Terms and Conditions

1. Scope of services

  1. Unless otherwise agreed in writing, any services the client has commissioned Martina Rosa Pasqualin (hereinafter “MRP”) to provide, shall be governed by the following terms and conditions.
  2. The client undertakes to let MRP know for which purpose the client wants to use the translation, for example if the translation will be used only for information, for publication and advertising, for legal purposes, in patent proceedings, or for any other purpose for which the special translation of the texts by the translator is significant.
  3. The client may use the translation only for the stated purpose. Should the client use the translation for a purpose other than that for which it was commissioned and provided, the client shall not have any right to claim compensation for damage from the MRP.
  4. A translation may be used in a context significantly different from the originally stated context or be subjected to multiple uses only with the MRP’s consent. In this case, MRP may claim a reasonable (additional) compensation, in particular if the dissemination of the text will or is intended to produce an economic profit.
  5. Whenever MRP is not informed of the purpose for which a translation will be used, she will create the translation merely for the purpose of information to the best of her knowledge.
  6. The client shall inform MRP in due time if MRP is supposed to use a particular terminology and shall simultaneously provide her with the necessary documents.

2. Translation fees

  1. Translation fees depend on the MRP’s rates. Translation fees are charged on the basis of characters of the text in the target language, rather than on the basis of pages: 1 line = 55 characters, 1 page = 30 lines.
    We will charge a minimum of EUR 50.00, plus legal value added tax, per assignment.
  2. Special requests must be agreed and paid separately.
  3. The target text (translation result) forms the basis of the calculation, unless flat-rate translation fees have been agreed.
  4. Should a lawyer or notary retain MRP to produce a translation and ask her to issue her invoice to his or her client, MRP will do so only if the lawyer’s or notary’s client confirms in writing that he or she accepts and will pay the translation fees. This shall not affect the commissioning lawyer’s or notary’s joint and several liability.

3. Delivery

  1. The client shall explicitly inform MRP in advance if the date of delivery is a significant part of the assignment MRP has accepted. As a condition for MRP observing the delivery period, she must have received in due time all documents to be provided by the client in the stated scope (such as source texts and any necessary background information), and the client must have fulfilled all agreed terms of payments and other obligations. If these requirements are not met in due time, the deadline for the delivery of a translation shall be extended accordingly.
  2. The client may withdraw from the contract if MRP does not observe the delivery period only if a fixed-term delivery period was agreed and the client has met all requirements according to Section 3.1. The client shall have no right to claim any compensation except in case of any damage caused by intent or gross negligence.
  3. Unless otherwise agreed, a translation will be sent via e-mail.
  4. The risks involved with transmission via email shall be borne by the client.
  5. Unless otherwise agreed, MRP will retain any documents the client has provided to MRP after completion of the assignment, and MRP shall have no obligation to keep or otherwise handle any such documents. Where reasonable, MRP shall ensure that the documents cannot be used in any other manner contrary to the terms of the contract.
  6. All records or documents provided will remain MRP’s property until the fees for the assignment were paid in their entirety. The client will assign the purchase price claim to MRP with the sale of the delivered records or documents.

4. Force majeure

  1. MRP shall inform the client immediately if any event of force majeure occurs. Both MRP and the client may withdraw from the contract in case of force majeure. However, the client shall reimburse MRP for reasonable expenses incurred or services already provided.
  2. Events of force majeure include, but are not limited to
    coincidence; labour conflicts; acts of war; civil war, occurrence of unforeseeable obstacles which decisively affect MRP’s ability to carry out the assignment as agreed.

5. Warranty

  1. Any notice of defects regarding the quality of a translation shall be given within four weeks of delivery (via e-mail) of the translation. The client shall explain defects in reasonable detail in writing and furnish evidence thereof.
  2. The client shall grant MRP a reasonable period of time to improve a translation. If he refuses to do so, MRP shall not be liable for any defects. If MRP remedies the defects within the reasonable period of time set by the client, the client shall not be entitled to any reduction of the price.
  3. If MRP fails to remedy the defect within the reasonable time set, the client may withdraw from the contract or request a reduction of the price. Should the client withdraw from the contract, the client shall return to MRP all translations created by MRP and shall neither use nor exploit these in any way. The client may not withdraw from the contract and is not entitled to a reduction of the price if the defects are only minor in nature.
  4. Warranty claims shall not entitle the client to retain agreed payments or to offset claims.
  5. MRP shall not be liable for defects if MRP was commissioned to translate documents that are difficult to read, illegible or incomprehensible.
  6. Stylistic improvements or alignments of specific terminology (including but not limited to terms that are typical of a particular industry or a business undertaking) etc. shall not be recognised as deficiencies of a translation.
  7. MRP shall not be liable for defects in connection with abbreviations which are specific to an assignment and were not explained by the client when the assignment was awarded.
  8. MRP shall not be liable for the correct transcription of names or addresses in originals that are not written in Latin characters. In these cases, the client is advised to spell names and proper names in capital Latin letters on a separate sheet of paper and to email a scan in pdf format, tif format or JPEG format to MRP. This shall also apply to names, addresses and numbers in vital records and other documents that are difficult to read.
  9. Numbers are represented according to the original. MRP accepts no liability for the conversion of numbers, measurements, currencies and the like.
  10. If translations are transmitted via data transfer (such as e-mail), MRP shall not be liable for defects or impairments resulting therefrom (such as viruses, violation of secrecy obligations), unless she has acted with gross negligence. The client expressly agrees that any correspondence with MRP may take place via e-mail, despite the general security risks inherent in e-mail correspondence.

6. Damages

  1. Unless otherwise provided by mandatory law, all claims for damages vis-à-vis MRP shall be limited to the (net) invoice amount, unless the damage was caused by gross negligence or wilful intent. MRP shall not be liable for lost profit or consequential damage, unless mandatory legal provisions provide otherwise.
  2. Claims for damages shall in any event be limited to an amount of EUR 10,000.

7. Payment

  1. Unless otherwise agreed, payment shall be made in cash when the translation is handed over to the client or immediately upon receipt of the invoice by bank transfer into the bank account indicated by MRP. MRP may ask for a reasonable payment on account. In case of large assignments, MRP may also ask for advance payment of the total contract value. MRP shall so notify the client before she starts to work on an assignment. MRP may wait for the full payment on account to arrive before she starts to work on a translation assignment. If it was agreed for the client to collect the translation and the client fails to collect a translation in due time, the client’s payment obligation shall commence on the date on which the translation is made available for collection.
  2. In case of late payment, MRP may retain any documents provided for an assignment (such as manuscripts to be translated). In case of late payment, default interest at a rate of 8% above the base rate will be charged. For consumers the legal interest rate of 4% applies.
  3. In case of non-compliance with the terms of payment agreed between the client and MRP, MRP may stop working on a translation assignment until the client has fulfilled his payment obligations. This applies also to assignments with fixed delivery dates. Should MRP stop working on a translation assignment, the client shall not be entitled to any legal claims and MRP shall not be prejudiced in her rights in any way.

8. Copyright

  1. MRP is not obliged to check if the client has the right to translate or have the source text translated. The client guarantees that he holds all those rights of third parties which are necessary to carry out the assignment.
  2. The client will acquire only those rights which correspond to the indicated intended use. In case of publications, MRP shall reasonably be named as the author of the translation.
  3. The client shall hold harmless and indemnify MRP for and against any claims asserted by third parties on the grounds of infringements of copyrights, rights related to copyrights, other industrial property rights, or personal rights, even if the client does not inform MRP of the intended use of a translation or uses a translation for purposes other than the indicated purposes. MRP undertakes to inform the client immediately of such claims. If the client does not join judicial proceedings despite a third-party notice, MRP may accept plaintiff’s claim and seek recourse against the client, whether or not the claim accepted was lawful.

9. Professional Secrecy

  1. MRP must observe professional secrecy and shall ensure that her subcontractors accept an undertaking of secrecy as well. MRP shall not be liable for any breach of this obligation by subcontractors, unless she has selected these with gross negligence.
  2. Place of Performance, Governing Law, Jurisdiction
  3. Place of performance shall be MRP’s domicile. The contract shall be governed by and construed in accordance with Austrian law, to the exclusion of the conflict of law rules of Austrian law and the UN Sales Convention. Unless mandatory provisions of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) provide otherwise, jurisdiction shall lie with the court that is competent, ratione materiae, at MRP’s domicile.

10. CONSUMERS’ RIGHT TO WITHDRAW FROM CONTRACTS CONCLUDED AT A DISTANCE

  1. If the client is a consumer according to Section 1 of the Austrian Consumer Protection Act, he or she may withdraw from a distance contract according to Section 3 (2) of the Distance Selling Business Act (hereinafter “FAGG”) or an off-premises contract according to Section 3 (1) FAGG within 14 days without stating any reasons (Section 11 FAGG). The withdrawal period will commence on the date on which the contract is concluded. There is no obligatory model withdrawal form. To exercise the right of withdrawal, the client must inform us of his decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for the client to send the communication concerning the client’s exercise of the right of withdrawal before the withdrawal period has expired.
  2. If the client withdraws from the contract, MRP will reimburse to the client within 14 days, at the latest, all payments received. MRP will carry out such reimbursement using the same means of payment as client used for the original transaction. No fees will be charged in any event.
  3. If the client wants MRP to commence to perform the contract prior to the expiry of the 14-day withdrawal period, the client shall ask MRP in writing to prematurely commence to perform the contract (Section 10 FAGG). A model form is attached as ANNEX 1.
  4. If the client withdraws from the contract according to Section 11 FAGG after he has asked MRP to prematurely commence to perform the contract according to Section 10 FAGG and if MRP has already commenced to perform the contract, the client shall make a payment proportionate to the services already provided by MRP compared to the originally agreed total price.

11. SEVERABILITY

  1. Should certain terms hereof be invalid, this shall not affect the validity of the remaining terms hereof.

12. WRITTEN FORM

  1. Any amendments and modifications of these terms and conditions and any other agreements shall be made in writing.

 

 

Annex 1

Express request to immediately conclude a contract according to Section 10 FAGG and acknowledgement of legal consequences

I __________________________________(name and address) hereby explicitly ask you to start the translation job immediately, hence prior to the expiration of the 14-day period for withdrawal from a distance contract according to Section 11 FAGG and to complete the translation prior to that deadline.

I acknowledge that I will lose my right to withdraw from the contract as soon as the translation is completed prior to the withdrawal period.

_________________, [date] __________________

 

Download Terms and Conditions