General Contractual Conditions

General Contractual Conditions

 

General Contractual Conditions

Unless otherwise agreed, the Translation Agency (hereinafter referred to as "the Agent") undertakes to fulfill orders from the Client on the following terms.

1. Nature, purpose and scope of the service

1.1 The Translation Agency's primary services are: written or oral translation (interpreting), proofreading, official translation, certification. 

Written translation is defined as any service which involves the transposition recorded on an electronic or paper medium of a text recorded on an electronic or paper medium from one language to another. The nature of translation may be Literary, Professional, Technical, or Administrative.

Oral translation, hereinafter referred to as 'interpreting', shall mean any service, which results in the audio reproduction of the meaning of orally pronounced information in the target language different from the one that was used to compile it, either directly or by electronic means, enabling real-time cross-linguistic communication either face-to-face, in a conference setting, over the phone or online. It can also be called oral translation, real-time translation or personal translation.

Proofreading is the act of reviewing and fixing errors within the draft translation produced by a translation agency or other service provider for accuracy and style by matching the source and target texts according to the requirements of the living language, and the technical terms used befitting the terminology of the given profession.

1.2 In the case of written translations, the Client must state the purpose of the translation in the order. The purpose of the translation can have a major impact on the quality of the translation. These may include, for example:

  • Content translation, information for internal use
  • Publication for advertising purposes, or release of any kind (e.g. leaflets, press releases)
  • Legal purposes, e.g. in patent and/or other proceedings
  • Official Translation (e.g. translation of documents for use abroad)
  • Certified Translation (company documents, company contracts, copy of company register, etc.)
  • Other purposes that may be relevant in connection with the end product

 

1.3. If the Client uses the translation for a purpose other than that specified in the order, any damages or consequences arising from the use of the translation for a different purpose shall be borne by the Client.

1.4.If the purpose of the translation was not disclosed to the Agent when commissioning, the Agent shall, to the best of its knowledge, prepare the translation as if the Client had ordered a translation for information purposes.

1.5 The Agent shall not be liable for the accurate translation of specific terminology that is not yet publicly available, unless the Client has provided the Agent with such terminology together with the order.

1.6 In a prior agreement with the Agent, when commissioning the Client may request that the translation be processed using an appropriate computer word processing system and delivered both in print and on data media, and that the translation be archived on data media by the Agent for any further changes planned to the translation.

2. ORAL TRANSLATION, INTERPRETING

2.1 Consecutive interpreting

When performing consecutive interpreting, the interlocutors pause every few sentences, at the end of a line of thought, and wait for the interpreter to best convey with the utmost accuracy both the meaning of the words and the context in which those words were used.

2.2 Simultaneous or synchronous interpreting

Simultaneous or synchronous interpreting involves (virtually) synchronously verbally rendering one spoken language into another while the presenter is speaking without direct contact between the presenter, the listener or the person who is providing the interpretation.

Simultaneous interpreting requires two interpreters per language to remain continuous. The interpreters sit in a booth, follow the speaker through headphones and speak into a microphone the translated text.

2.3 Interpreting is provided on-site or online.

2.4. Fees of interpreting services

The fees related to interpreting services shall be determined by the Agent’s current price list or quote for a specific commission. The Agent is entitled to set a minimum fee. The basic unit fee for oral translations and interpreting services corresponds with time spent on the assignment, including, but not limited to the time spent traveling to the location, breaks and meals for assignments in rural areas or abroad.

Online interpreting (Zoom, Google Meet, etc.) is charged on a time spent basis.

3. QUOTATION 

A quote is valid only if the exact nature of the work is known to the Agent, in writing and for a period of 1 month from the date of issue.

If the Client does not specify the nature of the oral translation and does not provide the Agent with supporting material or, in the case of a written translation, does not provide the Agent with the document to be translated at the time of the request for a quote, the Agent shall only provide an indicative quotation, and only upon receipt of the debriefing material, or a description of the oral translation, or the document to be translated, shall either confirm or issue a new binding quote, and the work shall commence upon acceptance of the latter.

 4. DEADLINE

The deadline for translation and proofreading can be either standard or express.

Standard deadline for general texts up to 10 000 characters is 2-3 days for basic languages. The date of delivery is not included in the normal deadline, however, it can be agreed otherwise in specific cases. 

If the Client requests a large volume of material at short notice, the Agent is entitled to invoice an express surcharge.

5. COMMISSIONED QUANTITY

The Client acknowledges that the minimum quantity to be undertaken by the Agent is one page standard texts of 1500 characters including spaces and 2000 characters for documents or legal texts. If the text volume to be translated is less than this, the Client acknowledges that the fee will be based on the target language translation and will be calculated on the basis of the above.

The translation deadline shall be determined by both the Agent and the Client in the light of the text volume to be translated.

 9. CONFIDENTIALITY

The Agent shall handle the material provided as confidential and shall not disclose its contents to third parties or make it public.

 10. OFFICIAL OR CERTIFIED TRANSLATIONS

Official Translation

Our Certified Official Translations - requested when planning to study or work abroad for instance - are approved by nearly all recipients. Nevertheless, in all cases, the responsibility shall be borne by the Client to check with the host organization prior to submitting any certified documents that the Certified Official Translation Agent provides, meets the host organization’s requirements.

Authentic translation

In certain cases, only the Hungarian Office for Translation and Attestation (OFFI Ltd) can provide Authentic Translations (e.g. in the case of naturalization).

DECREE NO 24/1986 (MAY 26, 1986) ON SPECIALIZED TRANSLATION AND INTERPRETING

"Article 6/A Certified translations of company certificates, as well as certified translations of the data to be entered in the Commercial Register and of company documents into any official language of the European Union of the company's choice, shall also be carried out by qualified translators or translators/proofreaders."

 11. WARRANTEE

The Agent warrants the quality of the translation. If the Client raises a legitimate objection in writing within 48 hours regarding the submitted translation, the Agent shall be obliged to correct the translation free of charge. The guarantee shall also cover a longer period in the case of a larger translation.

 12. EXECUTION OF THE COMMISSION

The Client shall state in the order if the date (hour) of submission of the translation by the Agent is of paramount importance.

Compliance with the completion date (hour) is conditional upon receipt by the Agent of all documents required for the translation in accordance with the commission. If these conditions are not met in time, the deadline for performance shall be extended accordingly.

Delay shall entitle the Client to withdraw from the contract only if this has been expressly stipulated in the contract. Any delay incumbent upon the Client shall exclude the Agent's responsibility for delay in performance. In the event of a lawful withdrawal, the Agent may only claim reimbursement of its reasonable costs.

The Agent shall not be liable for any damage to translations delivered electronically (e.g. by e-mail) or for their timely serving the Client.

The Client accepts that the Agent may engage a third party to carry out the commissioned work. In this way, the service rendered by the third party is conveyed by the Agent to the Client.

 13. FORCE MAJEURE

A force majeure (unavoidable external cause) shall terminate the contract between the Client and the Agent. The Agent may claim consideration for costs and partial performance.

 14. GUARANTEE OF QUALITY

14.1 The Agent shall render excellent quality texts from a source language into a target language while preserving meaning, moreover, in a manner suitable for the purpose of the translation. Any claim regarding the quality of the translation shall be made within two weeks of delivery in the case of a written translation, or within one week of its completion in the case of an oral translation. Any claim for damages against the Agent may be lodged within the same period. The Client must give reasons for any translation deficiencies and submit them in writing to the Agent.

14.2 In the case of a written translation, the Client shall provide the Agent with the opportunity and sufficient time to correct any actual deficiencies of the end product. If the Client refuses to do so or requests a third party to remedy the deficiencies, the Agent shall be discharged from the obligation to remedy the deficiencies. If the Agent completes the correction work within the allotted time, the Client shall settle the Agent's invoice in full, unless the Client has suffered demonstrable damages as a result of the delay, or if the deadline has been stipulated in accordance with Clause 3.1.

In the case of oral translations, the Client shall be obliged to support its claim for defects in the interpreting with three unanimous and unbiased opinions, each of which shall be signed. Failing this, the Client shall pay the Agent’s invoice in full.

14.3 If the Agent fails to correct the deficiencies within the extended deadline available, the Client may withdraw from the contract or request a reduction of the fees. In case of insignificant minor defects, the Client shall not be entitled to withdraw from the contract. An error shall be deemed to be ‘insignificant’ if the translation deficiency detected in the text does not alter meaning or intent.

14.4 Requests for rectification do not entitle the Client to withhold any contractual payments due.

14.5 In the case of translations to be published by printing or by other means, the Agent shall only be more so liable for any translation deficiencies if the Client has acted in accordance with clause 1.3.2 and if the Agent has had the opportunity to double check the proofs or otherwise carry out final proofreading. In this case, the Agent may charge a separate fee for proofreading.

14.6 In the case of written translations, no warranty shall apply to translations of documents that are difficult to read (handwritten or blurred), illegible or meaningless.

In the case of oral translations, no warranty shall be given for interpreting of source language in special dialects, or in technical conditions which exceed the speed of normal speech, or are of poor quality (which reduce the frequency range of the human ear's perception by more than 30% or otherwise seriously limit the usability of the equipment), or which cannot be interpreted in the source language either.

14.7 If the Client fails to communicate to the Agent any stylistic requirements (modifications), special terms (especially those used by the Client within the industry or within the Company) and the meaning of undefined abbreviations at the time of placing the order, any related wording shall not be deemed to be considered as translation deficiencies.

14.8 The Agent shall not be liable in any way for the transcription of names and addresses in non-Latin characters or from non-Latin characters. In such cases, it is recommended that the Client provides the transcription of names and particular nouns. 

14.9 Reproduction of figures shall be based on the manuscript. The Agent accepts no responsibility for the conversion of figures, measurements, currencies and the like.

14.10. The Agent shall not be liable for any errors, omissions, ambiguities or mistranslations in the text submitted for translation, or for translation errors resulting from text, which cannot be interpreted in the source language.

14.11. The Agent undertakes to engage all persons who have access to the document to be translated or to the translation itself to keep the content of the text confidential

15. COMPENSATION

The Agent shall be liable for any damage caused to the Client in the course of performance of the translation services in accordance with the general rules of the civil law. Agent shall not be liable to compensate the Client for the part of the damage relevant to the Client's conduct. The Agent shall be accountable for loss of profit only if Client proves an express causal link with the translation

16. PAYMENT

16.1. First commissions shall be paid in full in advance in cash or by wire transfer.

For orders over HUF 50 000 it is required to conclude a contract. Half of the price of the translation fee is to be paid at the time of contracting and the second half before delivery of the translation, unless otherwise agreed in the contract.

Agent is able to issue invoices in both HUF and EUR.

In the case of a written translation, the Client may request a modification of the translation already completed and delivered. If the amended text does not clearly indicate the changes from the previous version, the Agent shall be entitled to invoice the Client for proofreading the entire text and, if the Agent has archived the text on a data medium using its own equipment, the Agent shall be entitled to charge the Client for the archiving fees. If the Client only orders the transcription of the changes and marks the changes clearly in the document to be translated, the Agent shall only translate the marked parts and shall only invoice the Client for the translation of the already translated parts of the text including other additional costs.

16.2 In the event of late payment, the Agent may suspend the execution of further commissions, moreover, the Client shall be charged twice the base rate indicated by the Hungarian Central Bank.

16.3 The service rendered by the Agent shall be considered intellectual property. The intellectual property rights are reserved to the Agent until full payment of service fees. The license for use shall only be deemed granted upon full payment of the invoice.

16.5 In the event of late payment by the Client, the Agent reserves the right to suspend any further translation assignments it already received until full payment of the amounts due. This clause shall also apply to commissions by Client for which the parties have agreed on a fixed delivery deadline. 

 17. SETTLEMENT OF DISPUTES, JURISDICTION

17.1 The contracting parties shall make every effort to encourage peaceful settlement of any disputes between them.

17.2 In any dispute arising out of the contractual relationship the competent court of law of the Agent's place of business has jurisdiction. 

 18. OBLIGATIONS ARISING FROM THE CONTRACT

The invalidity of one clause of the present contract shall not affect the validity of other clauses of the contract.

Budapest, September 9, 201

 

Margit RATKAI

 

Managing Owner