In these General Terms and Conditions the following terms have the following meanings:
“Customer”: the natural or legal person who places an order;
“TransLocal”: the company which carries out the order as a contractor.
These General Terms and Conditions shall apply to all legal relations between TransLocal and the client, to the exclusion of the (general or purchasing) conditions used by the client, unless TransLocal has agreed to their application in writing.
2.1 All offers, cost proposals and price quotations of TransLocal are subject to change without notice.
2.2 The validity period of an offer is 1 month.
2.3 Price quotations and delivery periods may be revised at any time if TransLocal for the preparation of the price quotation and the delivery deadline have not yet been able to view or have not received the complete text to be translated or edited or the briefing The contract is concluded when TransLocal confirms the order placed by a client electronically, in writing or orally.
2.4 TransLocal may consider the person(s) who has placed the TransLocal has placed the order, unless he or she has clearly indicated that he or she is acting in the name and on behalf of a third party, and provided that the name and address of this third party are simultaneously communicated to TransLocal. Should this third party fail to meet its payment obligations, the original client who has acted on behalf of this third party guarantees the fulfilment of this obligation.
2.5 Agreements or promises made by representatives or employees of TransLocal are binding TransLocal only if these have been expressly confirmed in writing.
2.6 If TransLocal has reasonable doubts as to whether Client will be able to meet his payment obligations, TransLocal is entitled to demand a down payment from Client before the assignment is started or the performance is continued.
3.1 If the client changes the order after the contract has been concluded, TransLocal is entitled to adjust the delivery period and/or the fee or to reject the order after all. In the latter case, the client shall be obliged to pay for the part of the assignment already performed, and the provisions of paragraph 3 of this article shall apply analogously.
3.2 If an order is withdrawn by the Client, the Client shall be obliged to pay in full the part of the order already executed. In addition, the client may be required to pay a fee based on an hourly rate for research already carried out with regard to the remaining part. TransLocal is not obliged to make available to the client the part that has already been processed or translated. If TransLocal makes the already edited or translated part available to the client, the quality of the delivered part is not guaranteed.
3.3 If TransLocal has copywriting/translation capacities for the execution of the withdrawn, TransLocal may charge the client a fee of at least 50% of the fee for the part of the assignment that was not executed. This provision also applies to copywriting/translation capacity reserved by TransLocal for an assignment announced by the client and not yet executed.
4.1 TransLocal is obliged to execute the order to the best of its knowledge and ability and with expertise.
4.2 If the client asks TransLocal to treat the assignment as confidential, TransLocal will accept the order and all information provided by the client treat information as confidential and oblige its employees and translators to maintain secrecy. However, TransLocal is not liable for the breach of confidentiality by these employees and translators if TransLocal can show that it was unable to prevent the infringement.
4.3 Upon request, the client is obliged, if possible, to explain the content of the text to be translated/created/edited and, if available, to provide appropriate documentation and terminology.
5.1 The agreed delivery time is a target period, unless expressly agreed otherwise in writing. As soon as TransLocal discovers or foresees that timely delivery is not possible, TransLocal shall inform the client immediately.
5.2 In the event that the delivery period expressly agreed upon in writing is exceeded for reasons to be attributed to TransLocal, Customer shall be entitled to unilaterally dissolve the contract if performance is no longer reasonable. In this case TransLocal shall not be liable to pay any damages. Such dissolution shall not affect the customer’s obligation to pay for the part of the order already executed.
5.3 Delivery is deemed to have taken place at the time of dispatch by TransLocal by e-mail, ordinary or registered mail, courier service, etc.
5.4 The customer is obliged to cooperate fully in the delivery of the part of the order which is to be carried out on the basis of the agreement with TransLocal. Client shall be in default without reminder if he refuses to accept the performance, in which case the provision in Article 6.5 shall apply.
6.1 The prices stated by TransLocal are in Euro and exclusive of VAT.
6.2 The fee is based on the tariffs applicable at TransLocal, unless something else was agreed upon. In addition to the fee TransLocal may also charge the client for expenses incurred in the execution of the assignment. A minimum rate per language, language combination may be charged for each assignment.
6.3 The price indicated by TransLocal for the service to be performed shall only apply for the performance according to the agreed specifications.
6.4 TransLocal is entitled to increase the agreed price, if the client delivers more text than agreed upon, unclear texts or data files (in terms of content) or poorly legible copies, which require more work or costs from TransLocal than could reasonably be expected at the time the agreement was concluded. The above list is not exhaustive.
6.5 Invoices must be paid at the latest within 30 calendar days of the invoice date or within the other period stipulated by TransLocal in writing without any deduction, set-off or suspension.
6.6 In the event of late payment, the customer shall be in default immediately and without formal reminder. In the event of late payment, the customer shall owe the statutory interest on the invoice amount from the date of default until the date of full payment.
6.7 In the event of extrajudicial collection costs, a collection rate of 15% on the first 2,500 EUR of the principal amount with interest and a rate of 10% on the surplus, but at least 100 EUR per invoice, shall apply. All judicial and extrajudicial collection costs borne by TransLocal, including the costs of lawyers, bailiffs and debt collection agencies, shall be borne by the client.
7.1 Client shall notify TransLocal in writing of any complaints regarding the delivered goods as soon as possible, but no later than ten working days after delivery. The expression of a complaint shall not release the customer from his obligation to pay.
7.2 If Client questions the correctness of certain translation solutions and asks TransLocal for comments and TransLocal
If TransLocal is subsequently able to prove that the stated translations are not faulty, TransLocal shall be entitled to charge the client in full for the additional hours worked and other related costs.
7.3 If, after the expiry of the period referred to in paragraph 7.1, Client has not made any complaints, it shall be assumed that he has accepted the delivered goods in full, and complaints shall only be considered if TransLocal considers this desirable for moving reasons. Possible changes made by TransLocal to a part of the translated or edited text at the request of the Client do not mean that TransLocal acknowledges a faulty service.
7.4 If the complaint is justified, the customer must give TransLocal the opportunity to improve or replace the delivered product within a reasonable period of time; if TransLocal cannot reasonably comply with the request for improvement or replacement, TransLocal may grant a discount on the price.
7.5 Customer’s right of complaint shall expire if Customer has processed or had processed the part of the delivery to which the complaint relates, irrespective of whether he has subsequently passed on the delivery to a third party.
8.1 TransLocal is liable to the client exclusively for damages which the are the direct and demonstrable consequence of a defect attributable to TransLocal. TransLocal is never liable for all other forms of damage, such as indirect damages, consequential damages, business losses, damages caused by delay and loss of profit. The above list is not exhaustive.
8.2 TransLocal’s liability is in any case limited to the invoice value excluding VAT of the part of the order concerned which has already been invoiced and/or delivered.
8.3 Ambiguities and ambiguities in the text to be translated/edited are at the expense and risk of the client and release TransLocal from any liability.
8.4 The assessment of whether (the use of) a text to be translated or edited or the translation or editing delivered by TransLocal contains certain risks of personal injury shall be entirely at the expense and risk of Client.
8.5 TransLocal is not liable for damage to or loss of the translation or adaptation
documents, information or data carriers made available under the contract. TransLocal is also not liable for costs and/or damages resulting from the use of information technology and telecommunication means or from the transport or dispatch of information (carriers) or from the presence of computer viruses in the files or information carriers supplied by TransLocal.
8.6 The right to compensation expires six months after delivery of the translation or the edited text.
8.7 The customer shall indemnify TransLocal against all claims of third parties, resulting from the use of the delivered translation or the edited text.
8.7 The client shall also indemnify TransLocal against all claims of third parties for alleged infringement of property rights, patents, copyrights or other intellectual property rights in connection with the execution of the contract.
9.1 If the client fails to meet his obligations, if the client is declared bankrupt or his bankruptcy is applied for, if the client has applied for or been granted a suspension of payment, if the debt rescheduling arrangement for natural persons applies to the client, or in the event of the liquidation of the client’s company, TransLocal is entitled to dissolve the agreement in whole or in part or to suspend its execution without being obliged to pay any compensation. TransLocal may then demand immediate payment of the amounts due to it.
9.2 In the event that TransLocal is not able to fulfil its obligations due to circumstances beyond its control, such as force majeure, TransLocal has the right to dissolve the contract without being obliged to pay any compensation. Such circumstances include, but are not limited to, fire, accident, illness, death of employees (or close family members), strikes, riots, war, terrorist attacks, transportation restrictions, governmental measures, interruption of the services of Internet providers, negligence of suppliers or other circumstances beyond TransLocal’s control.
9.3 In the event that TransLocal has to stop the further execution of the contract due to force majeure, including illness, special leave etc., TransLocal reserves the right to compensation for the activities carried out up to that point in time and for the work done up to that point in time and the costs incurred.
Unless expressly agreed otherwise in writing, the copyrights to the translations and texts produced by TransLocal shall pass to the Client at the moment when the Client has fully complied with all his financial and other obligations to TransLocal with regard to the order in question.
11.1 All legal relations between the client and TransLocal shall be governed by Dutch law.
11.2 All disputes arising from the agreement shall be subject to the judgment of the competent court of the district in which TransLocal is established.
12.1 TransLocal is registered with the Chamber of Commerce and Industry under number 34188746.
12.2 These general terms and conditions are valid from 1.1. 2019 and are deposited with the Chamber of Commerce and Industry under number 34188746.
TransLocal, located at Oosteinde 44a, 1474MC Oosthuizen, is responsible for the processing of personal data as described in this privacy policy.
As a translation and advertising services agency, we work with personal data, both from our customers as from our translators and partners. We use this information in order to provide and carry out our services.
Personal data that we process
TransLocal processes your personal data by using our services and/or by making them available to us.
Below you will find an overview of the personal data processed by us:
– First and last name
– Address details
– Phone number
– E-mail address
– Other personal information that you actively provide, e.g. in correspondence (e.g. by e-mail or via a form on our website) and by telephone
– Account number.
With what purpose and on what basis we process personal data
TransLocal processes personal data for the following purposes:
– To be able to call you or contact you by e-mail if this is necessary to provide our services.
– To process payments to and from you.
– To provide you with services.
– TransLocal also processes personal information when we are required by law to do so, for example, information that we need for tax returns.
No automated decision making
TransLocal does not make decisions based on automated processing of matters that may have (significant) consequences for the individual. This includes decisions made by computer programs or systems without human involvement.
Contact and offer form
When you fill out the contact or quotation request form on our website, the information you send to TransLocal is kept for as long as the nature of the form or the content of your e-mail requires it to be fully answered and processed. TransLocal collects your name and e-mail address in this context, as you are now required to provide this information. Providing your organization name and phone number, if available, is optional. The personal information you provide will not be disclosed to third parties.
How long we keep your personal data
TransLocal will not retain your personal information longer than is strictly necessary to achieve the purpose(s) for which it is collected. We use the following retention periods for your personal information:
– Normal personal data (name, address, place of residence, telephone number, etc.) for as long as our business relationship is active, for as long as you allow us to do so and for as long as the legal accounting retention obligation applies.
– Normal personal data (name, address, place of residence, telephone number etc.) in our active databases within 1 year after termination of our business relationship. In accounting records as long as the legal obligation to keep records applies.
Sharing personal data with third parties
TransLocal will not sell your data to third parties and will only forward your data to third parties if this is necessary for the execution of our agreement with you or to fulfill legal obligations.
Cookies or similar techniques that we use
TransLocal does not use cookies or similar techniques.
View, adjust or remove data
You have the right to access, correct or remove your personal data. You also have the right to withdraw any consent you may have given to the processing of your personal data or to object to the processing of your personal data by TransLocal, and you have the right to data transferability. This means that you can submit a request to us to send the personal information we have about you in a computer file to you or to another organization you designate.
You can send a request for access, rectification, deletion, transfer or withdrawal of your consent or objection to the processing of your personal information to info@translocal.nl
TransLocal would also like to point out that you have the possibility of lodging a complaint with the national supervisory authority, the Personal Data Authority. This is possible via the following link:https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
How we secure personal data
TransLocal takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized modification. If you feel that your data is not secure or there are indications of misuse, please contact our staff at info@translocal.nl