- General Clause : For the purposes of these terms and conditions, the term "translator" designates Valérie Geradon Traduction and the term "client" designates any person, legal or natural, represented by the signatory of the quotation. The translators general conditions take precedence over those of the client. The latter waives the application of his/her own conditions, unless expressly agreed otherwise. These terms and conditions apply specifically to the following services: translation and revision of documents.
- Terms of Delivery : The delivery time (indicative or not), agreed in writing or orally with the client, shall commence upon receipt by the translator of the quotation signed for approval.
- Liability :
a. Translator's Liability
If the deadline is compulsory, the client may, when the completion of the work is delayed, claim compensation, which may not exceed 10% of the total price of the order. Whether the deadline is indicative or not,the translator is not liable when delay in performing the work is due to:
-illness, accident, temporary inability to work or general force majeure;
-lack of documents necessary for the proper execution of the service;
-changes required by the client during the course of the work;
-tardy delivery by third parties (courier services, post, etc.)
In the event of illness, temporary inability to work or force majeure, the translator must, however, notify the client of this within a reasonable period. The translator shall not be responsible for the loss by third parties (post, courier services) of the source text or the translation. Nor shall the translator be held responsible for any damage to the source text and/or the translation during transport. The translator can accept no responsibility for defects to the text supplied by the client. The translator accepts liability for the quality of the translation made insofar as it is used in its entirety and unchanged. The translator does his best to integrate the information provided by the client into the translation (glossaries, plans, drawings, abbreviations, etc.).
b. Client's Liability
Prior the execution of the agreement, the client shall provide the translator will all the information necessary for the proper performance of the requested services. If the client fails to inform the translator, the latter shall not be held responsible for any discrepancies.
Complaints: Conditions for Submission and Substantiation : On pain of invalidity, notification of any complaint must be sent by e-mail (email@example.com) or by post (rue de Mouhin, 8, 4300 Waremme, Belgium) within eight days of the date the translation is delivered. Every invoice that is not protested within eight 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 eight days, must be substantiated in detail using dictionaries, glossaries and similar textual material written by authoritative native speakers. 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.
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. The translator undertakes to act in good faith and can, if desired, provide evidence that the work has already started.
Modification of the Translation Order : In the event of changes to the source text or the addition of texts after the translator has drawn up a quotation, a new quotation is drawn up and sent to the client, who signs it for approval.
The Client's Capacity : The client is considered to act in the capacity of author of the text to be translated and expressly authorises its translation in compliance with article 12 of the Belgian law of 22 March 1986 on copyright.
Translation and 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.
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. Once the text has been reviewed, the translator sends a quotation, and the terms and conditions to the client. The contract is formed when the translator receives the quotation, signed for approval. If the acceptance of the quotation is not received within 48 hours, the quotation shall be deemed to have expired.
Payment : The translator's invoices are payable immediately, net, without discount. In the absence of any indication to the contrary, the invoicing address shall be the one indicated by the client when requesting a quotation. Invoices are payable within 30 days of the date of issue of the invoice by bank transfer to account number BE27 1431 2086 8973 opened in the name of GERADON Valérie (BIC: GEBABEBB). 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. Any order over 1,000.00 euros may be subject to a deposit, the percentage of which will be specified on the quotation.
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 conditions are governed exclusively by Belgian Law.
Mediation : If the translator and client do not succeed in settling a complaint amicably, either party may submit a complaint to the Arbitration Board of the Belgian Chamber of Translators and Interpreters (BKVT/CBTI).
Professional Confidentiality and Code of Conduct : The translator is bound by a secrecy obligation. This involves the non-disclosure of the identity of the client, the content of the source text and the translation itself. The translator shall not be responsible for any interception or misappropriation of information during the transfer of documents. As member of the Belgian Chamber of Translators and Interpreters, the translator always undertakes to deliver good quality translation work.
Fee Structure : The total price of a translation or revision is calculated on the basis of the length of the text to be translated, plus any fixed costs (such as those related to sworn translations). The price is based on the current tariffs in Belgium. We note explicitly that the translator has the right to charge extra for urgent work, evening work, weekend or night work. In such cases, the translator will cite the extra charge in the quotation she sends to the client.
Severability Clause : The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of the remaining provisions. In such a case, the parties undertake to replace the invalid or unenforceable provision with a valid one, that comes closest, in economic terms, to the meaning and purpose of the invalid or unenforceable provision.