TBS TRADIX Ltd.
GENERAL TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
1.1. These General Terms and Conditions (“The Terms”) shall regulate the relationship between TBS TRADIX Ltd. («The Company») and the users («The Customers») of all services offered by TBS TRADIX Ltd. («The Services»).
1.2. These General Terms and Conditions are published on the official website at: www.tbstradix.com and are prominently displayed in the office/offices of the Company. They may be amended periodically at the discretion of the Company / TBS TRADIX Ltd. /. All Customers are obliged to consult them. The use of the Services shall be subject to the unambiguous acceptance of, consent to and binding by the Terms and their amendments as they are valid at the moment of awarding of the execution of Services.
The services offered by TBS TRADIX Ltd., including but not limited to the following, are:
2.1.1. Translations shall be performed by qualified translators meeting the minimum requirements of Translation standard EN 15038.
2.1.2. Translations shall be both official and unofficial. The official translation shall be done by a sworn translators who have signed a notarized declaration which shall guarantee the responsibility of the translators for the accuracy of the translation. The translation shall render accurately and truly the content of the original text and shall be printed to the official Company letterhead and its accuracy shall be certified by the translator’s signature. The signature shall be certified with the seal of the Company. In case of unofficial translation the translator may make amendments in the text of the translation (target text) according to the preferences of the customer and the translation is not printed on the Company letterhead nor shall it be signed or certified with a stamp.
2.1.3. The volume of the translation can be calculated in two ways:
a) standard page of 1800 characters including spaces, calculated on the basis of the translation (target text) using for the calculation the option Word Count – Characters (with spaces). In this type of calculation the minimum calculated volume shall be 1/2 page. Translation over 1/2 page shall be rounded to the first decimal place,
b) number of words, calculated on the basis of the original text (source text) using the option Word Count. This method shall be applied at the request of the Customer and if the source text is provided in an appropriate electronic format.
2.1.4. Upon detecting problems and/or omissions in the text for translation (illegible or missing parts, semantic inconsistencies, technical failures, etc.), The Company shall notify in writing the Customer. The latter shall be obliged to promptly remove them or to suspend the execution in writing. Failing this, the Customer shall accept the result of the job and shall have no right to object under Chapter VII of these Terms and in this case the Company shall not be held responsible for the quality of the performed translation. The period for the execution of the job may be extended by the time the Customer needs for remedying the deficiencies.
2.1.5. In case names, abbreviations, specialized terminology, etc. are presented in the texts as well in cases of specialized use of the translation (eg. advertising, publishing, ratification of an official document), the Customer shall provide the Company with relevant information in order to achieve optimal results. In the absence of cooperation from the Customer, the Company is not responsible for the quality of service and the Customer is obliged to accept the result of the implementation and has no right to object under Chapter VII of these Terms.
2.2.1. The Interpreting service is carried out by interpreters with the necessary skills and experience.
2.2.2. The request for the Interpreting service shall be done at least 3 days in advance, otherwise the Company is not responsible for the quality of execution, and reserves the right to refuse service.
2.2.3. In the period under paragraph 2.2.2. The Customer is obliged to provide all necessary information to the Company: type of event, venue, number of participants, themes, duration, type of interpreting, number of translators needed, equipment, etc.
2.2.4. At the time of award the Customer shall provide all the materials that will be used during interpretation: official documents, speeches, reports, presentations, etc., as well as any kind of reference materials. Otherwise the Company shall not be held responsible for the professional and quality execution of the Service.
2.2.5. In determining the total value of the job the time of commitment of the interpreter shall be taken into consideration regardless of the actual time of interpreting. The time of commitment is calculated in hours or days.
2.2.6. In escorting translation the costs of the interpreter/s for travel, accommodation and meals shall be covered by the Customer and shall be paid as additional cost, unless other is expressly agreed.
2.2.7. In case of simultaneous interpreting it is recommended to use a team of at least two interpreters. In cases of express request of the Customer to use a single interpreter, the Company shall not be held responsible for the quality of the service provided.
2.2.8. When performing consecutive interpreting 1, 2 or more interpreters are used depending on the length and load in each case.
2.3.1. Legalization is a procedure in which the relevant institutions confirm the authenticity of official documents and/or the authenticity of the signature of the translator or the interpreter.
2.3.2. In case of delay on the part of an institution the Company shall promptly notify the Customer and is not responsible for keeping the initial deadline.
2.3.3. Upon refusal of certification of the document without fault of the Company, it shall promptly notify the Customer for the specified by the institution reasons and for the actions he should take. In this case, the Company is not responsible and has the right to retain the paid amount for the service as Company’s fee.
2.4. Other services
2.4.1. Part of other offered services are: editing and proofreading, typesetting, proofing and formatting etc.
2.4.2. The Company shall have the right, at its discretion, to increase or decrease the number of services offered. It is not expressly required to specify each of them in these Terms.
III. AWARD, EXECUTION AND DELIVERY
3.1.1. Requests shall be submitted electronically through Company’s on-line request form or by email, phone, in person, via courier, mail, fax, or any other technical means or media of communication.
3.1.2. If necessary, the Company shall communicate with the Customer for any additional details and information needed.
3.2. Quotation and Delivery and Acceptance Certificate (DAC)
3.2.1. The Company shall prepare a written quotation according to the requirements of the Customer. The quotation may contain more than one job according to the request of the Customer. Only after the Customer confirms in writing the quotation or their chosen option the Company could proceed with the execution. Depending on the specifics of a particular job only a DAC may be drawn up.
3.2.2. The Company shall prepare a DAC which shall contain information relevant to the fulfillment of the job. The Customer shall confirm in writing the DAC before the start of the execution of the job. The Customer shall not be obliged to confirm the DAC only if he has previously confirmed the relevant offer concerning the same job/project which the DAC is related to.
3.2.3. The confirmation of the Quotation and/or the DAC shall be considered to be unequivocal and unconditionally acceptance of and agreement to the Terms of the Company.
3.2.4. If the job is awarded personally the confirmation shall be made by signing the DAC by the Customer.
3.2.5. If the job is awarded electronically the confirmation shall be done by an electronic message/e-mail sent by the Customer to the Company.
3.2.6. The above confirmations shall be considered as job award and shall be binding as a contract. Thereby the person who has made them declares that he/she is authorized to award the job in question and binds himself/herself and/or the person and/or the organization represented by him/her with these Terms.
3.3.1. The execution shall begin only after the Customer confirms in writing the offer and/or the DAC received by him/her.
3.3.2. The period (in business days) of execution of the job shall be specified in the offer and/or in the DAC.
3.3.3. For any job awarded before 13:00 (CET +2) the period of execution shall begin from the same day.
3.3.4. For any job awarded after 13:00 (CET +2) the period of execution shall begin from the next business day.
3.3.5. Changes in the conditions of execution after the award of the job/project shall be possible only by mutual consent in writing.
3.3.6. The period of execution may be extended as a result of amendments under the preceding section 3.3.5.
3.3.7. The execution of a specific job/project may be stopped only with a written notice of the Customer.
3.3.8. The Customer shall not be allowed to contact the translators, editors, proofreaders and other professionals involved in the execution without the prior approval of the Company.
3.4.1. The Delivery may be made electronically, in person, by courier, by mail or by fax.
3.4.2. In case the award has been made electronically it shall be considered, unless explicitly stated otherwise, that the delivery shall also be made electronically. In this case a digital DAC shall be used.
3.4.3. The Delivery via electronic means shall be sent to the email address specified in the DAC and the time and date of dispatch shall serve as proof. If the Customer does not receive the email containing the job/project he shall notify in writing the Company.
3.4.4. Upon awarding in the office of the Company it shall be considered unless explicitly stated otherwise, that the delivery shall also be made in the office of the Company. The delivery shall be certified by the relevant signatures. The person who has received the delivery shall declare unconditionally and unequivocally by his/her signature that he/she is authorized to do so and bind himself/herself and/or the person and/or organization he/she represents with these Terms.
3.4.5. Delivery by mail or by courier shall take place at the address specified by the Customer. The address shall be entered or attached to the DAC. The date of sending shall be considered also as date of delivery. In this case the costs and risks shall be borne by the Customer.
3.4.6. Upon award and delivery by post or courier the letters and/or bills of lading shall be attached to the DAC. If the Customer has sent specific written instructions they shall also be attached to the DAC.
IV. PRICE, TERM AND PAYMENT
4.1. The unit price and the total price of the job for written translations shall be calculated in two ways:
a) a standard page of 1800 characters including spaces calculated on the basis of the finished translation (target text) using the option Word Count – Characters (with spaces). The total price is the result of the multiplication of the unit price and the number of pages,
b) per word, the number of words being calculated on the basis of the text (the source text) via the option Word Count. The total price is the result of the multiplication of the unit price and the number of words.
4.2. For interpreting the price shall be based on astronomical hour. After the expiry of five minutes of each subsequent hour the whole hour shall be charged.
4.2.1. The price could also be calculated per day and a day upon explicit agreement with the Customer.
4.2.2. The cost of the necessary equipment for simultaneous translation shall be calculated separately from the interpreting depending on the type of event, number of participants, etc.
4.3. The total value of legalization shall be the sum of the Company fee and the fee of the respective institution.
4.4. In the event that due to the specifics of the contract at the time of its assignment it is not possible to calculate its final total price the Company shall provide an indicative value in the quotation and/or DAC. The final total price may be lower or higher than the estimated indicative value.
4.5. Upon awarding a Job no less than 50% of the total amount due shall be paid, as well as all pre-calculated state taxes required for the execution. The rest of the amount due shall be paid upon providing the results of the service to the Customer or within 7 (calendar) days after the service supply/issuance of invoice.
4.6. When calculating the final total price all the discounts and bonuses entitled to the Customer shall be deducted.
4.7. Payments shall be made in cash or by bank transfer.
V. RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The Company shall be entitled to:
5.1.1. Receive all the necessary materials related to the execution of the job, as well as any additional (explanatory) information concerning specific requirements of the Customer. The Company shall be entitled not to commence or to suspend the execution of the job if the Customer has given incorrect or insufficient information and has not provided, upon written invitation by the Company, the necessary information so that the execution of the job has become impossible. In case of suspension of the job the Customer shall pay the Company the completed part of the job.
5.1.2. Perform all the necessary legal action in connection with the execution of the translation jobs and/or legalization of documents and/or other services.
5.1.3. Receive the respective payment by the Company under the conditions and method of payment specified in Chapter IV of these Terms.
5.1.4. Not start the next job if the conditions and methods of payment stipulated in Chapter IV of these Terms are not met.
5.1.5 Stop the execution of a specific job/project if, after awarding it, the Customer has requested that amendments be made in the terms of execution that the Company cannot accept. The Customer shall be obliged to pay for the work performed before the suspension.
5.1.6. Not submit the received materials/documents for translation and the translations themselves if the Customer fails to comply with the conditions and methods of payment referred to in Chapter IV of these Terms.
5.1.7. To suspend the execution of all other projects of the Customer if the Customer fails to comply with the conditions and methods of payment referred to in Chapter IV of these Terms.
5.2. The Company shall be obliged to:
5.2.1. Provide professionals with the necessary qualifications.
5.2.2. Execute the jobs under the conditions and prices specified in the quotation and/or the DAC.
5.2.3. Provide, upon request by the Customer, information about the current execution of the job.
5.2.4. Store all the supporting materials received by the Customer and to return them upon request by the latter after completion of the respective job.
5.2.5. Issue to the Customer the documents required to make the payments under Chapter IV of these Terms.
VI. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
6.1. The Customer shall be entitled to:
6.1.1. Receive all the supporting materials provided to the Company in relation to the execution of the job.
6.1.2. Request information from the Company at any time about the execution of a specific job.
6.1.3. Receive from the Company all the documents required for the payments under Chapter IV of these Terms.
6.1.4. Stop the execution of the job awarded to the Company via notice in writing. In this case the Customer shall be obliged to pay the Company the completed part of the job.
6.2. The Customer shall be obliged to:
6.2.1. Provide to the Company all the materials necessary for the execution of the jobs.
6.2.2. Cooperate in the ongoing execution of the jobs on matters within its competence.
6.2.3. Make the payments within the deadline specified in Chapter IV of these Terms signing and/or submitting the documents required for that purpose.
6.2.4. If the Customer refuses to receive the prepared documents it shall owe to the Company the amount due for execution of the job. Refusal by the Customer to receive the prepared documents shall also be considered his failure to appear for receiving the ready documents within the deadline stipulated in the DAC or within the additional deadline given by the Company via a written notice for obtaining the ready documents.
6.2.5. The Customer shall accept and agree not to use in any way or to stop the use of translations that he/she has assigned and whose performance the Company has accepted without objection under Chapter VII, if the amount due for them has not been paid to the Company as agreed in the terms for the job award.
6.2.6. The Natural person referred to in the DAC and representing the Customer shall be bound jointly with the main liable person in whose name the document for payment/invoice is issued. In case of failure to pay in time by the main liable person, the natural person referred to in the DAC shall undertake the obligation as his/her own and shall be considered to be bound by the basic arrangements, terms and amounts under this obligation. In case of failure to pay the obligation set out in the DAC and/or the respective payment document/invoice the natural person referred to in the DAC shall undertake to perform it according to its initial parameters, waiving any right to challenge and objection and accepting unconditionally to carry out the payment due by the main liable person within 7 days after the deadline under item. 4.5., Chapter IV or within 7 days after the receipt of a written notice from the Company.
7.1. If the Customer is not satisfied with the quality of the translation, the Customer must file a written objection within 7 days of the receipt of the translated texts and/or documents. The objection shall be submitted by an authorized person in the offices of the Company or electronically. If this deadline is not met, it is considered that the job was accepted without objection.
7.2. In the absence of such an objection the Company shall remove the deficiencies at their own expense within a period not longer than the duration of the execution of the job. The Customer shall indicate in the written objection expressly, precisely and comprehensively the deficiencies that he/she thinks should be removes. Depending on the type and number of the actual deficiencies the Company shall compensate the Customer by reducing the price or recover partially or fully paid the amount by the latter.
7.3. If the Company does not accept the objection of the Customer the parties shall be obliged within 7 days after the refusal of the Company to make an additional agreement and indicate two expert translators from and to the respective language to assess its grounds: one expert designated by the Customer, one expert designated by the Company. In the agreement for the selection of experts the parties shall expressly state that they will accept their conclusion on the quality of the translation. The costs of the assessment will be charged to the defaulting party designated by the experts.
VІIІ. WAIVING OF LIABILITY
8.1. The exclusion of liability shall enter into force under objective circumstances beyond the Company control including:
a) translations, texts and/or documents lost, damaged, destroyed in: earthquake, storm or other force majeure, war, disaster, embargo, bans and acts omissions to act of governmental and administrative bodies, strikes, etc.,
b) sending by the Customer to a wrong postal or email address of translations, texts and/or documents without any faulty act on behalf of the Company,
c) defects in the physical and/or electronic media (including paper, files, CDs, external hard drives and all other technical devices) that are not the fault of the Company,
d) consequential damages, regardless of why and how they occur, occurring after the delivery of the ready job to the Customer,
e) predictable and unpredictable damages, lost profits incurred after delivery of the ready job to the Customer,
e) translations, texts and/or documents not received by the Customer,
g) translations, texts and/or documents lost by the Customer or stolen.
8.2. The Company shall not be liable for damages suffered by the Customer in the event that the translation is for a special purpose (eg. advertising, promotion, publication), when this has not been expressly stated by the Company.
8.3. The Company shall not be liable if delayed because of failures in telecommunications, electricity, transport communications, etc., which directly affect its business.
8.4. The Company shall not be liable if meeting the agreed deadline shall not be possible due to delay by the Customer.
8.5. The Company shall not accept and bear any liability and against and no claims can be made against it regarding copyright or other rights violated by the Customer that a third party might have on texts, documents or other materials assigned for translation or for performing other service.
8.6. In any case the responsibility of the Company shall be limited to the value of the specific job, the specific responsibility for the accuracy of the translation being borne personally by the respective translator and editor or team of translators and editors who have performed it.
9.1. The Parties shall undertake to care for the protection of trade secrets and other data, facts, information and circumstances that have become known to them during the execution of jobs/projects under these Terms. This obligation shall also remain in force after the execution.
9.2. As confidential information shall be considered any information which the Customer and/or the Company have expressly designated as such in the communication between them.
9.3. No information that is already known and available in the public domain or was acquired in good faith by a third party shall be considered as confidential.
9.4. The Company shall take all necessary and reasonable measures to protect the information over which it has direct control.
9.4.1. The Company cannot guarantee the privacy of information which is received and sent over the Internet and could be hacked or could be a subject to other malicious act.
9.4.2. The Company shall not be held responsible for information which is received and sent by post or courier until the time of its receipt and after the time of submitting the information to the postal or courier service.
9.4.3. The Company shall not be liable for delay, if the delay is due to the acts or omissions of public authorities.
10.1. If the Company fails to comply with the agreed deadlines of execution it shall owe to the Customer a penalty of 1% of the amount owed by the Customer under a specific delayed job for each day of delay but not more than 20% of the amount due under the terms of the job.
10.2. If the Customer or the natural person representing it fails to pay the amounts due within the deadlines specified in Chapter IV of these Terms it shall owe to the Company a penalty of 1% of the amount due for each day of delay but not more than 20% of the amount due under the terms of the job.
11.1. If the Customer and the Company have signed a specific contract for award the conditions and arrangements set out therein other than these Terms it shall take precedence over the relevant specific provisions of these Terms.
11.2. For any questions not covered in these Terms, the provisions of the Liabilities and Contracts Law and the current legislation in Republic of Bulgaria and EU shall apply. The Parties shall settle any disputes arising in connection with these Terms amicably through negotiations, and if this is not possible under the provisions of the current legislation in Republic of Bulgaria and EU.