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General terms and conditions1. General clause The translator's general terms and conditions take precedence over those of the client and, unless expressly agreed otherwise, the client waives his or her own conditions. 2. Completion time The completion time agreed in writing with the client shall commence when the original text and the definitive order for the translation are received, including payment if an advance payment is specified in the special conditions agreed on. 3. Liability
The translator is not liable if a delay in performing the work is due to illness, accident, temporary inability to work or general force majeure. The translator must, however, notify the client of this within a reasonable period. Further, the translator is not liable if the delay is the result of tardy delivery by third parties (courier services, post, etc.) or if 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) of the source text or the translation. The translator can accept no responsibility for defects in 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.
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 On
pain of invalidity, notification of any complaint must be sent
by registered letter within eight (8) days of the day on
which the translation is delivered. 5. Order cancellation In the event of a unilateral cancellation of the translation order by the client, compensation shall be payable by the client in proportion to the work already carried out, including prior terminological research. In addition, the translator is entitled to claim compensation for breach of contract equal to 20% of the amount agreed at the time of order (according to the quote, invoice or fee note). 6. Client’s capacity The client is considered to act in the capacity of the 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. 7. Translation and copyright The translator holds the copyright to 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 consent of the translator. 8. Order acceptance and confirmation The
client will enable the translator to assess the level of
difficulty of the text to be translated. 9. Payment The
translator's invoices or fee notes are payable immediately or on
the due date indicated thereon, net and without a discount. 10. Competent court In
the event of non-payment of the translator's invoice or fee
note, the court having jurisdiction is that of the translator's
domicile (for sole trader businesses) or the registered office
(for companies). 11. Mediation If no amicable agreement can be reached between the translator and the client, either or both parties may lodge a complaint with the Arbitration Board of the Belgian Chamber of Translators and Interpreters. However, at least one of the parties must be a member of the association. 12. Professional confidentiality and code of conduct The
translator is bound by a secrecy obligation. This involves not
disclosing the identity of the client, the content of the source
text or the translation itself. 13. Fee structure Translators
and interpreters are free to set their own fees. The Belgian
Chamber of Translators and Interpreters offers its members an
example of how prices can be calculated to enable them to reach
a certain level of income. |