GENERAL CONDITIONS OF SALE
These general conditions of sale apply to all language service orders the Client entrusts to Pegaso Traduzioni.
They are considered accepted when the Client signs the first estimate and no further acceptance is required for subsequent assignments. If substantial variations are made to these general conditions of sale they will be submitted to the Client for perusal, acknowledgement and acceptance.
1 ESTIMATES AND ORDERS
Estimates required for the language services offered by Pegaso Traduzioni are free of charge.
The Client shall provide all the information necessary to prepare a correct estimate (target language, country of destination, file format, type of recipient, required deadline and anything specific to be evaluated, etc.).
Orders must be confirmed in writing along with all the information and reference material necessary for the job in hand to be done in the best possible way (e.g. easy to read text, any available glossaries or specific technical terminology, images, text format). If the Client fails to let Pegaso Traduzioni know about any such important aspects of the service required it has no right to demand discounts if there are any resulting errors.
2 CHANGING OR CANCELLING AN ORDER
If the Client changes the order after it has been accepted, Pegaso Traduzioni reserves the right to modify price and deadline at its discretion.
The Client must notify Pegaso Traduzioni of all changes in writing.
A penalty will be charged for assignments in hand and later cancelled equivalent to 10% of the total fee agreed. Any part of the translation that has already been done is given to the Client and that part must be paid for.
If, for interpreting services, the Client cancels the service with less than 48 hours notice, a penalty can be charged equal to the total sum of the service plus the total refund of any and all expenses borne.
3 DEADLINE
Delivery of work shall always be agreed with the Client in accordance with Pegaso Traduzioni’s periodic planning schedule, guaranteeing maximum punctuality of the service. However, if it is ever impossible to keep to the agreed deadline Pegaso Traduzioni will notify the Client immediately and agree to a new one.
Delivery shall be considered made the moment Pegaso Traduzioni does so in a demonstrable manner (by e-mail, registered mail, etc.), and in accordance with the methods agreed. The Office always sends the final material by e-mail with a request to confirm receipt. The Client is kindly asked to confirm receipt of the material.
Under no circumstances can Pegaso Traduzioni be held liable for delays resulting from force majeure causes or from situations it has no control over like, for instance, a malfunction of the e-mail or of other delivery means.
4 RATES AND PAYMENTS
Page is the unit used for calculating a translation in the target language consisting of 25 lines, 55 keystrokes.
Rates are net of VAT and any refunds for shipping expenses, duty stamps, board and lodging, travelling expenses and the like.
There is a 30% increase on the ordinary rate for urgent translations/proofreading.
A supplement will be added for translations between two foreign languages ranging from 10% to 30% of the price.
Where applicable, a discount will be agreed (to be defined) for repeated text based on a Trados, or other CAT tool, analysis.
Unless agreed otherwise, the payment term is 30 (thirty) days from the date the invoice is issued. If the Client does not pay it will be required to pay the legal interest rate and all the other costs involved in debt collection including administrative expenses.
5 CONFIDENTIALITY AND PROFESSIONAL SECRECY OBLIGATION
Pegaso Traduzioni and its internal and external collaborators pledge to maintain the confidentiality of all the documents and information received from the Client as well as any other information they may come to know about when carrying out the assignment. The obligation to confidentiality remains valid also after the contractual relationship has ended.
6 COMPLAINTS
Any complaints the Client may have (to be communicated by registered letter) will be taken into consideration only within 10 working days from the date the work was delivered, on condition a detailed description is provided plus points about the content. Even in the case of a complaint the Client is not discharged from its obligation to pay. The only obligation that Pegaso Traduzioni has as regards to any errors reported within said term will be to correct the delivered file free of charge. Consequently, Pegaso Traduzioni shall not be held liable for any kind of extraordinary damage, direct or indirect, or claim made by a third party to the Client, deriving from services rendered, irrespective of the object or modality of the action or whether the damage is of a contractual or extracontractual nature.
7 ERRORS IN THE TRANSLATION
The following are considered translation errors:
– grammatical errors and spelling mistakes
– parts of the text that have not been translated;
– translations with a blatantly incorrect meaning.
The following cannot be considered errors in the translation:
– questions of style and personal taste;
– disagreements caused by possible ambiguity in the original text;
– protests about the terminology used unless the Client has provided sufficient and precise information.
8 PERSONAL DATA PROCESSING
Pursuant to Italian Legislation Decree 196/2003, the Client consents to the filing of its personal data for administrative purposes, it being its right to revoke such consent at any time.
Pegaso Traduzioni will not disclose the Client’s data to third parties without the Client’s consent.
9 COPYRIGHTS
Unless mentioned otherwise, Pegaso Traduzioni shall maintain the copyright of each and every translation produced by a translator.
In the case of a non payment, all representation or partial or total reproduction of said translation is illegal. Pegaso Traduzioni reserves the right to ask a Client who is using material that has not been paid for, for immediate payment of such material and, wherever applicable, the fee deriving from copyrights.
10 LIABILITY
Pegaso Traduzioni and/or its suppliers do not acknowledge any kind of warranty or condition regarding the services offered, including all implied conditions and warranties of merchantability and fitness for a particular purpose, ownership and the non violation of the rights of others. In no way will Pegaso Traduzioni and/or its suppliers be held liable for special damages, indirect or consequential or for other damages of any type resulting from the loss of the right of use, loss of information or loss of revenue, whether they are resultant of the fulfilment of the contract, of negligence or other detrimental actions deriving from, or in any way related to the services provided by Pegaso Traduzioni.
11 RESCISSION OF THE CONTRACT
Pegaso Traduzioni reserves the right to completely or partially cancel the agreement or suspend it without being liable to pay any compensation if the Client fails to fulfil its obligations, as well as in the case of bankruptcy, moratorium or winding up of the Client’s company.
If, for any reason, Pegaso Traduzioni is unable to fulfil its obligations due to force majeure causes, independent of its own volition, it may defer or end the agreement with no obligation to pay compensation.
12 APPLICABLE LAW AND COURT OF JURISDICTION
The services provided by Pegaso Traduzioni are subject to Italian law. Reggio Emilia will be the court of jurisdiction to settle any disputes.