General Terms and Conditions
Vertaalbureau WordHouse B.V.
In these General Terms and Conditions ‘the Translation Company’ shall be understood to mean: WordHouse B.V., gevestigd aan de Entree 87, 1101 BH, te Amsterdam.
Article 1 – General
These General Terms and Conditions shall govern the legal relationship between the Translation Company and the Client, and shall supersede any (general) terms and conditions of the Client, unless the Translation Company approves the applicability of such terms and conditions in writing.
Article 2 – Quotations, conclusion of contracts
2.1 General quotations and estimates provided by the Translation Company shall not entail any commitment.
2.2 The Translation Company may at any time revoke or change prices and dates of delivery quoted if it has not had the opportunity – prior to quoting such details – to view the entire text to be translated or edited. The Client’s oral or written acceptance of the quotation submitted by the Translation Company or, if no quotation is submitted, confirmation by the Translation Company in writing of an order placed by the Client shall constitute a contract.
2.3 The Translation Company may consider as a Client any person or entity that has placed an order with the Translation Company, unless said person or entity explicitly states that they are acting on the instructions, on behalf and at the expense of a third party, whose name and address shall be disclosed to the Translation Company at the same time.
2.4 Agreements made and assurances given by representatives or personnel of the Translation Company shall not be binding upon the Translation Company unless explicitly confirmed by the Translation Company in writing.
2.5 Any reasonable doubt on the part of the Translation Company about the Client’s ability to pay shall entitle the Translation Company to require the Client to provide sufficient security before the Translation Company commences or continues to execute an order.
Article 3 – Changes to or cancellation of orders
3.1 Any major changes made by the Client to an order after a contract has been concluded shall entitle the Translation Company either to modify the price and/or the date of delivery agreed or to refuse to execute the order. In the latter case, the Client shall be required to pay for the work already performed, and the provisions stipulated in clause 3.3 shall apply by analogy.
3.2 Cancellation of an order by the Client shall require the Client to pay in full for the work already performed with respect to that order and, where appropriate, to pay compensation on the basis of an hourly rate for time spent on research for that part of the work not performed. The Translation Company shall make the work performed available to the Client at the latter’s request, but shall accept no responsibility for its quality.
3.3 If the Translation Company has earmarked time for executing an order that has been cancelled, it may charge the Client 50% of the agreed price for that part of the work not performed.
Article 4 – Execution of orders and non-disclosure clause
4.1 The Translation Company undertakes to carry out orders to the best of its ability, bringing to bear sufficient professional know-how to meet the purpose specified by the Client for the text(s) to be translated or edited by the Translation Company.
4.2 The Translation Company shall keep any information provided by the Client confidential in so far as this is possible in connection with the performance of the contract. The Translation Company shall require its employees to observe this code of confidentiality. However, the Translation Company shall not be liable for any breach of confidentiality by its employees if it can sufficiently demonstrate that it was unable to prevent the same.
4.3 Unless explicitly agreed otherwise, the Translation Company shall be entitled to hire third parties to carry out the order (in full or in part), without prejudice to the Translation Company’s responsibility for the confidential treatment and proper execution of the order. The Translation Company shall require any such third party to observe this code of confidentiality. However, the Translation Company shall not be liable for any breach of confidentiality by such third parties if it can sufficiently demonstrate that it was unable to prevent the same.
4.4 As far as possible, the Client shall honour any request for information by the Translation Company about the content of the text to be translated, as well as requests for relevant documentation and lists of terms if such are available. Such information and documentation shall be dispatched at the Client’s expense and risk.
Article 5 – Agreed date and time of delivery
5.1 The agreed date of delivery shall be provisional, unless an explicit written agreement stipulates otherwise. The Translation Company shall notify the Client immediately if it perceives that it will be unable to meet an agreed deadline.
5.2 If a fixed delivery date is specifically agreed in writing and if the Translation Company fails to meet it for reasons other than circumstances beyond its control, and if the Client cannot reasonably be expected to accept any further delay, the Client shall be entitled to cancel the contract unilaterally. In such cases, however, the Translation Company shall not be required to pay any compensation whatsoever. Such cancellation shall not affect the obligation on the part of the Client to pay for the work already performed.
5.3 Delivery shall be deemed to have taken place at the moment when the text is dispatched. The moment when the text is posted, handed to a courier or – if the text is transmitted electronically (by fax, e-mail, modem, FTP etc) – the moment when the medium completes the transmission shall count as the time of dispatch.
5.4 The Client shall do whatever may reasonably be necessary for or conducive to prompt delivery by the Translation Company of work performed under the contract.
5.5 The Client shall do everything in its power to facilitate delivery of the product by the Translation Company under the contract. Any refusal to accept the Translation Company’s product shall constitute default on the part of the Client, and the provisions of clause 6.5 shall apply accordingly, even if no explicit request for acceptance has been made.
Article 6 – Prices and payment
6.1 Prices shall generally be based on the Translation Company’s current rate (per hour or per word), unless agreed otherwise. In addition, the Translation Company may charge the Client for any out-of-pocket expenses incurred in the execution of the order. The Translation Company shall be free to charge a minimum rate for each language pair.
6.2 Quoted prices shall apply only to services and products conforming to agreed specifications.
6.3 The Translation Company shall be entitled to raise the agreed price if it is forced to perform more work or incur more costs than might reasonably have been foreseen on conclusion of the contract as a result of having to work with laborious, time-consuming or unclear texts, for example,