General Terms and Conditions of Procurement (hereinafter “GTCP”) of EDIMART Language Solutions

These general terms and conditions of procurement (hereinafter “GTCP”) regulate the method of acceptance and performance of ad hoc orders established by and between EDIMART Language Solutions (hereinafter “Translation Service Provider”) and the individual language service provider (hereinafter “Language Service Provider”, or “Translator”, “Proofreader/Reviser” or “Interpreter”) (hereinafter jointly referred to as the “Parties”), and the rights and obligations of the Translation Service Provider and the Language Service Provider. Unless the Parties agree otherwise, the following terms and conditions shall prevail.

1. Type of Service

The Translation Service Provider may request the Language Service Provider to perform written or verbal service.

In case of ordering any language service, the Translation Service Provider discloses information of importance with respect to the performance to the Language Service Provider, in writing, in a project launch email. The project launch email shall include at least the following information:

  • source language and target language
  • type of order (translation, proofreading/revision, interpreting, etc.) 
  • deadline
  • agreed price 

In case of interpreting service, the following shall be disclosed as well:

  • method of interpreting
  • venue of interpreting
  • duration of the interpreting event

Moreover, the project launch email can mention CAT usage different from the usual, the purpose of utilisation, and it may include a style guide as well, which the Language Service Provider shall comply with step by step.

The Language Service Provider undertakes to perform the work according to the terms and conditions set out by the Translation Service Provider and he/she shall also confirm this in writing.

1.1. Written Service

The order of the Translation Service Provider may refer to the following written services:

  • Translation
  • Proofreading/Revision
  •     Comprehensive proofreading/revision
  •     Partial proofreading/revision
  •     Target language proofreading/revision
  • Transcription
  • Post-editing of machine translation
  • Text editing
  • DTP
  • Other

After the preparation – text conversion, segmentation, etc. –, the Translation Service Provider hands over the text to be translated or proofread/revised to the Language Service Provider in a memoQ-compatible file format. In justified cases, files compatible with other CAT software may also be handed over to the Language Service Provider. If necessary, the Translation Service Provider also makes the original document available to the Language Service Provider, with the provision that it may be used only for inspection.

The Proofreader/Reviser has to perform proofreading/revision in memoQ, with special attention to the special checking features made possible by the quality assurance module, such as inconsistency filtering, terminology differences, consistent usage of the style guide, and spellchecking. The Proofreader/Reviser pays special attention to language use and potential content-related mistakes and omissions. Depending on the purpose and length of the proofreading/revision, the following types of proofreading/revision are distinguished:

Comprehensive proofreading/revision: Checking the entire translation by comparing the source text and the target text.

Partial proofreading/revision: Random checking of the translation by comparing the source text and the target text. The aspects of selecting the texts to be proofread/revised and the quantity of text to be proofread/revised are determined by the Translation Service Provider.

Target language proofreading/revision: Proofreading/revision of the target language text on its own. If the source text is also available, the Translation Service Provider hands it over to the Proofreader/Reviser, who may use it at his/her own discretion during checking.

The Translation Service Provider may request the Proofreader/Reviser to prepare an expert opinion. The expert opinion of the Proofreader/Reviser is prepared on the basis of the evaluation system of LISA. Within the framework thereof, the Proofreader/Reviser prepares textual evaluation and evaluation specified with scores about the translation checked by him/her. The textual evaluation is always objective, mentioning the strengths and weaknesses of the translation, and articulating the Proofreader’s/Reviser’s general recommendations, supporting his/her opinion with specific examples. In every case, the Translation Service Provider discloses to the Language Service Provider the purpose of utilisation of the expert opinion, e.g. evaluation of translation by the customer, evaluation of own translation, qualification of a new translator, etc.

In case of transcription, the order may refer to the transcribing of a written material of format that may not be overwritten or the transcription of audio material.

Post-editing of machine translation means the proofreading/revision of pre-translation prepared using a special translation engine.

In the course of text editing or DTP service, the Translation Service Provider orders the Language Service Provider to convert the file formats that cannot be overwritten or are suitable for desktop publishing to the format specified.

Other written service means e.g. synchronisation of texts with CAT software, building term bases independent from the translation project, checking the contents of websites translated by the Translation Service Provider on the final interface before the website goes live, testing tasks that require language competence in case of software localisation, etc.

1.2. Verbal Service

  • Interpreting
  • Ad-hoc interpreting
  • Consecutive interpreting
  • Simultaneous interpreting
  • Chuchotage interpreting (whispering interpreting)
  • Remote interpreting (phone or video remote interpreting)
  • Sign language interpreting
  • Tour Guiding

In case of an interpreting order, the Translation Service Provider sends a project launch email, see Section 1. The Translation Service Provider attempts to provide the Interpreter with any and all important information, beyond the obligatory information, that will assist the Interpreter in performing the task at a high level.

In case of simultaneous interpreting, the Translation Service Provider will in every case provide the Interpreter with preparation material of appropriate quantity and quality as well, in due time.

In each case, the Translation Service Provider calls the attention of its client to the fact that downtimes have to be ensured for the Interpreter at specified intervals and that in case of full day interpreting, meals must also ensured for the Interpreter, the costs of these are covered or reimbursed by the Translation Service Provider to the Interpreter.

In case of simultaneous interpreting, the Translation Service Provider makes sure that the necessary interpreting equipment, complying with the relevant standards, are available at the venue of interpreting, and that the platform and the screens are appropriately in the line of sight of the booths. If the use of an intermediary language is necessary during interpreting, the Translation Service Provider informs the Interpreters of this in due time.

In case of a conference of more than two booths, an interpreting project manager of the Translation Service Provider is generally present at the venue as primary contact person. The contact person of the Translation Service Provider is at the Interpreters’ disposal if any problems or questions arise, he/she consults with the principal of the Translation Service Provider, if necessary. In each case, the Translation Service Provider mediates two interpreters for simultaneous interpreting works, an exception from this may be only the requests of duration not exceeding 1 hour.

In case of chuchotage interpreting, the Interpreter interprets what has been said, for 5-6 people at the most, abridged, whispering into the ears of the participants. In case of a request related to chuchotage interpreting, the Interpreter usually works without a relief, except if the principal of the Translation Service Provider requests continuous interpreting, in this case two simultaneous interpreters perform the chuchotage interpreting, taking turns.

2. Service Fee

Translation

The Translation Service Provider shall determine the fee of translation based on the number of words in the source language, taking into account potential sentence-level repetitions and TM-matches. The exceptions to this are source languages where the number of words cannot be determined – e.g. Japanese, Chinese, Korean –, where the basis of settlement is not the number of words, or not the number of words of the source language text. The ad hoc order shall include the unit of settlement – in case of word-based settlement, the so-called weighted word count, appropriately adjusted with the proportion of repetitions –, the unit price, and the net total amount of the work. The number of words is determined on the basis of the statistics of the memoQ CAT software.

Proofreading/Revision

The fee of proofreading/revision shall be equal to 50% of the translation fee related to the given language pair and direction. Proofreading/revision shall be settled in a way identical with translation, by using the appropriate unit price.

If the order does not pertain to the proofreading/revision of a text pair – e.g. target language proofreading/revision –, the basis of settlement shall be the weighted word count of the text to be proofread/revised.

The Translation Service Provider may request the Proofreader/Reviser to prepare a written expert opinion on the basis of the proofread/revised translation, in this case the Translation Service Provider shall generally take the hourly rate as a basis for determining the total amount of the work.

Other written service

In case of other written services, the service fee shall be subject to a special separate agreement.

Interpreting

In case of interpreting, the settlement may take place using hourly, half-day or full day units. The duration of interpreting shall include the entire standby time during which the Interpreter must be at the site of the interpreting. The Interpreter undertakes to arrive at the venue at least 15 minutes before the official start time of interpreting, and at least 30 minutes before that in case of simultaneous interpreting. Moreover, the Interpreter undertakes that in case of remote interpreting, he/she shall be at the Translation Service Provider’s disposal at least 15 minutes before the official start time of interpreting. 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.

In case of agreement in hourly rate, the base fee of the service shall be 2 hours, while the settlement of any additional working hours shall be based on the hours started.

Half-day shall mean duration of 4 hours at the most. The half-day rate shall be calculated as 60% of the current full day rate. If the standby time exceeds 4 hours by more than 30 minutes, the Translation Service Provider shall pay the full day rate to the Interpreter.

A full day shall mean a standby time of 8 hours at the most. If the standby time exceeds 8 hours by more than 30 minutes, the Translation Service Provider shall pay to the Interpreter overtime rate by hours started, the overtime rate shall be 125% of one-eighth of the current full day rate. The Interpreter may be obliged to work 2 hours of overtime at the most.

Other than the interpreting fee, the Translation Service Provider shall not pay standby fee or travelling expenses in the area of Budapest or the urban agglomeration of Budapest*.

In case of interpreting events outside the urban agglomeration of Budapest, the Translation Service Provider shall determine standby fee for the time of the Interpreter spent travelling, while it shall determine travelling expenses to be paid on the basis of current fuel prices and motorway tolls. If the venue of interpreting is outside the urban agglomeration of Budapest, and the interpreting event starts before 9:00 a.m., the Translation Service Provider may ensure appropriate accommodation for the Interpreter for the night before the interpreting event, if the Interpreter requests this. 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.

* Interpreting assignments to be performed abroad shall be subject to a special agreement.

3. Acceptance of Ad Hoc Order

The Translation Service Provider shall in each case record ad hoc orders in a project launch email. The ad hoc order shall include all the information and documents that are necessary for performing the given task and that are construed as important in terms of the appropriate performance of the order. By accepting the order, the Language Service Provider undertakes that he/she shall be capable of carrying out the given order, thus he/she has the appropriate knowledge, professional experience and technical background. The order may be considered as accepted when the Language Service Provider confirms in an email, in possession of the aforementioned information and documents, that he/she shall undertake the request.

4. Urgency

In case of written service, the order shall be construed as urgent if the Language Service Provider has to perform the order on the day of accepting the order or within 24 hours after the acceptance at the most.

In case of verbal service, the order shall be construed as urgent if the Interpreter has to be available on the day of confirmation of the order or within 24 hours after the acceptance at the most.

5. Expected Care and Quality

The Translation Service Provider expects that, in the course of performing the service, the Language Service Provider shall proceed with the expected care. This also includes that the Language Service Provider has to consider, before accepting the order, whether he/she can undertake the given task responsibly, and whether he/she has the qualification, professional experience and, in the given case, technical background, necessary for appropriate performance.

In addition to the above, the Translation Service Provider shall determine the following minimum requirements:

In case of written service

1) collection of and sending to the Translation Service Provider unknown or not clearly identifiable abbreviations, acronyms and terminology appearing in the source language text, prior to delivery of the text if possible
2) indication of important remarks related to the source or target language text (in the text itself or in an accompanying letter)
3) independent research on the internet, if justified by the text
4) using keyboard appropriate for the target language
5) running spell-check on the completed target language text
6) running the QA of memoQ and checking the error list in detail after completing the translation
7) participation in building term bases
8) communication with the other members of the translation team and the project manager in case of group translation

In case of verbal service

1) preparation using the reference materials provided by the Translation Service Provider
2) independent preparation (research on the internet in connection with the given subject, company, organisation)
3) consultation about terminology with the other interpreters in case of events with several interpreters
4) arrival on time
5) clothing suitable for the occasion, and taking into account the specified dress-code, if applicable

In case of an urgent order, the Language Service Provider shall be obliged to carry out the order to the best of his/her knowledge, however, taking into account the fact that the ideal working conditions are not necessarily given in such a case, the Translation Service Provider shall determine the expected care and quality according to the circumstances.

6. Inadequate Quality

3.1. Written Service of Inadequate Quality

The translation containing clear errors shall be construed as service of inadequate quality. The Translation Service Provider shall be entitled to return the translation for error correction to the Language Service Provider, who shall be obliged to perform the necessary corrections by the additional deadline stipulated by the Translation Service Provider. If the Language Service Provider is unable to carry this out, the Translation Service Provider shall maintain the right to acknowledge performance only in part.

Depending on the quantity and type of the errors, the Translation Service Provider may decide to request the correction from another expert. In case of unacceptable translation of particularly poor quality, the Translation Service Provider shall send the expert opinion prepared regarding the translation to the Language Service Provider involved, who has a possibility to respond to the quality complaint. If the Language Service Provider cannot provide a professionally sound explanation regarding sections objected to, the Translation Service Provider shall pay, at the most, 50% of the service fee to the Language Service Provider.

The following shall be construed as clear errors:

1) Spelling error or misspelling that are recognised by the spell check function of Word or Hunspell.
2) Inconsistency – translation of identical segments differently, stemming from oversight.
3) Inconsistent usage – inconsistent translation of key terms.
4) Error stemming from inappropriate transcription of numbers.
5) Disregarding mandatory terminology, using forbidden terms.
6) Omission.
7) Grammatical error.
8) Serious misinterpretation that renders the interpretation of the text impossible.
9) Translation that cannot be interpreted.
10) Errors stemming from disregarding the reference materials and/or style guide handed over.

The following shall be construed as less severe errors, subject to subjective judgement:

1) Spelling error or misspelling that is not recognised by the spell check of Word or Hunspell, e.g. if an existing word is created through the typo that , however, does not fit in the context.
2) Less severe style error – in individual cases, the appropriate style is a question of subjective judgement.
3) Inconsistencies stemming from lack of adequate research, lack of background work by the translator – if the conditions necessary for ideal work performance are not given, e.g. the deadline is especially short compared with the length/difficulty of the translation.
4) Certain language usage/grammatical errors, if the translator did not translate to his/her native language.

Warranty in case of written service

The incorrect translation of special terms – in particular special terms used in the given sector or within the company of the client of the Translation Service Provider – may not be regarded as a translation deficiency, except, if the Translation Service Provider provided a consultation opportunity for the Language Service Provider, and the Language Service Provider failed to take advantage of this opportunity.

3.2. Verbal Service of Inadequate Quality

It shall be construed as clear non-compliance if the Interpreter:

1) fails to appear at the venue of interpreting (except for force majeure)
2) appears at the venue of interpreting with a delay of more than 10 minutes compared to the time specified (except for force majeure)
3) provides interpreting of poor quality (serious language inaccuracy, lack of knowledge of technical terms, lack of preparation, interpreting technical deficiencies)
4) fails to comply with the business protocol required by the Translation Service Provider (dress-code)
5) contacts the principal of the Translation Service Provider without the written consent of the Translation Service Provider.

It shall be construed as quality error subject to subjective judgement if the Interpreter:

1) appears at the venue of interpreting with a delay of at the most 10 minutes compared to the time of arrival specified
2) provides interpreting of medium quality (slight language inaccuracies, lack of knowledge of some technical terms); the Interpreter expressed an opinion regarding any detail of the work exceeding his/her competence and/or in an unacceptable manner, in the presence of the participants

The Translation Service Provider shall indicate the quality complaint to the Interpreter at the latest until the due date of the invoice submitted about the interpreting. The Translation Service Provider shall examine all quality complaints thoroughly, and in the course of this shall request feedback from other participants of the interpreting event; if there were several interpreters present on behalf of the Translation Service Provider, it shall also rely on their position; and, finally, it shall provide an opportunity for the Interpreter to respond to the criticism of his/her work. The Translation Service Provider shall establish, on the basis of these information, whether it accepts performance in part or in full.

Warranty in case of verbal service

In case of interpreting, no warranty may be enforced for the interpreting of texts well above the normal pace of speech, delivered significantly differing from standard language norms (e.g. dialects), or relayed under poor technical conditions (inadequate sound, interpreting equipment of inappropriate quality), or for the interpretation of texts that are unintelligible even in the source language.

7. Computer-Assisted Translation (CAT) Software

The Translation Service Provider manages all written projects by using the memoQ computer-assisted translation (CAT) software. For the duration of the performance of the given order, the Translation Service Provider shall provide the Language Service Provider without his/her own memoQ licence and who provides the service with ad hoc nature, a free mobile licence. The Translation Service Provider shall assist the Language Service Provider with written educational materials as well as tailor-made, small-group training, if requested, in order to become acquainted with the use of the software.

In case of certain orders, it may occur that the Translation Service Provider expects the use of another CAT tool from the Language Service Provider, in such cases, the Translation Service Provider shall endeavour to make the appropriate software background available to the Language Service Provider.

The Language Service Provider shall be obliged to use the resources made available to him/her by the Translation Service Provider, with special regard to translation memories and term bases, including also non-default project settings.

If the Language Service Provider works in an online project on the memoQ server of the Translation Service Provider, at the expressed request of the Language Service Provider the Translation Service Provider shall hand over to him/her the translation memory and terminology that the Language Service Provider built during the given work.

8. Contact

The Translation Service Provider shall provide permanent availability on business days from Monday to Thursday between 9:00 and 18:30 and on Friday between 9:00 and 17:30, by email, as well as office landline and mobile phone. In addition to opening hours, the Translation Service Provider shall receive calls at the mobile phone number specified on its homepage; in such cases, the number is not suitable for accepting SMS messages. In case of any question related to orders, the Language Service Provider may request information from the Translation Service Provider.

Without the written consent of the Translation Service Provider, the Language Service Provider may not contact the principal of the Translation Service Provider under any circumstance whatsoever, he/she may not request information from it in connection with the performance of the order, terms of payment, quality complaints or future orders.

9. Obligation to Inform

The Language Service Provider shall be obliged to immediately inform the Translation Service Provider in writing or by phone about any and all arising problems that may endanger the performance according to the agreement – e.g. if he/she cannot activate his/her licence, he/she did not receive the reference materials promised, he/she will presumably be unable to deliver by the deadline, etc.

The Language Service Provider shall be obliged to immediately notify the Translation Service Provider if he/she finds that the conditions of performing the order differ from the contents of the agreement – e.g. the Interpreter is directly requested by the principal of the Translation Service Provider for further interpreting or other language service or translation at the site; the consecutive interpreter is requested to perform a simultaneous interpreting task; video or audio recording is made of the interpreting without the preliminary notification and consent of the Interpreter; the Translator or Proofreader/Reviser does not receive the mandatory resources from the project manager; etc.

The Translation Service Provider shall be obliged to immediately take the necessary steps so that the performance of the order can be continued in accordance with the agreement. If the Language Service Provider does not meet his/her obligation to inform, the Translation Service Provider shall not be in a position to exempt him/her from the consequences stemming from inadequate performance, and the Translation Service Provider may not be obliged to pay any surcharge or additional service fee whatsoever.

10. Contractual Penalties, Indemnification

In case of his/her late and/or deficient performance or non-performance, contractual penalties shall apply to the Language Service Provider.

The Language Service Provider shall be liable for damages stemming from late and/or deficient performance or non-performance according to the general rules of civil law.

The Language Service Provider may not be obliged to pay cancellation penalty, if the hindrance is independent of him/her, for example illness verified by a doctor, or force majeure. Even in case of an illness, the Language Service Provider shall endeavour to notify the Translation Service Provider about the changes as soon as possible.

10.1. Late Performance

a) Failure to meet the deadline specified in the ad-hoc order for a service to be performed in writing shall be construed as late performance by the Language Service Provider. In case of late performance by the Language Service Provider, the contractual penalty shall be 10% of the service fee per calendar day overdue.

In case of urgent orders related to written service, it shall be construed as late performance if the Language Service Provider is late by more than 30 minutes compared to the deadline specified in the order, in this case the contractual penalty shall be 5% of the service fee per hour overdue.

b) In case of interpreting orders it shall be construed as late performance if the Interpreter appears at the place specified in the order more than 10 minutes, but at the most 15 minutes late compared to the time of arrival specified. In such cases, the contractual penalty shall be 10% of the service fee of the Interpreter.

The Language Service Provider may submit his/her due invoice solely by deducting the amount of the contractual penalty.

10.2. Non-Performance

a) In case of written services, it shall be construed as non-performance if the Language Service Provider fails to perform the ordered service by another, new deadline specified by the Translation Service Provider either.

b) In case of interpreting orders, it shall be construed as non-performance if the Interpreter arrives at the place of the interpreting event more than 15 minutes late compared to the time specified or does not show up at all.

In case of non-performance, the contractual penalty shall be 100% of the relevant ad hoc service fee, the Language Service Provider shall not be entitled to submit an invoice. Enforcement of the contractual penalty stipulated for the case of non-performance shall preclude the claim of contractual penalties specified for performance or late performance.

11. Terms of Payment

The Language Service Provider shall issue an invoice payable by bank transfer for the service performed, the payment deadline of which – unless agreed otherwise – shall be 21 calendar days from the date of receipt of the invoice.

If the Language Service Provider agreed with the Translation Service Provider in one-off, end-of-month settlement, the Translation Service Provider shall be obliged to send to the Language Service Provider the detailed settlement prepared about the services performed, at the latest on the third business day after the subject month, and the Language Service Provider shall be entitled to issue his/her invoice on the basis thereof.

The Language Service Provider shall send the invoice to the Translation Service Provider by mail, electronically or delivered in person.

The Parties agree that the day of performance shall be the day when the Translation Service Provider debited its bank account with the fee.

In case of payment via PayPal, the Translation Service Provider shall start the transfer by indicating the Purchase/Services option.

In case of transfer of foreign currencies, the domestic bank charges shall be borne by the Translation Service Provider, the foreign bank charges shall be borne by the beneficiary.

In case of late payment by the Translation Service Provider, the Translator/Proofreader/Reviser/Interpreter shall be entitled to issue an invoice about the current default interest, which the Translation Service Provider shall be obliged to pay by the specified payment deadline.

12. Cancellation of Orders

12.1. Cancellation by the Translation Service Provider

In case of written service

In case of written services, the Translation Service Provider may cancel the order without consequences if, at the time of the communication of such lapse of interest to the Language Service Provider, the performance of the service has not commenced in any way.

If the performance of the written service has already been started, after the cancellation of the order the Language Service Provider shall send to the Translation Service Provider the work prepared until the time of the cancellation, as soon as possible, and the Translation Service Provider shall be obliged to pay the fee thereof.

In case of verbal service

In case of an interpreting assignment not exceeding 5 business days, the Translation Service Provider may cancel the order without financial consequences over 2 calendar days from the starting date of interpreting. In case of cancellation within 2 calendar days, the Translation Service Provider shall be obliged to pay 50% of the fee of the service ordered to the Interpreter, in case of cancellation within 1 calendar day, it shall be obliged to pay 100% of the fee of service to the Interpreter.

In case of an interpreting assignment exceeding 5 business days, the Translation Service Provider may cancel the order without financial consequences over 5 calendar days from the starting date of interpreting. In case of cancellation within 5 calendar days, the Translation Service Provider shall be obliged to pay the Interpreter 25% of the service fee related to the first 5 days, in case of cancellation within 3 calendar days it shall be obliged to pay the Interpreter 50% of the service related to the first 5 days. The Translation Service Provider shall not pay cancellation fee for the remaining days.

Orders for several business days shall mean continuous business days.

In addition to the above, the Translation Service Provider shall do its utmost to compensate the cancelled orders with other orders, as far as possible in the period in which the cancelled order would have been implemented.

12.2. Cancellation by the Language Service Provider

If the Language Service Provider is forced to withdraw from the already accepted order, he/she shall be obliged to immediately notify the Translation Service Provider of this fact. The Language Service Provider shall oblige himself/herself to immediately notify the Translation Service Provider of the cancellation, thus causing even less damage to the Translation Service Provider. Without the expressed written consent of the Translation Service Provider, the Language Service Provider shall not be entitled to hand over the order to a third party, since this shall be construed as material breach of the contract.

In case of written service

If the Translation Service Provider lays claim to the work prepared until the time of the cancellation, the Language Service Provider shall be obliged to hand it over to the Translation Service Provider. Depending on the circumstances of the cancellation, the Translation Service Provider shall pay the fee of the work already performed to the Language Service Provider at a full or reduced price.

If the withdrawal of the Language Service Provider makes it impossible for the Translation Service Provider to contractually perform the given project, the Language Service Provider shall not be entitled to submit an invoice, and the cancellation penalty to be paid by the Language Service Provider shall be 50% of the relevant ad hoc service fee.

If the Translation Service Provider has sufficient time to complete the project appropriately despite the withdrawal of the Language Service Provider, the cancellation of the Language Service Provider shall not have financial consequences, the Translation Service Provider shall also inform the Language Service Provider of this fact in writing.

In case of verbal service

In case of an interpreting assignment not exceeding 5 business days, the Interpreter may cancel the order without financial consequences over 3 business days from the starting date of interpreting. In case of cancellation within 3 business days, the Interpreter may be obliged to pay 50% of the fee of the service ordered, to the Translation Service Provider as cancellation penalty; in case of cancellation within 1 business day, this shall be 100% of the fee of the service.

In case of an interpreting assignment exceeding 5 business days, the Interpreter may cancel the order without financial consequences over 8 business days from the starting date of interpreting. In case of cancellation within 8 business days, the Interpreter may be obliged to pay to the Translation Service Provider as cancellation penalty 25% of the service fee related to the first 5 days, 50% in case of cancellation within 5 business days, and 100% of the service fee related to the first 5 days in case of cancellation within 3 business days.

13. Data Management, Confidentiality Obligation

The Translation Service Provider shall, from time to time, supply its subcontractors with documentation and information necessary for performing the projects to be completed for its principals, as necessary. The Language Service Provider shall be obliged to handle in the strictest confidence all the documents and information made available to or learnt by the Language Service Provider, irrespective of whether this information was transmitted by post, by fax, electronically or verbally.

The Language Service Provider may use such documentation and information solely for the purpose of carrying out the activities necessary for performing his/her obligations existing vis-à-vis the Translation Service Provider, in accordance with the conditions of the given project according to the agreement. The Language Service Provider shall take all reasonable steps to avoid the disclosure, dissemination and unauthorised use of the documents and other information, and as such:

a) The Language Service Provider shall have full confidentiality obligations with respect to any and all verbal information and written materials communicated or handed over to him/her by the Translation Service Provider. The confidentiality obligation shall extend to, among others, any and all facts and circumstances, solutions or data related to the order and the Translation Service Provider’s principals that concern the person, personal data, financial situation, business activities, business management, ownership and business relationships, as well as the financial balance and turnover, of the Translation Service Provider or its principal. Breach of said confidentiality obligation shall incur indemnification obligations.

b) The Language Service Provider shall have liability for damages in connection with retaining data and information that come to his/her knowledge during the performance of the ad hoc orders; with using such data and information exclusively within his/her scope of duties; with not disclosing such data and information to any third persons either in part, or in full; and with not making said data and information accessible to any third persons in any way or form. The Language Service Provider may not use any data or information that comes to his/her knowledge to gain direct or indirect advantage for himself/herself or any third persons, and furthermore, to cause damage to the Translation Service Provider or the principal of the Translation Service Provider.

c) The Language Service Provider shall undertake not to use outside his/her scope of duties any work procedures, solutions or record-keeping systems used and developed by the principal of the Translation Service Provider that he/she becomes familiar with during ad-hoc orders; shall not disclose these to any third persons; shall not make access to these possible to any third persons in any way or form; and shall not use procedures, solutions or record-keeping systems he/she becomes familiar with to gain advantage for himself/herself or any third persons. He/she shall, therefore, acknowledge that any procedures, solutions or record-keeping systems he/she becomes familiar with are the sole property of the principal of the Translation Service Provider, and the Language Service Provider shall make no claims to these on any grounds.

The Language Service Provider acknowledges that non-compliance with any of the above terms and conditions may be punishable under criminal law. The Language Service Provider acknowledges that he/she shall be liable for damages arising out of the breach of the present confidentiality obligations in accordance with the provisions of civil law.

14. Ban on Competition

By accepting the order, the Language Service Provider undertakes that, if the identity of the principal of the Translation Service Provider is known, he/she shall not establish direct work relationship with said principal or shall not conduct price negotiations with it within two years from the performance of the given order.

In case of an interpreting assignment, the Interpreter may not hand over his/her own business card or private contact data to the persons present at the venue of interpreting, under any circumstances whatsoever. If necessary, the Interpreter may use the blank business card received from the Translation Service Provider or, in lack of that, he/she may provide the contact data of the Translation Service Provider.

The ban on competition shall equally pertain to the intermediary office under the direction of the Language Service Provider as well. An exception from the ban on competition is if the Language Service Provider already had a direct working relationship with the principal of the Translation Service Provider in a provable manner before the acceptance of the order received from the Translation Service Provider.

The ban on competition shall not pertain to the performance of tasks or the filling of a job whose subject is not related to interpreting and translation works.

15. Force Majeure

The Parties shall be exempted of the legal consequences determined in this GTCP, if the breach of contract or the cancellation of the ad hoc order before its performance is caused by a reason that is construed as force majeure on the basis of this GTCP. Each extraordinary event that originated for a reason beyond the will and sphere of interest of the Parties, and is unforeseen and inevitable shall be construed as force majeure. This shall include, but shall not be limited to, the following: natural disaster, war, fire, epidemic, quarantine, general strike and restrictions of transport. The party affected by the force majeure event shall be obliged to immediately notify the other party in writing – or via any telecommunication device in case of hindrance of this – about the circumstances, reason and expected duration of existence of the force majeure event. In case of delay or failure of notification, the party shall be liable for the violation of the contents of this GTCP and the ad hoc order according to the provisions of the GTCP.

16. Intellectual Property Rights

The Parties agree that the Language Service Provider shall unconditionally and irrevocably transfer to the Translation Service Provider the materials, ideas, procedures, etc. created by him/her and handed over to the Translation Service Provider within the framework of the order and the rights belonging to those, and the Translation Service Provider shall be exclusively entitled to use, publish or revise those, and it shall be exclusively entitled to dispose over those – including also the transfer of those to others – within the territory of Hungary and abroad. The contractual fee shall include the countervalue of the contents of these provisions, the Language Service Provider shall not lay claim to further countervalue for the above.

If an individual work is created with the translation of a literary work within the framework of the ad hoc order, the Translation Service Provider and the Language Service Provider shall agree about the rights related to intellectual property in a separate agreement.

Contacts

E-mail: vri@edimart.com
Mobile: +36 20 346 7707
Tel.: +36 1 209 26 88
Skype: edimart.interpreting
Address: Alkotás Center, 1123 Budapest, Alkotás u. 39/C