Terms and Conditions
Article 1 Applicability
These Terms and Conditions of Delivery and Payment apply to all legal relationships and agreements between On Eagles Wings Translation Services and the client. Any general terms and conditions of the client are excluded by these terms and conditions.
Article 2 Realization of agreement
1. An agreement shall be considered to have been concluded at the moment the assignment has been given by the client either by telephone, in writing or by e-mail and has been accepted by On Eagles Wings Translation Services. For each order placed, the client sends an order confirmation by e-mail to email@example.com. The (representative of) the organization that confirms the order confirmation is considered to be the client.
2. The order confirmation shall in any case state the (estimated) amount of words of the source text, the language in which the source text has been written and the language in which that text must be translated.
Article 3 Amendment of the Agreement
1. On Eagles Wings Translation Services shall comply with the conditions under which it entered into the order and which are included in the order confirmation, with the exception of cases in which this is deviated from in consultation with the client.
2. If the client wishes to make changes to, for example, the source text or delivery date after the order has been issued, On Eagles Wings Translation Services will only accept the changed text or conditions to the extent that it considers itself capable of carrying out the order under the new conditions. If it considers it necessary, On Eagles Wings Translation Services will adjust the delivery date on the basis of the change and charge an additional fee to the extent that the change increases the investment it has to make to complete the order.
3. A change to the source text made by the client after the order has been given cannot under any circumstances lead to an acceleration of the delivery or to a reduction of the originally agreed fee.
Article 4 Withdrawal of the agreement
If the client withdraws an order that has already been given, On Eagles Wings Translation Services shall charge all costs already incurred in connection with that order, including administration costs, the costs of that part of the translation that has already been done and loss of income due to time reserved for the order. Where appropriate, On Eagles Wings Translation Services reserves the right to charge the full amount that would have been due for the translation order.
Article 5 Implementation of the Agreement
1. On Eagles Wings Translation Services shall ensure that every order is carried out with the care of a diligent contractor. To this end, it shall inform the translator(s) of any explicit remarks and requests made by the client regarding the assignment, for example regarding terminology.
2. On Eagles Wings Translation Services is entitled to outsource assignments to third parties, provided that it remains explicitly responsible for the execution of those assignments itself.
3. If the source text is submitted electronically, the translation will be made in the same file. The original layout will be retained as far as possible. In the event of a complicated file layout, any additional costs will be charged to the client. If the source text is sent by fax or regular mail, the translation will be delivered in a file with a minimum number of layout codes, unless the client specifically requests that the original layout be maintained and On Eagles Wings Translation Services agrees to that request. In such a case, the additional costs of providing the layout will be charged to the client.
4. On Eagles Wings Translation Services shall make every effort to deliver the ordered translation to the client no later than on the agreed delivery date. However, this delivery date shall not be binding, and exceeding the set term shall in no case release the client from his payment obligations, unless such exceeding can be attributed entirely to gross negligence on the part of On Eagles Wings Translation Services.
5. On Eagles Wings Translation Services guarantees that the final version of the translation it delivers meets all its quality requirements. However, it only considers the translation to be complete once it has been approved by the client, after any modifications on his part.
Article 6 Fee and payment
1. The amount of the fee shall be determined by On Eagles Wings Translation Services and indicated on the order confirmation form. On Eagles Wings Translation Services bases its fee on either a word rate or an hourly rate, on the language combination, on any specific characteristics of the document and the text concerned and on any special requests or requirements from the client.
2. Invoices from On Eagles Wings Translation Services must be paid within fourteen days of the invoice date, or within the payment term stated on the order confirmation.
3. If the client fails to pay within the agreed period, he shall be considered to be in default by operation of law and On Eagles Wings Translation Services shall be entitled, without notice of default being required, to charge the client statutory interest plus 3% on the entire invoice amount, calculated from the due date of the invoice.
4. All possible judicial and extrajudicial costs incurred by On Eagles Wings Translation Services in connection with the collection of the amount owed by the client shall be borne by the client.
Article 7 Advertisements
1. The client is expected to check the translation (or have it checked) as soon as possible after it has been delivered by On Eagles Wings Translation Services in order to determine whether it meets its wishes and requirements in terms of quality and usability.
2. If the order delivered gives rise to complaints on the part of the client, the client must notify On Eagles Wings Translation Services of this within ten working days of the delivery date.
3. Expressing a complaint or demonstrating a shortcoming shall under no circumstances release the client from its payment obligations towards On Eagles Wings Translation Services with regard to the order in question.
4. On Eagles Wings Translation Services will only deal with complaints if they have been explicitly expressed and relate to demonstrable errors or shortcomings.
5. If it considers the complaint to be well-founded, On Eagles Wings Translation Services shall rectify the errors or defects indicated within a reasonable period of time.
Article 8 Responsibility
1. On Eagles Wings Translation Services can only be held responsible for damage that is directly and demonstrably the result of an error or shortcoming attributable to On Eagles Wings Translation Services. Furthermore, such responsibility shall be limited per event or series of events with a common cause to a maximum of the amount of the invoice in question. On Eagles Wings Translation Services can never be held responsible for any other form of damage resulting from such an error or shortcoming, such as, among other things, trading loss, damage caused by delay, immaterial damage, loss of profit or damage to reputation, unless On Eagles Wings Translation Services can be blamed for gross negligence. In the latter case too, however, the responsibility of On Eagles Wings Translation Services shall be limited to an amount to be determined by the court in order to do justice to the principle that the responsibility of On Eagles Wings Translation Services for any damage suffered by the client must be limited.
2. Clarity, ambiguity and other demonstrable defects in the source text release On Eagles Wings Translation Services from any responsibility.
3. On Eagles Wings Translation Services can never be held responsible for damage or loss of what has been made available to it for the execution of the order.
4. The client indemnifies On Eagles Wings Translation Services against claims from third parties on account of alleged infringement of intellectual property rights, of whatever nature, in connection with the execution of the order.
Article 9 Termination and dissolution
1. This agreement shall be considered terminated when both parties have fully complied with all their obligations under that agreement.
2. If the client fails to fulfil its obligations, as well as in the event of its bankruptcy, suspension of payments or liquidation, On Eagles Wings Translation Services shall be authorised to dissolve the agreement in whole or in part or to suspend its execution without any obligation to give notice of default or to pay damages.
3. If On Eagles Wings Translation Services is unable to fulfil its obligations under the agreement due to circumstances that cannot be blamed on On Eagles Wings Translation Services (including fire, accident, illness, riots, war, network disruption and government measures), On Eagles Wings Translation Services shall be entitled either to adapt the terms of delivery to the newly created situation or to dissolve the agreement without any obligation to pay compensation.
Article 10 Applicable law
All disputes and legal claims that may arise in connection with an assignment carried out by On Eagles Wings Translation Services shall be submitted to the competent Dutch court.
Article 11 Amendments to the Terms and Conditions of Delivery and Payment
On Eagles Wings Translation Services is at all times entitled to amend these Terms and Conditions of Delivery and Payment without further notice, but undertakes to inform its clients of such amendments at the first or earliest opportunity.
Filed with the Utrecht Chamber of Commerce under no. 57211183 .