General terms and conditions
1. General Clause
Linguali’s (the translator’s) terms and conditions apply to all services. The client is informed beforehand and confirms being informed and accepting the terms and conditions by placing an order.
2. Establishment of the agreement
Linguali is only legally bound to an assignment after the order has been accepted and confirmed by Linguali. The client will allow Linguali to assess the difficulty of the text to be translated before accepting the order.
Agreements concerning additional work or adjustments to be made during the execution of the project requested by the client or advised by Linguali are not legally binding until after confirmation by either party.
The price for translations is calculated by multiplying the number of words in the text delivered by the client (the source text) by the agreed rate per word. This price can, however, never be lower than €25.
For any services other than translation, an hourly fee is generally used. Specific costs are agreed upon per assignment, by means of an offer made by Linguali to the client. Linguali can, after written confirmation, also charge advanced payments and/or expenses related to the execution of the assignment to the client.
In addition to the regular rates, Linguali adds a surcharge for source texts that require lay-out work or are specialist in nature, or for urgent deliveries. The abovementioned list is not exhaustive.
3. Delivery terms and conditions
The delivery period that was agreed upon only starts when the source text is received and after final confirmation of the assignment.
Linguali is bound only to the delivery period agreed upon with the client. Delay in the execution of accepted orders can never lead to termination of the agreement. It can only lead to a discount on the invoice amount or damages only if a notice of default of execution was not replied to within two working days.
Our translations are always delivered by e-mail, unless the client requests a different delivery method. Any costs for mail or courier services are always paid by the client. Linguali cannot be held liable for possible problems and/or delays due to errors committed by the mail or courier service.
4.1. Linguali (the translator)
An assignment is always limited to the translation or the revision. In case of translation, Linguali is not obliged to interpret or grammatically correct a flawed source text.
Linguali only accepts liability for the quality of the translation or revision performed, insofar as this translation or revised text is used as a whole and without adjustments.
Linguali’s liability is in any case limited to the cost of the services provided. Linguali can never be held liable for consequential damages to the client or to a third party.
4.2. the client
The client shall provide all information to Linguali that is considered necessary for a good execution of the assignment before or during the execution of the agreement.
5. Execution of the assignment
Linguali reserves the right to consult a third party during the execution of the assignment, without prejudice to Linguali’s responsibility for the confidentiality and the good execution of the assignment.
All complaints must be communicated by registered letter within 8 days after delivery of the translation or the revised text, under penalty of voidness.
An invoice which is not protested within 8 days after its receipt is assumed to have been accepted. Protest does not interrupt the payment term.
In case of unilateral cancellation of the assignment by the client, a compensation will be owed that is equal to a fee for the translation or revision work and the terminology research already performed, according to the rates agreed upon. In addition, Linguali may charge a fee for breach of contract equal to 20% of the fee originally agreed upon.
8. Translation or revision and intellectual property rights
Linguali reserves the intellectual property rights to a translated or revised text. The text may not be wholly or partially reproduced in any form without Linguali’s explicit written consent.
The invoice amount must be paid to Linguali via bank transfer within 30 calendar days after the invoice date. In case of complete or partial non-payment of the amount due on the expiration date, the invoice amount is increased with a default interest equal to that set in the law for prevention of payment delays in commercial transactions by operation of law and without notice of default.
In addition, a flat-fee amounting to 10% of the amount due, with a minimum of €125 will be added to the invoice amount of the invoices that are due, starting from the day after the invoice expiration date by operation of law and without notice of default.
All disputes fall under the exclusive jurisdiction of the courts in the judicial area where Linguali’s head office is established and the assignment is considered to have been executed. Belgian law applies in case of any disputes originating in the interpretation or the execution of the contract.