General Service Terms and Conditions
1. Scope of application
These Service Terms and Conditions imply a legally binding agreement for all purposes between the Client and Transword Linguistic Services, SL (hereafter referred to as Transword Translations) related to linguistic services rendered to the Client.
These general terms and conditions regulate the business relationship between Transword Translations and the Client. All signed documents are subject to these terms and conditions. If one or more provisions are deemed null and void, this shall not invalidate the other provisions.
Definitions
The following definitions shall be applicable to this agreement:
- “TRANSLATION” means understanding the meaning of a text in one language, referred to as the source text, to produce a text with the equivalent meaning in another language, referred to as the translated text or target text.
- “REVISION” of the translated text refers to verification of the accuracy of the target text compared with the source text by a second translator.
- “OFFICIAL TRANSLATION” refers to the translation and certification of a text by an official translator authorised by the Spanish Ministry of Foreign Affairs.
- “INTERPRETATION” means the oral or gestural transfer (sign language) of speech into one or more languages.
- “RELATED SERVICES” means any activity related to rendering a translation or interpretation service. As examples, the following are considered to be related services: creating glossaries, transcribing texts and layouts of translated documents.
- “TRANSLATOR” means the person that provides the translation services.
- “OFFICIAL TRANSLATOR” refers to the professional responsible for providing an official translation or interpretation. The official translator or interpreter must be certified by the Spanish Ministry of Foreign Affairs or the corresponding institution in each case.
- “GLOSSARY” means a list of specific and/or recurring terms organised according to certain criteria and the corresponding translation in one or several languages.
- “REFERENCE MATERIAL” means any document, available in any format, provided by the Client to Transword Translations as a reference to fulfil the project.
2. Quote
Any request for a quote must be accompanied by the original document(s) object of the requested service and must be sent to Transword Translations by email or post.
The quote offered by Transword Translations is free of charge with no commitment whatsoever and is valid for one month counted from the date issued.
The Client agrees to provide Transword Translations with the following information: the project source and target languages, the desired delivery date, the terminology and purpose of the text. If the Client has not notified Transword Translations of important aspects concerning the required service, no discounts or compensation may be claimed for any deficiency resulting from failure to notify such aspects.
The acceptance of a quote by a Client must be provided in writing and sent by email. If the quote is approved after 6 pm, the delivery timeframe specified therein will be counted from the following day.
By confirming the quote, the Client agrees to accept the service and to pay the purchase price of the service according to the sales terms and conditions detailed herein. The agreed service excludes any continuity agreement between the parties.
3. Pricing
Unless specified otherwise, the price stated in the quote shall be in euros and does not include taxes or shipping costs in the case of official translations.
Transword Translations will render the agreed service and bill it in accordance with the conditions and prices specified in the quote.
The offers and quotes provided by Transword Translations are valid for one month and will not be considered binding by Transword Translations, unless expressly stipulated otherwise. The discounts offered by Transword Translations may be unilaterally cancelled with no prior notice.
Transword Translations reserves the right to modify prices, as well as the estimated delivery date specified in previous quotes if the initially agreed service terms and conditions are modified, either due to reasons beyond the control of Transword Translations or due to last minute changes made by the Client. Transword Translations will inform the Client of the proposed modified costs or delivery dates before providing the service.
4. Rendering Translation Services
The Clients must clearly specify their requirements for the requested service.
Whenever the document submitted for translation or revision is in an editable format (Word, Excel and Power Point), it will be returned in the same format. Otherwise it will be returned in Word format. If the layout of the document must be adapted by using specific tools, this service will be calculated in a separate quote.
Transword Translations agrees to observe the highest quality standards, to meet the delivery deadlines agreed with the Client and to guarantee that all work will be performed by expert, qualified and skilled staff.
5. Making changes to the order or cancelling the Translation Service
Any change made by the Client to the source document after the translation work has begun must be clearly notified to Transword Translations. These changes will be confirmed in writing by Transword Translations. The calculation of additional costs and the time needed to make changes or additions to the source material of the translation will be calculated depending on the work already completed, the quantity and type of changes.
If there are additional costs to those estimated, before continuing with the work, Transword Translations will notify the Client of the estimated costs and the change of any previously agreed delivery date.
If the Client cannot comply with its contractual obligations due to liquidation or bankruptcy of its business, it must inform Transword Translations immediately of such circumstances.
If the order is cancelled after the start of the project, out-of-pocket expenses will be charged for the partial completion of the work. The translation that has already been completed will be made available to the Client and must be fully paid.
6. Official Translations
The Client is informed that the only versions of official translations that are legally valid in Spain are those bearing the signature and certification of an official translator appointed by the Ministry of Foreign Affairs and Cooperation.
Transword Translations will not be held liable for any problem resulting from the return, loss or damage to the original document. If the documents provided are unique or valuable, it is the Client’s responsibility to take out an appropriate insurance policy to cover any damage resulting from loss and partial or total destruction of the original document or documents.
7. Delivery
The delivery date indicated in the quote is merely an estimate and will only be binding for Transword Translations when it is confirmed in writing to the Client.
Although Transword Translations will do its utmost to guarantee that it has all the reasonable resources to meet the stipulated deadline and delivery method, changes may occur due to force majeure or events that beyond the control of Transword Translations, therefore it cannot be held liable in this respect.
The translations will be sent by email unless another delivery method is previously agreed with the Client.
When a hard copy of an official translation is needed, if the Clients require the document to be sent to their address or another address they specify, Transword Translations undertakes to send it within a sufficient time frame for the courier service to deliver it within the agreed terms. In any case, Transword Translations shall not be held liable for any delays or failure to deliver documents that it has sent on time when the party responsible for the delay is the courier service.
Deliveries will be made to the address specified by the Client. Should the Client not be available to receive the order, the courier service will be responsible for organising the collection of the documents. Transword Translations shall not be held liable for any delivery delay if a recipient is absent or in the event that the delivery is rejected or the document is not collected from the courier company’s office. The Client must confirm receipt of the documents as soon as possible.
If the work needs to be sent again, it will be considered as a request for a copy and the amount for this service will be calculated in a specific quote.
If, after requesting an official translation, the Client requires additional physical copies, the amount for this request will be calculated in a specific quote.
8. The Client’s Obligations
The Client guarantees that it owns the original material or that they hold the right to use it. Transword Translations shall be exempt from all liability if the Client uses the translation provided by Transword Translations for a purpose other than that previously notified to Transword Translations.
Unless the Client specifies otherwise, Transword Translations will presume that the Client will make private use of the translation provided. In this respect, for example, if the Client publishes a translation and such use was not previously specified, Transword Translations shall not be held liable for any errors the translation may contain.
In addition, Transword Translations shall not be held liable if the Client does not notify Transword Translations before publishing the translation so that it can revise the final layout beforehand.
Likewise, Transword Translations shall be exempt from all liability if the Client makes changes to the translation provided by Transword Translations without notifying the latter thereof.
Since it is common practice at Transword Translations to notify the Client of any aspect in the original document that needs clarification in order to correct and explain any queries, Transword Translations shall not be held liable in the following cases: (i) ambiguous phrases, terms or expressions that are included in the original, (ii) if the original is poorly written, of poor quality or partially illegible, and (iii) if the reference material or glossary provided by the Client is of poor quality or contains errors.
9. Service Quality
Transword Translations offers specific guarantees for the quality and timeliness in line with the deadlines agreed with the Client. Transword Translations will provide the service, in accordance with its own standard quality procedures, translating specialised terms according to their conventional meanings or based on glossaries previously provided by the Client. All original material must be easily legible and submitted to Transword Translations by the Client in the agreed formats and within the timescale.
In the case of technical texts, if the Client has reference material available, we recommend such material is provided to Transword Translations to ensure better understanding of them, as well as technical glossaries or texts that have previously been translated so that the translators can maintain technological coherence between the translation undertaken and documents already in use by the Client. Transword Translations shall not be held liable for the Client’s objections to translations when Transword Translations must choose specific and technical terminology at its own discretion if the Client has not provided clear written indications concerning the translation of such terminology.
Under no circumstances shall Transword Translations be held liable for translations considered unsatisfactory from a stylistic standpoint based on the Client’s own evaluation criteria, when such criteria is entirely subjective. Transword Translations is under no obligation to translate texts in a style that is different to that of the original. Any claim made by the Client related to a translation carried out by the team at Transword Translations will solely and exclusively be processed if it is received within a maximum term of 15 days after the delivery of the work or a part thereof. Each claim must include a detailed list, with explanatory comments on each disputed point of the translation provided. After the aforementioned term or a claim that does not include the related explanatory comments, the translation by Transword Translations will be considered correct.
10. Claims for Service Faults or Errors in Translation
For the translation service, Transword Translations will perform its work with the utmost diligence and professionalism and will provide the Client with the translated file including the complete and final translation of the original text.
Under no circumstances shall errors or inaccuracies in one or more parts of the translation invalidate the work as a whole. In the event of errors, Transword Translations reserves the right to make free corrections in the following cases: incorrect translations of specific terms, spelling mistakes, grammatical mistakes, omissions, typing errors, non-compliance with the glossaries approved before the start of the work.
Under no circumstances may any objections be made against translations that are not to the Client’s satisfaction from a merely stylistic standpoint.
Transword Translations accepts no liability for any errors caused by an unclear or incorrect wording of the original text.
Under no circumstances may the Client, or any third party related thereto, hold Transword Translations liable for any direct or indirect damages caused by the services provided. This principle must be considered valid regardless of the kind of damage caused. In all cases, Transword Translations’ liability shall be limited to the maximum amount specified in the invoice for the service rendered.
11. Interpretations
The quotes for interpretation services will be prepared according to the specific conditions of each requested service and the information related to the service that is provided by the Client when requesting the service. Such information, with no exception, must include the following: the linguistic combination, date, time and place, required duration as well as the subject-matter involved.
The validity of the quote shall be subject to the availability of the interpretation team on the date that the quote is approved.
After accepting the quote, if the Client cancels the service within 7 calendar days prior to the interpretation, 100% of the service must be paid and 50% if the cancellation is between 7 and 15 calendar days prior to the service.
In order to guarantee the high quality of service, the Client must provide Transword Translations with the documents necessary as soon as possible so that the interpreter or interpreters can prepare their work.
Any modification of the service conditions originally specified by the Client may result in a change in the quote initially provided by Transword Translations. These possible cost variations will be duly notified to the Client as soon as Transword Translations confirms such changes are applicable.
12. Payment Methods and Conditions
When the translation is delivered or the required service has been rendered, Transword Translations will issue an invoice in the name of the Client who requested the service. The invoices will be issued electronically (pdf).
The Client specified in the quote is the sole and final party responsible for the payment of the contracted services, even in cases where the Client is not the final recipient of the service or the invoice or if the order was made on behalf of a third party.
The amount of the invoice must be paid by bank transfer within 30 days after the date the invoice was issued, or according to the special conditions agreed with the Client. Any possible commission expenses shall be borne by the Client.
Transword Translations reserves the right to request advance payment by the Client for the requested service.
The invoices will include any taxes and fees applicable according to current legislation.
13. Compliance with Data Protection Regulations
The Client, as the Controller, is the owner of any processing of personal data.
Transword Translations, as the Processor, undertakes to ensure the security and confidentiality of the personal data provided by the Client and to use them for the sole purpose of performing the necessary work to render the contracted service.
The data will be kept until the liabilities related to the processing expire and will not be disclosed to third parties unless there is a legal obligation to do so.
If Transword Translations needs to outsource work to third parties in order to render the contracted service and such third parties have access to and process confidential or personal data, Transword Translations may grant such access, as long as an agreement is reached with the sub-contractor in a written contract in compliance with all the provisions of the General Data Protection Regulation (EU) 2016/679.
14. Non-Disclosure – Professional Secrecy
Transword Translations will carry out its work in compliance with the commitment of non-disclosure and professional secrecy. In particular, this applies to the information obtained for the work carried out by the translator or interpreter, in other words, information that Transword Translation obtains in any manner, including reading of documents that the Client may provide in relation to a specific task.
Transword Translations will not publicly disclose such information to third parties, except to authorised employees and third parties that have signed a non-disclosure agreement.
Unless the Client specifies otherwise, at the end of the assignment the documents provided to Transword Translations will only be kept for filing purposes.
15. Information Security
Transword Translations uses antivirus programmes and firewalls for protection against cyber-attacks, however, it shall not be held liable for any damages caused by the possible transmission of a virus, worms, trojans, spyware, etc. to the Client.
Transword Translations shall not be held liable for the security of the material sent to the Client by email and the Client must verify that the computer files do not contain any harmful elements before they are sent to Transword Translations. The Client also agrees to verify any computer files received from Transword Translations before the use thereof.
16. Intellectual Property
The Client accepts that Transword Translations is the sole and exclusive owner of the rights and know-how related to the services rendered to the Client.
17. Modifications to the General Terms and Conditions
Transword Translations reserves the right to modify the general terms and conditions at any time and with no prior notice. Transword Translations undertakes to allow the Client free access to the general terms and conditions on its website. Each new version of the Terms and Conditions shall be deemed to cancel and replace the previous versions.
18. Applicable Law and Jurisdiction
These Service Terms and Conditions shall be governed by Spanish law. Transword Translations and the Client agree to submit any disputes that may arise to the jurisdiction of the Courts and Tribunals of Barcelona (Spain), expressly waiving any other jurisdiction that may be applicable.
