General Terms and Conditions NUYTTEN LEGAL TRANSLATIONS
1. General Clause
NUYTTEN LEGAL TRANSLATIONS is referred to hereinafter as “the translator”.
The translator’s general terms and conditions take precedence over those of the client and, bearing explicit stipulations to the contrary, the client waives his own general terms and conditions.
It is the client’s responsibility to check the translator’s general terms and conditions prior to placing an order.
2. Terms of Delivery
The term of delivery agreed in writing with the client commences when the original text and the definitive order for the translation are received. The agreed term of delivery is an estimate only. The translator will make every endeavor to comply with this date, but shall not be held liable for any damage or loss arising directly or indirectly from his failure to comply with this date.
A. Translator’s Liability
The translator accepts liability for the quality of the translation carried out, provided it is used in its entirety and unchanged. The translator will provide a clear and accurate translation, but cannot guarantee performance to the subjective preference of the client.
For a translation intended for publication, the translator accepts liability for any errors or omissions only if the galley proof is submitted to the translator for a final check before printing.
The translator reserves the right to outsource all or part of the non-legal translations to a contractor of his choice.
The translator is not liable when delay in performing the work is due to illness, accident, temporary inability to work or general force majeure (including black-out, no Internet access…). The translator must, however, notify the client of this within a reasonable period.
Further, the translator is not liable when the delay is the result of tardy delivery by third parties (courier services, post, etc.) or when the source text and/or the translation is damaged during shipment. Nor shall the translator be responsible for the loss by third parties (post, courier services, etc.) of the source text or the translation.
The translator can accept no responsibility for defects to the text supplied by the client.
B. Client’s Liability
Prior or during the execution of the agreement, the client shall provide the translator with all the information necessary for the proper performance of the requested services.
4. Complaints: Conditions for Submission and Substantiation
On pain of invalidity, notification of every complaint must be sent by registered letter within 8 days of the day the translation is delivered.
Every invoice that is not protested within 8 days is considered as accepted. A complaint does not suspend the term of payment.
Complaints or disputes on non-conformity of the translation, formulated within the time period stipulated in this article, must be substantiated in detail using dictionaries, glossaries and similar textual material written by authoritative native speakers.
Any required corrections will be implemented free of charge for the client, within a reasonable time frame, without entitling the client to any damages however.
The unmotivated refusal of a translation is no reason for failure to pay the invoice.
If, after the translator researches the complaint disputes still remain about the quality of the translation, the translator or the client can submit them to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI). The Arbitration Board restricts its pronouncement to the conformity of the translation to the source text.
5. Cancellation of the Translation Order
When the client unilaterally cancels the translation order, the client will owe compensation. This compensation will consist of the cost of all the translation work effectively done and the preparatory terminological research. In addition, the translator may demand a cancellation fee for breach of contract equal to 20% of the amount of the invoice.
6. The Client’s Capacity
The client is considered to act in the capacity of author of the text to be translated and expressly authorizes its translation in compliance with article 12 of the Belgian Act of 22 March 1986 on copyright.
The translator holds the copyright on the translated text. The text may not be reproduced in any form, in whole or in part, or in any manner, even electronically, without the express prior written permission from the translator.
8. Acceptance and Confirmation of the Translation Order
The client will enable the translator to assess the level of difficulty of the text to be translated. The translator will always immediately confirm the acceptance of an order offered and accepted over the telephone, citing the agreed upon fee and term of delivery.
A copy of the translator’s general terms and conditions will be sent with the written confirmation. After receiving the order confirmation, the client will sign it and return it to the translator within 24 hours for approval. Written confirmation of this agreement by the client will constitute official proof of the order.
The translator’s invoices are payable within 15 days of the invoice date or on the due date mentioned on the invoice.
Upon failure to pay all or part of the amount owed by the due date in the absence of grave reasons, and after a futile notice of default, the amount due is increased by 11% with a minimum of 50.00 EUR and a maximum of 1,500.00 EUR, even when a grace period is granted.
The place of payment is the translator’s domicile.
10. Competent Court
The sole court with jurisdiction over all disputes between the translator and client is that of the translator’s domicile. The present general terms and conditions are governed exclusively by Belgian Law.
11. Professional Confidentiality and Code of Conduct
As a member of the Belgian Chamber of Translators and Interpreters, the translator always undertakes to deliver good quality translation work. The translator is bound by a secrecy obligation. This requires the translator to respect the confidentiality of information relating to the identity of the client and the content of the source text and/or the translation before third parties unless this information should be required by government authorities as part of an official investigation. The translator is authorized, however, to mention in his promotional materials, including on his website and on social media, that he works for the client.
12. Fee Structure
The translator is free to set his own rates. The rates are mentioned in the quote or order confirmation.
The translator has the right to charge extra for urgent work (i.e. any texts of more than 600 words that need to be translated within 48 hours), evening work, weekend or night work or when the task requires the translator to perform substantial terminological research. In such cases, the translator will cite the extra charge in the order confirmation he sends to the client.
The cost of delivery by registered mail and/or international shipments shall be borne by the client.