bank transfer fees or these shall be added to the price of the services provided.

 

  1. INTERPRETING SERVICES:

5.1. The Beneficiary must ensure all necessary conditions for the smooth conduct of the interpreting services, including breaks for the interpreter. The Beneficiary should make all arrangements and payments to provide any necessary facilities and equipment (e.g. headphones, a cabin for each language pair for maximum 2 interpreters, microphones, materials, transportation, accommodation, visas, meals, any other additional services necessary for the interpreting event) in decent conditions or settle/reimburse such amounts with/to the Provider.

5.2. Within maximum 48 hours before the date when interpreting services are to be provided, the Beneficiary must provide to the Provider the full details on the interpreting event, information regarding the domain, the topic and the subjects discussed during the event, and email the documents to be used during the event (presentations, documents, contracts, the text of speeches, Power-Point presentations, discussion topics, specialized glossaries if applicable, etc.), since interpreters need to get acquainted with the interpreting topic. The Beneficiary should provide as well, in the same conditions as above, the planning details of the event (location, date, time schedule including breaks, coffee breaks, the number of attendants, the place where the interpreter will translate – cabin/stage).

5.3. If the Beneficiary does not provide the materials in due time and does not ensure the conditions for the smooth conduct of the event, as mentioned herein, the Provider will not be able to perform appropriately and professionally and therefore will not be liable for the Beneficiary’s potential discontent.

5.4. In case of simultaneous interpreting, the presence of two interpreters per language pair is compulsory.

 

5.5. For interpreting services lasting at least one day, a separate agreement or an annex to the current agreement shall be signed, with all interpreting details. In exceptional circumstances, the interpreting details may be transmitted via email.

 

5.6. The interpreting service fees shall be expressed in EUR or RON per hour, half a day or one day. Such services shall be fully paid in advance, if the agreement between the parties does not provide for otherwise.

 

5.7. The minimum fee unit for interpreting services is one hour, half a day or one day. One day is defined as 6-8 hours, only on business days, between 8 a.m. and 6 p.m. The interpreting hours include breaks, coffee breaks, lunch and any possible interruptions due to the Beneficiary. Half a day is defined as 3-4 hours and it shall cost 50% of the fee for one day. If any interpreting hour is extended by 15 minutes, the Beneficiary shall pay to the Provider one extra hour for each such extension.

 

5.8. Each hour exceeding the schedule initially agreed on shall be invoiced separately, according to the fee established with the Provider in the quotation, and it shall be provided only if the interpreter is available.

 

5.9. If the interpreting event takes place in Bucharest or the town where the interpreter is domiciled, the fee is charged since the interpreter arrives to the place indicated by the Beneficiary, irrespective of the hour when the interpreting actually begins.

 

5.10. If the interpreting service takes place outside Bucharest or the town where the interpreter is domiciled, all necessary costs, including but not limited to the travel/transportation costs, 3 meals a day and the interpreters’ accommodation in hotels rated at least as 3 stars (single rooms), visa etc. shall be covered by the Beneficiary. Arrangement for such facilities shall be made by the Beneficiary or their payment shall be settled with the Provider. If the interpreting service takes place outside Bucharest or the town where the interpreter is domiciled, the interpreter’s services shall be paid and considered provided starting from the moment when the interpreter leaves the town where they are domiciled and completed when the interpreter arrives to the town where they are domiciled.

 

5.11. In case any problems or situations occur during the interpreting services, involving unforeseen/additional costs, such as but not limited to: travel expenses if the Beneficiary’s car underwent a failure, accommodation payment if the hotel reserved by the Beneficiary doesn’t have rooms available or they do not comply with the requirements above, all these costs will be paid by the Beneficiary or/and they will be settled with the Provider.

 

5.12. Cancelling the interpreting order. If the order is cancelled, the down payment shall not be reimbursed and the Beneficiary shall owe and pay to the Provider the entire estimated price of the order, including if the interpreter arrived at/left for the location of the interpreting event, while the interpreting event was canceled/postponed. For an interpreting event of at least one day or the services related to organizing such interpreting event, including but not limited to: rental of technical equipment, sound services, cabins, headphones, video projection systems, cameras, lighting a.s.o., rental of conference hall, transportation and/or catering services, if the Beneficiary cancels the order less than 7 working days before the beginning of the interpreting event, the Beneficiary is due to pay a cancellation fee of 10% of the order value. If the cancellation or modification of the order (e.g. only 3 interpreting days are necessary instead of 5, or on the last day only 2 hours of interpreting are necessary) takes place less than 2 business days before the beginning of the interpreting event, the Beneficiary undertakes to pay 100% of the order value.

 

5.13. Consecutive interpreting is the oral translation for one person or a small group of persons, at a notary office for affidavits, powers of attorney, signature specimens, at the civil state office where the residence permit for young married couples is issued, during business meetings, city tours etc. The interpreting price depends on the client’s language, specialization, activity field and the location where the interpreter should come. The interpreter’s fee includes the time assigned for the interpreting, the time taken for travelling to/from the location, but also the opportunity costs due to the availability for only 1 or 2 orders a day, mostly during business days. If the interpreter also performs written translations, the price shall include the opportunity costs related to the number of pages they could translate starting from the moment they left for the client’s location until their return. Usually interpreters can accept only 2 orders a day, one in the morning and one after lunch, these being the time intervals mostly requested by clients. The impossibility to accept more than 2 orders a day is due to the fact that the interpreting may last more than one hour and travelling to/from the client’s premises may take two hours (round-trip), as the lunch hours (12:00-14:00) are generally being avoided by most clients, lawyers and notaries.

 

If the document the interpreter will apply their stamp on is bilingual, the written translation should be proofread by the interpreter 24 hours before and this service will be invoiced as a proofreading service. Usually, the price represents 50% of the price of a full translation.

5.14. Simultaneous interpreting (e.g. conferences, events, workshops, presentations). The price for the services of an experienced simultaneous interpreter includes not only the time effectively allocated to the interpreting event, but also the time they travel to/from an event, the thorough preparation before the event based on the client’s material and the opportunity costs entailed by the fact that they cannot participate to other events on the same day. The fee for one day depends on the language combination, the client’s field of activity and the event location. Simultaneous interpreting is performed only by interpreters with over 10 years of international experience. Such interpreters are exclusively specialized in simultaneous interpreting. The specific challenges of this profession have led to a reduced number of specialists.

  1. The Provider’s Obligations and Conformity of Translations

6.1. The Provider undertakes to deliver the translations within the mutually agreed deadline. The Parties accept that, due to non-imputable reasons, the standard deadline may be extended by up to 2 business days. In this case, but also if an additional deadline of 2 more days is required, the Provider shall inform the Beneficiary about this. The order shall be delivered by the Provider in MS Office format via email or as hard copy. The order shall be received and delivered by the Provider via email, at the Provider’s office, or by carrier.

6.2. The Provider undertakes to perform the services in the best possible quality conditions, with the diligence of a good professional and a high sense of responsibility. The Provider warrants conformity and quality by having its services ISO 9001 certified.

6.3. If proven that the translation contains errors, such errors shall be remedied by the Provider as soon as possible. In case of unintentional non-performance, delayed performance or inappropriate performance of the obligations provided herein, these shall be remedied as soon as possible. The complaint shall be taken into account only if it is reasonably justified with arguments and submitted by a sworn/certified translator, at the Beneficiary’s expense.

In case of an inappropriate translation containing errors (as explained above), the Provider shall owe to the Beneficiary 1% from the price of the delivered translation for each page containing errors. In case of a delayed service performance, the Beneficiary can request daily damages of 1% of the order price. The damages may not exceed the order amount.

The Provider is materially liable for the damages caused directly and willingly to the Beneficiary due to non-performance, delayed performance or inappropriate performance of the obligations hereunder, in the Terms or annexes hereto, with an amount that may not exceed the value of the order, according to the laws in force, and only if the fault is attributable to it, proven and admitted in court.

The Provider’s liability for the accuracy of the rendered services is applicable when it willingly changes the meaning of some words and only if this caused damages to the Beneficiary.

The Provider shall not be held liable for the translations, documents, original documents and any objects forgotten or uncollected by the Beneficiary after the reception deadline agreed by the parties. The reception shall be considered to take place on the day and time agreed by the parties.

6.4. The Provider must manage the materials capably and ensure their confidentiality throughout the Agreement signed with the Beneficiary. If, during the translation process, the Provider finds certain shortcomings (missing pages, erasures, omissions, inconsistencies, meaningless phrases etc.), which may determine a total or partial impossibility to render the services, it will promptly notify the Beneficiary and proceed to solving this situation. The Provider is entitled to reject the translation request if the document is illegible, handwritten or it contains erasures, corrections, strikethrough words, additions, meaningless sentences or any other flaws, on essential parts (missing signatures, seals, date etc.), if they are not acknowledged by the signature and seal of the body who drafted the document or, as applicable, by the Parties’ signatures. The Provider reserves the right to refuse an order, if by such translation the legal provisions, the professional and moral conduct rules would be violated or if the difficulty, level of specialization or quantity of the material exceeds the Provider’s capacity or competences or if the Beneficiary has an aggressive, vulgar conduct or if it uses inappropriate language.

6.5. The Claims Procedure. The Beneficiary must notify the Provider in writing on any mistake or discontent related to the translations or services within 1 business day from delivery. After this deadline, claims shall not be considered. The complaint shall be taken into account only if it is reasonably justified with arguments and made by an authorized person. The receipt of such a claim shall trigger an internal procedure for checking the correctness of the claim, the service provided, the conditions in which this service was provided, and possible faults. This procedure will be closed by drafting an answer to the Beneficiary. The Beneficiary undertakes to remedy the quality of the source text, on which it was notified by the Provider. If the Beneficiary has any complaints regarding the translation quality, and it turns out that they were caused by the low quality of the source text and/or mistakes in the source text, the Provider shall not consider such claim.

The Beneficiary may re-draft the source text and request a new proofreading or translation of the redrafted source text, paying for such services as for a new order. The Beneficiary shall accept that, between the moment it received the Provider’s notification and the moment when the text source quality was remedied, the deadline estimated for completion of the services notified related to the source text shall be suspended.

  1. The Beneficiary’s obligations.

7.1. The Beneficiary shall meet all its obligations mentioned herein and in any other document signed between the parties. The Beneficiary undertakes to make the materials for translation available to the Provider and to send the material to be translated via email, in hard copy (only in absence of the electronic format), by carrier service or in person, to the Provider’s office. All changes and additions to the source material should be sent to the Provider, indicating the manner in which such changes or additions relate to the source material previously sent. The Provider shall inform the Beneficiary if additional payment is necessary in this case. If the Provider and the Beneficiary agreed in writing on performing translations in a format other than the ones contained in the MS Office XP suite, the Beneficiary undertakes to provide the necessary software and instructions to the translator.

7.2. The Beneficiary undertakes to make all efforts so as to support the Provider in the translation process and to offer all necessary explanations (potential glossaries, terminology or style guides etc.). If the Beneficiary is used to and prefers specific terms or phrases, it should send the Provider a glossary of terms and phrases to be used in the translation, together with clear instructions regarding them. Otherwise, the Beneficiary’s complaint will not be considered if the translator or interpreter used synonyms instead of the terms preferred by the Beneficiary.

7.3. In order to ensure a constructive collaboration between the parties and that the Beneficiary is satisfied with the Provider’s services, there should be a permanent and efficient communication between the parties, and the Beneficiary should send, after each service is delivered, a feedback about the quality of translations and services, helping the Provider to better understand the Beneficiary’s needs and to offer better services, adapted to the Beneficiary’s needs and requirements. For this purpose, the Provider recommends a monthly or quarterly meeting between the representatives of the parties, in order to discuss the Beneficiary’s satisfaction level, its feedback and the solutions mutually agreed.

7.4. The Beneficiary’s obligations herein and in any agreement signed between the parties are also available for the following persons related to the Provider, including but not limited to representatives, employees, clients, beneficiaries, collaborators, partners, third parties related to the Beneficiary involved in the services performed by the provider or related to them, the Beneficiary having to inform them thereby.

  1. Confidentiality.

8.1. Without the other party’s written consent, neither the Provider nor the Beneficiary shall be entitled:

8.2. The Providers translators/ interpreters/ collaborators represent its resources, thus, for an indefinite period the Beneficiary has no right: a) to exchange contact data, or to contact in any way and by any means the Provider’s collaborators/translators, employees, suppliers and partners for mutual business or labor relationships without involving the Provider or without its consent,

  1. b) to request or access their data (name, contact data, rates and payment terms). In case of breaching this clause, the Beneficiary will pay damages up to the amount established by the Provider.
  2. Force majeure. Force majeure represents unpredictable facts, or in case they are predictable, insurmountable and unavoidable, which objectively and through no fault prevent the Provider or the Beneficiary from meeting a contractual obligation. Force majeure exempts of liability the party invoking it, provided that the former notifies the other party within 3 days from the occurrence of the force majeure event. The party invoking force majeure undertakes to inform the other party, within 3 days, on the termination of the force majeure event. If the force majeure event exceeds 3 months, each party is entitled to unilaterally terminate the Agreement. The following are also considered force majeure instances: unforeseeable situations, technical incidents, and/ or any other non-culpable situations occurred due to reasons beyond the Provider’s control (technical failures/issues etc.) or any other situations occurred through no fault and unforeseeable.
  3. Final provisions. In case of inconsistencies between the Romanian and the English version of the Terms and the agreement, the Romanian version shall prevail. The valid communications between the parties shall be carried out only in Romanian or English, only in writing, including via the correspondence and email addresses mentioned at art. 1 (in case of technical problems with the Provider’s email please use academiadetraduceri@gmail.com, phone +4 0748069069). The parties agree that all disputes resulting from or related to the validity of the legal relationship established by these Terms or resulting from the construal, performance or termination hereof, shall be first settled amicably, by conciliation procedure as per the legal provisions in force and, when this is not possible, by the Bucharest law courts. These Terms and all the non-contractual obligations resulting or related hereto shall be governed by and construed according to the applicable Romanian laws, in all respects.

 

 

Provider                                                                                            Beneficiary (company name, representative and capacity, signature and seal)                                                 

 

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