The General Contracting Terms and Conditions (hereinafter: GCTC) of EDIMART Language Solutions
EDIMART Language Solutions provides guaranteed and clear terms and conditions for its Principals.
By completing the online order form or by signing the paper-based order form or by signing the ad hoc order or framework agreement, the Principal acknowledges learning and accepting the General Contracting Terms and Conditions applied by EDIMART, thus the provisions thereof shall be applicable for the order even in the absence of a further written agreement.
We can provide ad hoc terms and conditions and discounts solely in case of concluding a framework agreement.
Sending an order to EDIMART Language Solutions (hereinafter: Translation Service Provider) is possible by completing the online order form at http://www.edimart.hu/en/services/translation/order/
http://www.edimart.hu/en/services/interpreting/order/. All orders received shall be confirmed by the Translation Service Provider in writing, thereby acknowledging it shall perform the ordered service in accordance with the specified terms and conditions. In the absence of a written confirmation by the Translation Service Provider, the order shall not be considered accepted.
Unless the Parties agree otherwise, the Translation Service Provider shall undertake the performance of orders with the following terms and conditions.
1. Definition of terms
Translation shall include any services, which result in the translation of a source language text recorded on electronic or paper-based data storage into a target language text recorded on electronic or paper-based data storage.
1.2. Machine Translation
Machine translation is an automatic translation procedure, during which the source language text is translated to the target language using IT tools and computer software.
Localization is a translation process in the course of which the professional translation and adaptation to local circumstances of software, homepages, applications and other, mainly complex online materials, take place. In addition to translators and proofreaders/revisers, we may also involve IT-specialists and graphic designers in the process during localization.
Proofreading/revision shall include services whereby the translations generated by the Translation Service Provider or another service provider are checked in line with the requirements of the language as it is used today. This includes the checking of the punctuation, spelling, grammar, language use, style and the terminology used in the translation in accordance with relevant professional terminologies used by the given profession. Proofreading/revision may be performed by checking target text against the source text, or by checking the source text alone.
1.4.1. Comprehensive Proofreading/Revision
Checking of the translation by checking the target text against the source text in accordance with the requirements of the language as it is used today. The proofreader/reviser shall check whether the translation is correct in terms of its punctuation, spelling, language use, grammar and style and whether it corresponds to the source language text in terms of its content. Furthermore, the proofreader/reviser shall also check whether the terminology used in the translation is correct. Comprehensive proofreading/revision is a more complex process than basic proofreading/revision and correction of the text.
1.4.2. Partial Proofreading/Revision
The proofreader/reviser checks the target language text based on the considerations listed above, checking the target language text against the source language text at random.
1.4.3. Target Language Proofreading/Revision
The proofreader/reviser studies the target language text and corrects any spelling, punctuation, grammar, language use or style errors.
1.5. Computer-Assisted Translation (CAT) Software
CAT software allows the Translation Service Provider to create a translation memory and terminology database for each of its Principals and/or topics, and to use the documents provided to it as reference material as translation memory for the purposes of translation. With the help of the CAT software, the Translation Service Provider can coordinate the work of several translators online in real time, thereby allowing it to coordinate the overall translation project through an online interface.
1.5.1. Translation Memory
The translation memory created with the help of the CAT software contains sentence pairs. During the translation/proofreading/revision, the software warns the user if there are any matches between the source language text and the translation memory in use, and as a result, the Translation Service Provider can ensure that the repeated texts are translated consistently.
1.5.2. Term Base
The term base created with the help of the CAT software works as an intelligent dictionary. The term base makes it possible to not only record word pairs, but to add information in connection with the use of the term in question — such as e.g. definition, context-related use, forbidden terms, etc. The software warns the user, if there are any matches between the source language text and the term base in use.
1.5.3. Synchronisation of texts
If the Principal makes available to the Translation Service Provider previous translations together with the appropriate source language documents, the Translation Service Provider can synchronise these with the help of the CAT software, and can later use them as a translation memory.
Repetition means that there is a statistical match between the sentences. Therefore, words appearing several times in the text, on their own, do not qualify as repetition.
1.5.5. Weighted word count
When determining the price of a translation project, we take the number of words of the text to be translated as basis, taking into account incidental sentence-level repetitions. As a first step, we prepare an analysis of the text to be translated, this shows exactly what the proportion of sentences indicating significant similarity in terms of the translation is in the whole of the text. Depending on the extent of the matches, we apply various weight numbers, then by means of this we establish the word count adjusted for the repetitions, which serves as the basis of pricing.
Interpreting includes all services where the text delivered orally in a source language is translated into the target language orally.
1.6.1. Consecutive Interpreting
An interpreting assignment is consecutive if a chunk of the target language text (which can be one or more sentences) is delivered after the source language text has been spoken and there is direct contact between the presenter of the source language text, the audience, and the person performing the interpreting.
1.6.2. Simultaneous Interpreting
An interpreting assignment is simultaneous, if the target language text is delivered practically at the same time as the source language text is spoken and there is no direct contact between the presenter of the source language text, the audience, and the person performing the interpreting.
1.6.3. Chuchotage Interpreting
Whispered simultaneous interpreting. The interpreter sits or stands between the participants and whispers what has been said at the same time as the other party is speaking into the ears of the participants. Chuchotage is only possible with a small number of participants (5-6 persons) who are close together.
1.6.4. Ad-hoc Interpreting
In case of ad-hoc interpreting, the assigned interpreter speaks the foreign language proficiently, without mistakes, but should not be expected to be able to perform consecutive interpreting tasks at important business meetings. Factory visits and trainings are usually what qualify as ad-hoc interpreting.
1.6.5. Remote Interpreting
Remote interpreting is consecutive or simultaneous interpreting organised by using a device suitable for establishing a conference call or video conference. The interpreter is not present at the venue of the interpreting event, but the appropriate technical background makes smooth language mediation possible.
1.6.6. Relay Interpreting
Interpreting performed between two languages using a relay language.
1.6.7. Sign Interpreting
Simultaneous interpreting performed into sign language. Sign language interpreters perform interpreting at meetings that are attended by deaf or hard of hearing persons; sign language interpreters interpret what has been said to sign language and interpret sign language content back to spoken language.
1.6.8. Stand-By Fee
The stand-by fee is a fee charged for the travelling expenses of the interpreter, which is determined by the Translation Service Provider based on the number of kilometres travelled and which is disclosed to the Principal prior to the assignment.
1.7. Source Language
The language of the text serving as the basis of translation or interpretation.
1.8. Target Language
The language into which the source language text is translated or interpreted.
1.9. Source Words
Series of characters between two spaces in the source language text.
1.10. Basic Proofreading/Revision
The Translation Service Provider specifies every work process in detail, including the steps of basic proofreading/revision. Basic proofreading/revision includes:
- checking whether numbers have been transcribed correctly from the source language to the target language
- correct use of the terminology assigned to the project
- checking for the use of forbidden terms
- completeness (checking for any text missing from the translation)
- correct use of text codes in case of special file formats
- external format
1.11. Translation Quality
1.11.1. Proofread/Revised Quality
The proofread/revised translation is correct in terms of its spelling, punctuation, grammar, language usage and style, and its content corresponds to the source language text. Naturally, even proofread/revised quality text can be modified further, but the purpose of those modifications is not to correct errors but to tailor the text to individual expectations.
1.11.2. Translation quality suitable for proofreading/revision
The quality of even non-proofread/revised translations must be high enough to merit internal use, or to submit them for proofreading/revision — therefore, the translation may not contain grave content and language usage mistakes, misinterpretations and omissions. Proofreaders/revisers do not have to make sentence-level modifications to the text, the translation can be perfected through word changes.
Non-proofread/revised translations undergo mandatory basic proofreading/revision as well.
1.11.3. Translation quality not suitable for proofreading/revision
A translation may be condemned if it can only be perfected through the correction of language and content-related mistakes at the sentence level. The quality of a translation is unacceptable if the agency has not used the terminology, reference materials provided by the Principal appropriately and has not abided by the contents of the translation guidelines.
1.12. Official Translation
A translation endorsed by the Translation Service Provider as attested by its corporate name officially signed on its behalf qualifies as official translation. Through the endorsement of the translation, our agency certifies that the translation is a true rendition of the source language text. In the majority of cases, the institutions requesting the translation accept official translations endorsed by a Translation Service Provider, however, we advise that you always inquire about this at the institution in question before you submit a translation.
1.13. Certified Translation
The translation is certified by a notary public, which may be prepared in Hungarian, two languages or only the foreign language in question. Translations may only be certified by notaries public licensed in the given language or, by the Országos Fordító és Fordításhitelesítő Iroda (Hungarian Office for Translation and Attestation). For our partners with a framework agreement, our agency undertakes to manage the administration of certifying translations through the OFFI.
1.14. DTP – Text Preparation
The Translation Service Provider undertakes the professional handling of documents of special file formats. The files are prepared by the contractual DTP-partners of the Translation Service Provider and they undertake post-editing as well.
The Translation Service Provider shall also undertake the preparation and translation of documents that are difficult to read (e.g. fax, hand-written and scanned materials), but it cannot undertake responsibility for the errors occurring in the course of conversion, however, it shall act with the highest level of prudence even when handling texts of this nature.
2. Nature, Purpose and Scope of the Service
2.1. The following are the core activities of the Translation Service Provider: translation, proofreading/revision, localization and interpreting.
2.2. The Principal must specify the purpose of the translation when ordering, these may be the following:
- internal use, information
- publication (publishing, advertising, etc.)
- legal use (e.g.: patent procedure)
- official translation
- certified translation
- other purposes that must be taken into account during the translation.
2.3. In case of interpreting, the Principal must always specify the type of service requested, which may be the following:
- consecutive interpreting
- simultaneous interpreting
- chuchotage interpreting
- ad-hoc interpreting
- sign language interpreting
- remote interpreting
The Translation Service Provider can only guarantee that it will be able to delegate the best interpreter for the job ordered by the Principal if the following information is specified, therefore the Principal should always disclose – in its own interest as well – such information:
- language pair and direction of translation
- exact place, venue of interpreting
- start and end time of interpreting
- planned scenario, agenda, specifying any breaks
- person/position of participants
- number of participants
- previous events (in case of business meetings for example, any preliminary correspondence, agreements, etc.)
- special working conditions (e.g.: in case of factory visits special occupational safety requirements, extreme noise, etc.)
the following information are also important in case of a conference:
- names and native languages of the speakers
- presentations, speeches prepared in advance
- the exact parameters of interpreting equipment required / available
2.4. If the Principal uses the translations for purposes other than the purpose specified in the order, any damages or consequences resulting therefrom shall be borne by the Principal.
2.5. The Translation Service Provider shall not be held liable for the translation of specific, unique terminology that has not entered the public domain yet, except, if the Principal has made such terminology available to the Translation Service Provider together with the order.
2.6. The Translation Service Provider shall share any professional questions arising in the course of the performance of the order with the Principal in all cases when it is reasonable to assume that the Principal can answer such questions – e.g. in cases when company-specific abbreviations need to be interpreted, if the meaning of terms needs to be clarified in the specific context of the activity of the Principal, etc. If the Translation Service Provider runs into difficulties interpreting any of the terms in the source text, the Translation Service Provider shall notify the Principal thereof in all such cases.
2.7. If the Principal does not disclose essential information about the interpreting ordered, the Translation Service Provider shall not be held liable for any damages or consequences arising therefrom.
2.8. The interpreter may not be engaged in assignments that diverge from the agreed assignment — e.g. translation in writing — at the interpreting venue, in these cases the Principal must notify the Translation Service Provider of such requests first.
2.9. In case of simultaneous interpreting, the equipment necessary for the interpreting must be provided, having special regard to the interpreters’ booth(s) and the headphones to be used by the audience. The interpreter cabins shall conform to the ISO 4043 standard. The Principal must ensure that the platform and the screens used by the presenters are in the line of sight of the interpreters. It is important to have an appropriately trained technician on site when using interpreting equipment, this shall be ensured by the Principal, unless the Translation Service Provider provides the equipment. Simultaneous interpreters switch at 20-30 minute intervals, during the breaks, the conditions of uninterrupted rest must be ensured for them.
2.10. The Principal must allow the Translation Service Provider, or the representative thereof to inspect the site of interpreting and the technical equipment provided by the Principal.
2.11. In case of conferences, a representative of the Translation Service Provider is usually also present at the venue of interpretation. It is the primary task of the representative of the Translation Service Provider to make sure that working conditions are adequate, the interpreters have arrived on time, their performance is professionally sound and to be available to the Principal to answer any professional questions that may arise, acting as a liaison between the Principal and the interpreters.
2.12. The Translation Service Provider undertakes to perform all services with the greatest due diligence, with particular attention to selecting the translators, proofreaders/revisers and interpreters involved. In accordance with the provisions of the ISO 9001:2008 standard, the Translation Service Provider continuously audits its work processes and ensures their trackability.
3. Providing a Price Quote, Service Fee
The price quote of the Translation Service Provider shall only be valid in writing (email, letter or fax) and only within 3 months of the date of the price quote, provided that the price quote does not contain a “valid until” date.
The Translation Service Provider does not typically charge an express surcharge, however, it shall reserve the right to apply a surcharge, if the service ordered with a next day deadline presumes work to be performed at night or on a holiday. The Translation Service Provider shall inform the Principal about the amount of the surcharge in the price quote, i.e., before an agreement is concluded.
3.1. The price quote shall contain the following:
- Type of service (translation, proofreading/revision etc.)
- Source language(s) and target language(s)
- Agreed fee
3.2. For translations, a price quote may only be provided if the source language text has been made available.
3.3. In case of translations, the fee is calculated on the basis of source language words, taking any repetitions into account, as appropriate. At the specific request of the Principal, other units may be used for settlement purposes.
3.4. In case of comprehensive proofreading/revision, the length of the source language document shall serve as basis of the fee calculation. The proofreading/revision fee shall be calculated in the following manner as compared to the translation fee related to the given language pair: in case of comprehensive proofreading/revision: 40%; if the translation was not prepared by the Translation Service Provider, the fee of comprehensive proofreading/revision: 50%; in case of partial proofreading/revision: 30%; and in case of target language proofreading/revision: 20%.
3.5. In case of target language proofreading/revision, if the translation was prepared by the Translation Service Provider, the basis of fee calculation shall still be the length of the source language text.
3.6. In case of target language proofreading/revision, if the translation was not prepared by the Translation Service Provider, the basis of fee calculation shall be the length of the target language text made available.
3.7. After consulting with the Principal, the Translation Service Provider shall have the right to charge the Principal for the translation of any texts that have been translated by others, provided that they are not suitable for proofreading/revision.
3.8. Upon the request of the Principal, the Translation Service Provider can issue a proofreader’s/reviser’s opinion on a translation made by others, in this case the fee shall be calculated on the basis of the number of hours spent with the task. In its price quote, the Translation Service Provider shall specify the expected fee of the work with ±20% accuracy.
3.9. In case of creative texts (e.g.: slogans, advertisements), the Translation Service Provider shall only be responsible for the content-related correspondence between the source language text and the translation, but is shall not be held liable for any requirements related to creative writing. Upon the request of the Principal, we undertake to translate and adapt creative texts as well, based on an ad hoc offer.
3.10. In case of translation and proofreading/revision, the minimum agreed fee of the Translation Service Provider shall be HUF 4,500 + VAT.
3.11. The price quote shall contain the following:
- Type of interpreting
- Language pair
- Agreed price
3.12. In case of interpreting orders, the fee shall be calculated using hourly, half-day or full day units of settlement. The duration of interpreting shall include the entire standby time during which the interpreter must be at the site of the interpreting. The Translation Service Provider undertakes to ensure that the interpreter shall arrive at the agreed time, or 15 minutes prior to the start of the event at the latest. The duration of the interpreting shall not be influenced by the breaks, lunch break, etc. scheduled during the event. These types of downtimes are also included in the standby-time.
If the Translation Service Provider and the Principal agree to settle the interpreting fee using an hourly rate, the minimum fee chargeable shall be 2 hours, while the settlement of any additional working hours shall be based on hours started.
A half-day order shall cover a standby time of no more than 4 hours per day. The half-day rate is calculated as 60% of the current full day rate. In the event that the interpreting session exceeds 4 hours by more than 30 minutes, the Translation Service Provider shall be entitled to apply the full day rate.
A full day order covers a standby time of no more than 8 hours per day, the interpreter may only be required to work for an additional 2 hours of overtime. The overtime rate equals the rate calculated in proportion to the full day rate plus 25%.
3.13. The Translation Service Provider shall not charge a standby fee or travelling expenses if the place of the interpreting event is Budapest or the urban agglomeration of Budapest.
3.14. In case of interpreting events in the countryside – outside the urban agglomeration of Budapest –, the Translation Service Provider shall charge the Principal standby fee for the time of the interpreter spent by travelling, while travelling expenses to be borne by the Principal shall be calculated on the basis of current fuel prices and motorway tolls. In case of interpreting events outside the urban agglomeration of Budapest, the minimum settlement unit of interpreting assignments shall be half a day.
3.15. In the event that the place of the interpreting is located outside the urban agglomeration of Budapest and the interpreting event starts before 9:00 a.m., the interpreter shall be provided with accommodation for the night before the event, if the expected time of arriving there exceeds 1.5 hours. Ideally, the accommodation should be an at least 3-star hotel — or a bed and breakfast providing equivalent quality amenities and services — located close to the site of the interpreting. The Principal shall inform the Translation Service Provider about the accommodation of the interpreter in advance, as this also forms a part of the agreement between the Translation Service Provider and the Principal.
3.16. In case of ordering remote interpreting service, the Translation Service Provider undertakes an obligation for the quality and level of the service solely if the Principal provides the following minimum technical conditions:
- continuous ADSL internet connection, ADSL internet connection suitable of data transfer of at least 521 kbps
- high-quality laptop or tablet PC with a web camera
- silent, noise-free environment with adequate lighting
3.17. In case of full day interpreting orders, the Principal shall ensure meals for the interpreter, and the costs thereof shall be borne by the Principal.
3.18. Interpreting assignments to be performed abroad are subject to a special agreement between the Translation Service Provider and the Principal.
4. Performance of the Engagement
4.1. In case of translations, the performance deadline can only be kept if all the documents necessary for the translation are received by the Translation Service Provider in accordance with the order. Failure to fulfill this requirement shall extend the performance deadline by the time the Principal is late with presenting the necessary documents.
4.2. In case of translation and proofreading/revision, the Principal may specify how and in what format it wants to receive the translation (e.g.: via email, fax, delivery by post or courier service), and the Translation Service Provider shall proceed in accordance with the Principal’s wishes. In case of postal delivery, the Translation Service Provider shall post the translation as registered mail, however, the risks and costs of this type of delivery shall be borne by the Principal.
4.3. In case of delivery via electronic mail, the Translation Service Provider shall do everything in its power to ensure that the email is delivered to the Principal by the specified deadline with the attached translation undamaged and intact, but it shall only assume liability for the sending of the email containing the translation ensuring that the email is undamaged and intact.
4.4. If the Principal only specifies a given day as the deadline for the performance of the order and does not further specify a time (hour and minutes) on that day, any services to be performed in writing shall be assumed to have been ordered with a deadline of 12:00 at night on the day specified.
4.5. In case of interpreting, the order is assumed to be performed if the interpreter showed up at the given venue at the specified time, prepared for the assignment in accordance with the guidelines forwarded by the Principal to the Translation Service Provider, and was available to the Principal until the time specified in the order. Any quality-related complaints shall only be valid if communicated to the Translation Service Provider within 48 hours of the closing time of the interpreting event. Quality complaints shall be lodged by the Principal in writing with the Translation Service Provider.
4.6. In case of interpreting assignments, the Principal shall inform the Translation Service Provider of any changes that might have an effect on the performance of the order without delay — such as unexpected overtime, changes in venue, changes in the agreed conditions, and interpreting tasks to be performed, etc. Interpreters may only be required to perform tasks that are different from the preliminary agreement with the consent of the Translation Service Provider.
5. Cancelling of Orders
5.1. The Principal may cancel its orders for services to be performed in writing – translation, proofreading/revision – without consequences, provided at the time of the communication of such lapse of interest to the Translation Service Provider the performance of the service has not commenced in any way.
If the performance of the written service has already started, the Principal shall pay 50% of the contractual fee to the Translation Service Provider, even if it does not lay claim to receiving the partial work. If the partial work was handed over to the Principal to an extent exceeding half of the original order, the Principal shall pay the contractual fee proportional with this. An exception from this is if the Principal ordered the minimum quantity that can be ordered (see 3.10), in which case it shall pay the minimum agreed fee, i.e. HUF 4,500 + VAT to the Translation Service Provider.
5.2. a) In case of an interpreting assignment not exceeding 5 business days, the Principal may cancel the order without financial consequences over 2 business days from the starting date of interpreting. In case of cancellation within 2 business days, the Principal shall pay 100% of the service fee related to the first day and 25% of the service fee of the subsequent days.
b) In case of an interpreting assignment exceeding 5 business days, the Principal may cancel the order without financial consequences over 10 business days from the starting date of interpreting. In case of cancellation within 10 business days, the Principal shall pay 100% of the service fee related to the first 2 days and 50% of the service fee for another 3 days. The Principal shall not pay any cancellation fees for the other days.
5.3. The Translation Service Provider shall be entitled to cancel the interpreting order without any financial consequences, provided the Principal does not make the information and preparatory materials essential for providing professional interpreting service available to the Translation Service Provider until 3 business days prior to the interpreting event. The following are construed as essential information:
- language pair
- exact place, venue of interpreting
- start and end time of interpreting
- planned scenario
In case of conferences:
- exact programme, schedule
- presentations, speeches prepared in advance
6. Quality Complaints and Warranty
6.1. The Translation Service Provider must prepare high quality translations in a way as to ensure that it is suitable for the purpose indicated by the Principal, and complies with the written and generally accepted rules of the profession. The Translation Service Provider may not be held liable for the use of special terms and terminologies featured in the document that have not entered the public domain (see Section 2.5).
6.2. The incorrect translation of special terms – in particular special terms used in the given sector or within the company of the Principal – shall not be regarded as a translation deficiency, except, if the Principal provided a consultation opportunity for the Translation Service Provider, and the Translation Service Provider failed to take advantage of this opportunity.
6.3. The Principal understands that the requirements set against proofread/revised and non-proofread/revised translations are different and as such, quality complaints shall only be regarded as justified if the quality of the translation is below the quality level that can be reasonably expected from the service ordered.
6.4. If the Principal orders an express translation, but does not order proofreading/revision, that necessarily precludes the Translation Service Provider’s ability to subject the translation to its usual high-quality checking procedure. In this case, the Translation Service Provider shall not be held liable for any eventual inconsistencies in the translation, albeit it shall handle the translation with the same level of care and attention as it would any other translation jobs.
6.5. The Principal shall have the right to lodge a complaint about the quality of any written services immediately after the performance of the service, but no later than payment deadline specified on the invoice issued for the service performed. The entitled party shall be held liable for any damage arising from late disclosure.
6.6. In case of interpreting orders, any quality-related complaints shall only be valid if communicated to the Translation Service Provider within 48 hours of the closing time of the interpreting event. In case of complaints about interpreting services performed, the Principal shall support its complaint with three congruent, objective written opinions – with the name of the person providing the opinion – about the deficiencies of the service provided. If there were fewer than three persons present at the interpreting event, the complaint shall only be considered valid if every attending person has provided his/her opinion in writing. In the absence of this, the Principal shall pay the full amount featured on the invoice of the Translation Service Provider.
6.7. In case of written services, the Principal shall allow the Translation Service Provider ample time and opportunity to correct any deficiencies. The Translation Service Provider shall be exempted from its obligation to correct the deficiencies if the Principal has failed to allow the Translation Service Provider the time and opportunity as specified above, or if it has asked a third party to correct the deficiencies instead.
6.8. If the Translation Service Provider has corrected the deficiencies in the time available to it, the Principal shall pay the full amount featured on the invoice of the Translation Service Provider.
6.9. If the Translation Service Provider does not correct the deficiencies until the specified deadline, the Principal may cancel the agreement or request a reduction of the fee. The Principal shall not be entitled to cancel the agreement if the deficiency is insignificant. A deficiency is insignificant if there are no translation omissions in the text that render the interpretation of the text impossible.
6.10. The Translation Service Provider shall not be held liable for any translation errors that arise from any ambiguities, mistakes, omissions in the text submitted for translation, at the same time, it shall inform the Principal of any mistakes/deficiencies uncovered in the source text as soon as possible, but no later than at the time of the delivery of the translation.
6.11. The Principal shall have the right to exercise its warranty rights related to the services of the Translation Service Provider provided in writing within a statute of limitations of three months from the date of the performance of the service. Quality complaints and claims under the warranty period should be submitted to the Translation Service Provider in writing together with the appropriate supporting documentation.
6.12. Warranty claims for handwritten or hardly legible texts may not be submitted.
6.13. In case of interpreting assignments, no warranty claims may be submitted for the interpreting of texts delivered in a language differing from the language pair agreed, above the normal pace of speech, or relayed under poor technical conditions (significantly limiting the appropriate use of the interpreting equipment), or for the interpreting of texts that are unintelligible even in the source language.
7. Data Management, Confidentiality Obligation
7.1. The original handwritten, printed documents or documents recorded on a data storage device made available to the Translation Service Provider must be returned to the Principal at the time of the delivery of the translation, in case of delivery by post, together with the translation, while in case of any other type of delivery, the Principal must make arrangements to take over the documents if the Principal does not provide other instructions on the matter.
7.2. The Translation Service Provider and the Principal undertake to treat any business or official secrets, data or other information learned by them during the performance of the order — in connection with each other’s activity and interests — as confidential, and not to disclose, make these data or information available to third parties either during the performance of the order or thereafter, or use them for their own purposes. The confidentiality obligation shall be applicable to the internal translators of the Translation Service Provider as well as the subcontractors involved in the performance.
8. Contractual Penalties, Indemnification
8.1. In the event of its late and/or deficient performance, contractual penalties shall apply to the Translation Service Provider.
8.2. Late Performance
a) Failure to keep the deadline specified in the ad-hoc order for services to be performed in writing constitutes late performance by the Translation Service Provider. In the event of the late performance by the Translation Service Provider, a contractual penalty shall be applicable at the rate of 5% of the service fee per every calendar day missed.
b) In case of interpreting orders, it shall constitute late performance by the Translation Service Provider, if the interpreter arrives at the place of the interpreting event more than 10 minutes but no more than 30 minutes late compared to the time specified on the order. In such a case, the rate of the contractual penalty applicable shall be 5% of the service fee charged for the given interpreting job.
The Translation Service Provider may only submit its due invoice after having deducted the amount of contractual penalties applicable.
a) In case of services to be performed in writing, it shall constitute non-performance by the Translation Service Provider if it fails to perform the ordered service by another, new deadline specified by the Principal.
b) In case of interpreting orders, it shall constitute non-performance by the Translation Service Provider if the interpreter arrives at the place of the interpreting event more than 30 minutes late compared to the time specified in the order, or does not show up at all.
In case of non-performance, the rate of the applicable contractual penalty shall be 10% of the relevant service fee. Application of the contractual penalty for non-performance precludes the application of additional contractual penalties specified for performance or late performance.
8.4. The maximum rate of the applicable contractual penalty is 10% of the service fee after which the Principal has the right to unilaterally cancel the agreement without any indemnification obligations outstanding on its part.
8.5. Any party that can prove that the breach of contract was caused by force majeure shall be exempted from the sanctions specified for the cases of breach of contract, provided that it had informed the other party of said force majeure. The Parties shall be exempted from the obligation to inform the other party, if the force majeure event is general knowledge.
9.1. The Translation Service Provider shall be liable for any damages suffered by the Principal caused by it in accordance with the general rules of civil law. The Translation Service Provider shall not be obliged to pay for the part of the damage that was caused as a result of the conduct of the Principal.
10.1. The Translation Service Provider shall issue an invoice payable by bank transfer for the service performed, the payment deadline of which – unless agreed otherwise – shall be 14 calendar days from the date of issue of the invoice. The Translation Service Provider shall send the invoice to the Principal via post or as e-invoice. Upon the request of the Principal, the Translation Service Provider may issue a cash invoice to be paid in cash. If case of payment by bank transfer or a deposit made at bank branch office, the number of the relevant account must be indicated in the remarks field.
10.2. In the event that the Principal is late in its performance of the payment obligation, the Translation Service Provider shall reserve the right to suspend the performance of any other translation or interpreting orders not yet delivered until proof of financial performance is available. The Principal acknowledges that in the case of services to be performed in writing, the performance deadline may be extended by the duration of late payment.
10.3. In the event of late payment by the Principal, the Translation Service Provider shall be entitled to issue an invoice on the applicable current rate of default interest, which the Principal shall pay by the specified payment deadline. The rate of default interest shall be twice the current central bank base rate.
11. Intellectual Property Rights
11.1. The service offered by the Translation Service Provider shall qualify as intellectual property. The Translation Service Provider shall maintain its rights to the use of its intellectual property until the invoice has been paid in full. The authorisation to use the intellectual property shall only be considered granted once the invoice has been paid in full.
12. Settlement of Disputes, Jurisdiction
12.1. The Contracting Parties shall do everything in their power to settle any disputes regarding the Translation Service Provider’s services amicably. If this is not possible, the Parties shall request the Hungarian Association of Professional Language Service Providers (Proford) to appoint a 3-person impartial expert committee to settle the dispute. Related costs shall be borne by the Party whose position the committee condemns. The Parties shall accept the committee’s decision as binding.
12.2. Other non-professional legal disputes arising from the contractual relationship shall be delegated to the competence of the territorially competent court at the seat of the Translation Service Provider.
13. Miscellaneous Provisions
13.1. The Principal shall be in a contractual relationship with the Translation Service Provider, consequently the Translation Service Provider shall be liable for the contractual performance of the service ordered. The Translation Service Provider shall keep the personal information of the translators involved in the performance confidential, the Principal shall not come into direct contact with the translators. If, for any reason, the Translation Service Provider discloses the name or contact information of the translator to the Principal, the Principal understands that it may only establish a direct employment relationship with the translator for the performance of language services, or any other legal relationship established for the performance of such work, with the prior written consent of the Translation Service Provider within a period of two years following the delivery of the order. This limitation shall also apply to any interpreters mediated by the Translation Service Provider, with the additional limitation that the Principal may not ask for the direct contact information of the interpreters from the interpreters themselves, only from the Translation Service Provider.
In the event that the given translator or interpreter had already established a direct employment relationship with the Principal prior to the conclusion of the agreement between the Translation Service Provider and the Principal, the above limitations shall not apply to said translator or interpreter.