General Terms and Conditions
General Terms and Conditions for Service Provision
1. Subject
These General Terms and Conditions for Service Provision (hereinafter, “General Terms”) govern the business relationship between VOBIX (hereinafter, “The Agency”) and the client (hereinafter, “Client”) regarding the execution of the language services provided by The Agency. If both parties decide to operate under specific Particular Terms and Conditions, these shall prevail over any terms and conditions that conflict with those set out in the General Terms, without altering the integrity of the remaining clauses. The possible invalidity of one or more provisions of these General Terms shall not affect the validity and enforceability of the remaining provisions.
The Source Material delivery for the preparation of the Quote implies the Client’s acceptance of all General Terms.
The Client’s own General Terms shall be enforced upon The Agency’s explicit and written electronic acceptance. Upon the first Assignment, it shall be assumed that the Client has accepted the General Terms without requiring additional confirmation, unless modifications to the General Terms occur within the designated period specified in clause 15 (“Modifications to the General Terms”). The Client is solely accountable for staying informed about these General Terms.
2. Definitions and Services provided
2.1 Definitions
Client: a person, company, organization, corporation, institution, or any person that is authorised to represent the aforementioned entities, who acquires services from The Agency, known as a supplier or provider. The Client is the entity who purchases or uses the services of The Agency. This relationship typically involves a financial transaction.
Collaborator: a language service expert who collaborates collectively or cooperatively with other professionals, either internal or external to The Agency, under the Agency’s brand. Their native language is the language into which the content of the Source Material is conveyed. Collaboration entails the shared utilisation of skills, knowledge, or efforts to achieve common goals.
Assignment: a specific formal request or order for a language service that the Client requests from The Agency to meet their communication needs in different languages. The Assignment may cover a variety of services, such as Translation, Interpreting, Proofreading, or any other activity related to language processing. It includes details of the type of service required, the languages involved, the delivery dates, the type of audience the service is targeted to, and any specific requirements the Client may have.
Glossary: an organised compilation of terms and expressions that are relevant and specific to the linguistic field in which one works. This resource provides definitions or equivalent terms in different languages, together with additional or contextual explanations. It is essential for ensuring terminological consistency and accuracy throughout language projects, thereby contributing to clearer and more coherent communication in multiple languages.
Target Language: the language into which the content of the Source Material is translated. It is also known as «destination language», «receptive language» or «objective language».
Source Language: language of the text or speech in which the Source Material is written or spoken. It is also known as «original language» or «input language».
Interpreting: the process of orally transferring in real time a speech during a conversation, lecture, presentation, conference, or other event from a Source Language to a Target Language.
Final Interpreting: it refers to the culmination of orally transmitting messages into the Target Language, signifying the successful delivery of interpreted messages during a designated event, meeting, or any other oral communicative scenario. The objective is to facilitate effective communication between parties conversing in two distinct languages, ensuring mutual comprehension and precise message transmission within the specified timeframe.
Interpreter: Interpreting professional who orally translates a speech from a Source Language into a Target Language, which is their mother tongue. Their main function is to facilitate communication between people who speak different languages by eliminating existing language barriers and ensuring the accurate and fluent transmission of the message.
Final Material: it refers to the conclusive and ultimate outcome of a language processing or project. In Translation, it denotes the translated document after the completion of the Translation and Revising processes, poised for delivery to the Client. In Text Editing, it is the final document after corrections and improvements. In Content creation, as in the creation of printed or digital materials, it is the final version ready for distribution after having gone through all the stages of creation, review and approval. In Layout design, it embodies the ultimate and comprehensive design or format of a document, publication, or graphic project. This includes meticulous arrangement of visual and textual elements, font selections, appropriate sizing and spacing, and other design particulars ensuring optimal content presentation. This version has undergone all design stages, revising, and adjustments, and it is prepared for production or distribution.
Source Material: it refers to the original content provided for Translation, Revising, or any other language processing. It may encompass various forms, including written documents, oral speeches, scripts, web content, glossaries, or translation memories. It serves as the foundation for language services such as Translation, Interpreting, Proofreading, or any other language-related service. It is essential to ensure accuracy and fidelity in message transmission to the Target Language or adapting the content to diverse cultural contexts.
Translation Memory (TM): a tool used in computer-assisted translation (CAT) that stores previously translated text segments for reuse in future Translation projects. This memory not only stores full text translations, but it also divides content into smaller segments, such as sentences or paragraphs.
Quote: an advance estimate of the cost involved in providing one or more specific language services. It includes details about the type of service required, text format, languages involved, delivery dates, word count or workload volume, rates, payment terms, and any other relevant aspect for contracting language services.
Terminology: a set of terms, words, or specialised vocabulary used in a specific area or discipline. These terms have precise meanings within a specific context, and they are often used to describe specific concepts, objects, or processes related to that area of knowledge. The creation and standardisation of terminology are essential to ensure accurate and unified communication within the knowledge-sharing community.
Translation: it is the transferring of the meaning of a written text from one language (the Source Language) into another language (the Target Language). The goal is to ensure that the translated text faithfully and accurately captures the content, intention, and purpose of the original text, while also accounting for cultural and linguistic differences between the two languages. It does not include Proofreading or Revising by a professional Translator other than the one who carried out the initial Translation.
Translator a person who is responsible for converting the written text from a Source Language into the Target Language, which is their mother tongue. Their primary duty involves preserving the meaning, intent, and essence of the original message while ensuring clarity and coherence in the Target Language rendition. Translators leverage their language expertise and their cultural understanding to deliver precise, accurate, and contextually relevant translations.
Urgent: it refers to the need for immediate attention and quick delivery of the required language service. This implies that the timeframes for completing an Assignment or order are shorter than usual due to specific circumstances, such as tight deadlines, imminent events, or situations demanding a quick response. This entails a different rating, as the service required as Urgent may require special allocation of resources and efforts to meet the required deadlines. Urgent Assignments are those whose execution and delivery involve working during night hours, holidays, weekends, or public weekends.
Vobix: means The Agency, specialised in Translation, Interpreting and other linguistic services, as well as its qualified internal or external professional collaborators.
2.2 Language Services
Copywriting: the process of advertising or promotional copywriting that aims to persuade or motivate a specific audience to take a specific action. This involves creating texts that are persuasively effective and that generate the desired response from the reader or user.
Proofreading: process by which a written document is revised and corrected to improve its linguistic, grammatical, spelling and stylistic quality. The main objective is to guarantee the clarity, coherence and accuracy of the content, as well as to ensure that it complies with the grammatical and spelling rules of the language in which the Final Material is written.
Dubbing: a mode of Audiovisual Translation in which the original texts spoken in an audiovisual product, such as a film or television series, are translated, so that the viewers who do not speak the original language can enjoy the content in their own language, while maintaining coherence with the visual action and synchronisation with the lip movements of the characters.
Consecutive Interpreting: Interpreting mode in which the Interpreter listens to the original speech and then reproduces it in the target language. Here the Interpreter takes notes and waits for the speaker to finish a section of their speech before providing interpretation in the Target Language. This method is commonly used in situations such as conferences, speeches, meetings, and events where the original speech is broken down into smaller segments to facilitate Interpreting.
Sworn Interpreting: a specific type of Interpreting that is performed in the legal field and it is associated with legal documents and court proceedings. Although Sworn Interpreting can apply to both Simultaneous and Consecutive Interpreting, in this context it is also commonly associated with Sworn Translation. Sworn Interpreting is performed by a sworn Interpreter or sworn Translator-Interpreter, who has been authorised or certified by the competent state authorities.
Public Service Interpreting: type of Interpreting carried out in situations where government or public services are provided to persons who do not speak the official or predominant language of the Country in which they are located. Public services may include, but are not limited to, healthcare, legal services, education, social affairs, emergency services, and governmental procedures.
Simultaneous Interpreting: a type of Interpreting in which the Interpreter translates oral speech from one language into another simultaneously while the speaker is speaking. It is done in real time, and listeners can hear the Interpreting through headphones while the speaker continues speaking. This method allows for effective, real-time communication in multilingual environments.
Layout Design: the process of organizing and visually designing the content of the Final Material before its printing or digital publication. It involves the arrangement of text, images, and visual elements using graphic design tools to achieve an aesthetic and functional presentation. It is essential in both print and digital materials.
Post-editing: the process of revising and improving a text translated by a machine translation (MT) tool by a human Translator, as the automated text produced may contain errors, inconsistencies, or not fully capture the context, intent, and purpose of the Source Material.
Revising: the process of revising and evaluating the Final Material against the Source Material with the aim of improving its quality and clarity. During text revising, adjustments and corrections are made to ensure that the content is accurate, coherent, and effective in communicating ideas. This process may address various aspects of the text, including grammatical and spelling correction, rhythm and fluency, content correction, lexical and semantic correctness, structure and organisation of ideas, clarity and coherence, writing style, and terminological consistency.
Subtitling: Audiovisual translation modality which consists of adding written text on the screen to show the translation of dialogues or provide additional information so that viewers who do not speak the original language of the content can understand the meaning of the speech, while still hearing the original voices of the actors.
Audiovisual Translation: the process of transferring the verbal and non-verbal content of an audiovisual product, such as a film, television series, video, documentary, etc., from one language (the Source Language) to another (the Target Language). This type of Translation encompasses both spoken dialogue and visual elements in the form of subtitles, on-screen signs, graphics, and any other component that contributes to the overall understanding of the production. As for The Agency, there are two types of Audiovisual Translation: Subtitling and Dubbing.
Scientific Translation: the process of converting scientific, technical, or academic documents from a Source Language to a Target Language. It focuses on preserving the accuracy and clarity of the original content, covering texts such as, but no limited to, research articles, technical reports, and medical documents.
Sworn Translation: a specialised process involving the rendition of official, legal, or juridical documents from a Source Language to a Target Language. This type of Translation is carried out by a sworn Translator, a professional certified and authorised by a governmental or legal entity, who attests that the document translated is faithful and accurate to the original one by means of their signature and stamp.
Legal Translation: the process of translating legal and judicial documents from a Source Language to a Target Language. This type of Translation covers a wide range of legal texts, such as contracts, judgements, legal doctrines, deeds, among others, without the need for official certification.
Literary Translation: the process of converting literary works, such as novels, poems, essays, and other creative texts, from a Source Language into a Target Language, while preserving the author’s style, voice, and artistic intent and purpose, as well as faithfully conveying the meaning of the original. This type of Translation involves not only the transposition of words, but also the capture of cultural and stylistic nuances, seeking to recreate the aesthetic experience of the Source Material in the Final Material.
Advertising Translation: the process of adapting and localising advertising content, such as ads, slogans, promotional material, and campaigns, from a Source Language to a Target Language. It goes beyond the mere word transposition, aiming to convey the message effectively in the cultural and linguistic context of the target audience.
Web Translation: the process of translating online content, such as websites, applications, and digital platforms, from a Source Language to a Target Language. This process extends beyond mere word translation, aiming to provide a consistent, cohesive, and engaging experience for users across different regions and languages.
Transcription: the process of converting spoken or audiovisual content into written text. This service is especially useful when information contained in audio or video recordings needs to be documented and preserved.
The Agency is committed to delivering all the aforementioned language services or other language-related services, as agreed with the Client.
3. Quote
The Client can request a Quote to The Agency via email (info@vobix.agency) or by using the form available on this website. It is essential for the Client to provide specific details, such as type of service required, delivery deadline, language pairs involved, texts needing attention and their format, target audience for the Final Material, any specifications of the Assignment, and, if applicable, to attach the Glossary or Translation Memory (TM). This service is free of charge, and it does not require any obligation from the Client.
The Agency Quote sent to the Client includes:
- The Agency Logo, address, and contact details;
- Quote number;
- Client’s name, address, and contact details;
- date of Quote preparation, Quote validity period, and the estimated delivery deadline for the Final Material;
- description of the language service required;
- language combination of the Assignment (based on ISO 639-1, 639-3, or 639-2/639-5 coding);
- unit type being accounted and its quantity;
- the unit rate and currency;
- total cost of each Assignment item;
- discounts, if applicable;
- total cost of the Assignment;
- levies and taxes, if applicable;
- due date for payment;
- explanatory notes;
- payment terms and conditions.
If the Client fails to inform The Agency about important aspects related to the Assignment, the Client cannot subsequently claim any discounts or compensations for any deficiencies resulting from such omissions in the Final Material.
The Agency reserves the right not to commence an Assignment if The Agency does not receive written acceptance of the Quote by email or if such written acceptance does not arrive within the timeframe indicated in the same Quote. For existing clients who do not require a formal Quote, Assignments will adhere to previously established rates, unless adjustment has been made due to rate increase, in which case the Client will be notified of such changes. The delivery deadline starts with the acceptance of the Quote and the complete receipt of all Source Material necessary for the execution of the Assignment. Unless specified otherwise, the Assignment shall be considered completed at the end of the day agreed in the Quote.
4. Service Provision
The Agency language services provision begins with the application process, which can be done via e-mail at info@vobix.agency or through the form available on The Agency website. To formalise this procedure, it is imperative for the Client to confirm their acceptance of the provided Quote by submitting written approval via the aforementioned e-mail.
By accepting the Quote, the Client expresses their full agreement with the rates and conditions detailed in the Quote before the service provision commences. This step serves not only as a formal commitment, but also as a mechanism to ensure a clear mutual understanding between The Agency and the Client, laying the foundation for a successful and transparent collaboration in language services. The Agency, in turn, commits to adhering to the agreed-upon terms and conditions, and to providing high quality services in accordance with the Client’s expectations.
5. Prices and Rates
The rates and prices for the language services provided by The Agency are established in accordance with the specific nature and scope of the Assignment requested by the Client. Such rates and prices shall be detailed in the Quote, expressed in Euro and excluding VAT. The Agency reserves the right to modify these prices and rates at any time due to increased operating costs, inflation, variability of demand and supply, market changes in the sector in which The Agency operates, or constant improvement in the quality of services.
6. Terms and Method of Payment
Individuals requesting services on a personal basis, as well as new corporate clients, whose quotation is less than 100 Euros must pay 100% of the amount upon acceptance of the Quote. For quotations over €100, individuals requesting the service on a personal basis must pay the full amount in advance. For new corporate clients, an initial payment of 35% of the total amount is required at the start of the project and the remaining 65% is due no later than 30 days after the invoice is issued.
The Agency retains the prerogative to delay commencement of work on the assignment until the corresponding payment has been received in accordance with the client classification described above.
The payment options available for the Client are as follows:
- bank transfer: clients can make payments via direct bank transfer.
- payment plans: in specific cases, The Agency may offer instalment payment arrangements, dividing the total service cost into pre-agreed monthly payments.
7. Client’s Obligations
The Client acknowledges and accepts the following conditions, committing to cooperate effectively to facilitate the efficient provision of The Agency language services. Failure to comply with these conditions may affect both the quality and the timelines of the services offered.
- The Client agrees to comply with the requirements detailed in both the Quote and the General Terms.
- The Client agrees to provide the Agency with all the necessary information and Source Material for the Agency to carry out the requested language services.
- The Client declares and guarantees that the Source Material is either owned by them or, if it belongs to a third party, they have the right to use or transmit it. Moreover, the Client ensures that the translation of the Source Material and any further use assigned to the Final Material shall not infringe copyright, trademarks, patents, confidentiality, or other rights of third parties. Therefore, the Client undertakes to use the Final Material exclusively for purposes permitted by law.
- The Client agrees to receive the finalised Assignments in the same format as the Source Material whenever possible and editable. If the Source Material is not editable, it will be delivered in a format as similar as possible. In cases where new content is required, it will be delivered in the standard format corresponding to the requested service following industry standard practice.
- The Client acknowledges that Translation length may vary from the original texts due to the inherent nature of each language. Unless Layouting service is expressly requested, The Agency shall not take responsibility for adjusting the layout format after the Translation service.
- The Client agrees that quotes are based on editable text only, excluding non-editable elements such as images and secondary elements, such as notes (PowerPoint or equivalent), comments (Word, Excel, PDF, or equivalents), etc., unless otherwise specified in the Assignment request.
- The Client, if Layout design service is required, agrees to provide the corresponding source files along with the editable Source Material. Additionally, the Client agrees to maintain open, fluid, and effective communication with The Agency during the Layout desing correction phase. Therefore, the Client undertakes to remain contactable and available to The Agency to ensure that the delivery deadline is met.
- The Client, in the event of contracting the Interpreting services, undertakes to:
-
- provide all relevant information about the event, including specific topics, technical vocabulary, and any reference material to facilitate the Interpreter’s preparation;
- provide logistical details such as the event location, precise schedules, and any special requirements for the Interpreter, thus ensuring proper planning;
- ensure a suitable working environment for the Interpreter, including, but not limited to, a comfortable space, adequate lighting, and access to necessary resources;
- bear the costs associated with travel, accommodation, and any other expenses related to the provision of Interpreting services, as previously agreed. Payment will be made once the Client has received the corresponding receipts;
- be fully responsible for the equipment such as booths, microphones, headsets, etc., provided by The Agency from its delivery until its return. Any damage or loss of such equipment shall be invoiced at the cost established by The Agency, which is responsible for renting the equipment.
8. Assignment Modifications or Cancellation
8.1 Modifications
The Client undertakes to inform The Agency in writing, by e-mail to info@vobix.agency of any modification to the Assignment during its execution. In this notification process, the Client must detail the modifications to be applied and, in case of a high-volume Assignment, express their position regarding the documents or files previously sent. Additionally, the Client acknowledges that these modifications shall entail adjustments to the rates, prices, and delivery deadlines of the Final Material. The Agency shall inform the Client of these adjustments upon receiving the modification notification, calculating them according to the quantity, nature of the modifications, and the volume of the completed Assignment. In the specific context of delivering Interpreting services, the following shall be considered modifications:
1. Change in Event Duration
Any adjustment to the event schedule affecting the total duration of the Interpreting service must be notified in writing as soon as the Client becomes aware of it. This notification also covers the potential service extensions, in which case the Client shall pay for the additional hours at the rate established in the Quote accepted by the Client. Moreover, the Client agrees to cover the expenses associated with the cancellation or disruption of the Interpreter travel arrangements (such as flights, trains, or buses) due to such extension, along with additional costs incurred for the Interpreter’s accommodation and fees resulting from the service extension.
2. Change in Language or Interpreter Requirements
If more languages or interpreters are required than originally agreed, both parties agree to communicate and negotiate additional fees, terms and conditions.
3. Change in Event Theme or Content
Changes in event topics to be addressed during the event shall be notified with sufficient advance notice to allow proper Interpreter preparation.
4. Event Location Expansion
Expansion of the event to new locations shall require a reassessment of logistical considerations and associated rates, which are subject to negotiation. The Client shall cover the supplementary expenses incurred due to this change, including Interpreter’s travel, accommodation, meals, etc. Additionally, if applicable, costs related to the transportation of necessary materials for the successful execution of the Interpreting activity shall also be borne by the Client.
5. Addition of Extra Services
The addition of complementary services not initially contemplated shall be subject to negotiation of additional rates, terms and conditions.
6. Adjustments to Technical Equipment
Changes in technical equipment configuration or requirements shall be communicated in advance for assessment and possible adjustment in rates.
7. Changes in Logistical Requirements
Modifications to the event logistics shall be communicated in advance to ensure proper preparation of the Interpreting equipment.
8. Unforeseen Circumstances
In the event of unforeseen circumstances, both parties agree to notify each other as soon as possible in order to seek mutually acceptable solutions.
9. Changes to the event format
Changes to the event format will be notified well in advance in order to assess the impact on the Interpretation service.
8.2 Cancellation
If either The Agency or the Client breaches the Quote terms and conditions, both parties reserve the right to terminate the Assignment by providing written notice through the respective e-mail addresses utilized for communication. The Client retains the right to cancel such Assignment at any time and for any reason, provided that the Client notifies The Agency in writing at the email address info@vobix.agency. However, the Client shall be liable to pay 100% of cost of the services completed up to the cancellation date. In such circumstances, The Agency reserves the right to apply discounts or invoice the full amount of the Quote. This shall be calculated considering the work completed up to the cancellation date, time invested, internal or external resources allocated to the Assignment, delivery costs, and any other extraordinary expenses or damages resulting from the cancellation. Upon the Assignment cancellation, The Agency shall return the Source Material and data received from the Client. However, The Agency reserves the right to retain both the Source Material and the Final Material as a security until the Client fully settles the outstanding debt.
If the Client decides to cancel the Interpreting services after the Interpreter has travelled to the event location or while the Interpreter is en route, the following terms and conditions shall apply:
1. Travel Fees
The Client is accountable for fully covering the Interpreter’s travel expenses already accrued.
2. Interpreter’s Fees
The Client shall pay 100% of the Interpreter’s fees for the contracted service, regardless of whether the service provision is completed.
3. Additional Expenses
In addition to covering Interpreter’s travel expenses and fees, the Client shall also reimburse any extra costs incurred due to the cancellation, including accommodation bookings and other logistical arrangements made specifically for the event.
4. Cancellation Notice
Cancellation shall be notified in writing as far in advance as possible. Failure to receive timely notification, the full rate for the agreed service will be invoiced to the Client.
9. Quality and Delivery Deadlines
The Agency is committed to delivering language services of the utmost quality, ensuring fidelity to the Source Material, and employing consistent and effective writing in the relevant language. The Agency follows strict grammatical and syntactic rules to ensure accurate use of vocabulary, grammatical structures, and language style according to language The Agency works with. The Agency’s priority is to avoid ambiguities and misunderstandings, thereby ensuring that the Final Material is clear and culturally and linguistically appropriate.
The Agency undertakes to integrate the Client’s provided information into the Final Material, including Glossary, Translation Memory, style guides, and preferences provided by the Client. While the Agency shall not be liable for losses arising from inconsistencies or errors in the Source Material, collaborative communication between the Agency and the Client will guide the resolution of such issues in order to proceed with the Assignment.
It is essential that the Client clearly indicates the intended and desired destination for the requested language service. In cases of Terminology disagreement between The Agency and the Client, The Agency shall endeavour to find solutions that meet the Client’s expectations, swiftly and efficiently rectifying any issues. Failure of the Client to submit explicit claims within the agreed deadlines (refer to the last paragraph of this clause) shall result in The Agency considering the Client satisfied with the Final Material provided.
On projects classified as Urgent, The Agency reserves the right to omit certain stages of quality control in order to meet delivery deadlines. The Client accepts that this may affect the quality of the Final Material, releasing The Agency from any liabilities.
The Agency takes no responsibility for delays or absences of the Interpreter due to situations beyond its control, such as delays in any type of transport company, traffic accidents, congestion due to strikes, demonstrations or other unforeseen events. If the Interpreter does not reach the location where they have to provide their Interpreting service due to force majeure, the Client shall bear 50% of the Assignment fees and expenses. In the event of unforeseen illness of the Interpreter, supported by a medical certificate issued before or during the provision of the services, The Agency shall endeavour to find a replacement. However, should the Agency be unable to replace the sick Interpreter due to a lack of replacements, this shall be considered a case of force majeure. The Agency shall therefore not be obliged to compensate for any damages resulting from this situation. Nevertheless, the service provision shall not result in the invoicing of the part not performed. Instead, the Client will be invoiced for any equipment rental costs and travel expenses incurred.
The Agency grants the Client the right to request revisions within a 7-day period for Translation, Proofreading, Revising, Layouting, Post-editing, Dubbing, Subtitling, Transcription, or Copywriting and within 4-day period for Interpreting services, once these services have been completed and delivered.
10. Claims and Compensation
10.1 Claims
Any claims related to the services provided by The Agency must be submitted in writing to the e-mail address info@vobix.agency respecting the deadlines indicated in the last paragraph of clause 9 (“Quality and Delivery Deadlines”). Claims should clearly and specifically detail the nature of the non-conformity, providing documented evidence whenever possible. The Agency undertakes to examine and address claims diligently. If claims are acknowledged, the Agency shall proceed to make the necessary corrections or offer suitable compensation, as deemed applicable. It should be emphasised that any claims submitted beyond the stated deadlines shall be considered null and void. The submission or acceptance of a claim does not exempt the Client from adhering to the agreed payment terms and conditions.
The Agency informs the Client that Spanish and Catalan official claim forms are available, which can be obtained by clicking on this link.
If claims related to potential translation errors occur, it should be noted that the following instances shall be classified as errors:
- linguistic inaccuracies: any grammatical or spelling mistakes;
- significant omissions: any substantial omission that affects the trustworthiness or comprehension of the text;
- technical errors: those errors related to the incorrect interpretation of technical terms or specific jargon within the thematic domain covered.
The following instances shall not be classified as errors:
- the stylistic preferences of the Client;
- subsequently requested changes: any changes to the original content requested after service delivery shall not be considered an error, but a new request;
- errors in the Client’s Original Content: errors inherent in the original content provided by the Client shall not be the responsibility of The Agency.
10.2 Compensation
If a claim submitted by the Client is acknowledged by The Agency, considering what is classified as errors or not as previously established, The Agency undertakes to offer appropriate compensation as a redress measure. Compensation will be assessed fairly and commensurately with the nature and severity of the identified error. The following guidelines shall be considered when calculating compensation:
- interpreting errors: in the event of inaccuracies in Interpreting that significantly affect communication, compensation will be calculated considering the magnitude of the impact and the significance of the event;
- linguistic inaccuracies: in cases where grammatical or spelling errors affecting the quality of the translated text are detected, compensation will involve Proofreading and Revising the affected translated text at no extra charge to the Client;
- significant omissions: in cases of substantial omissions affecting the trustworthiness or comprehension of the translated or interpreted text, compensation shall be calculated considering the importance of the omitted parts;
- technical errors: regarding errors related to the incorrect interpretation of technical terms or specific jargon, compensation shall be determined considering the level of complexity and relevance of the content.
Compensation may include:
- Service correction: the correction or repetition of the affected Translation services at no additional cost to the Client;
- discounts or partial refunds: the application of discounts or partial refunds based on the severity and impact of the identified error;
- compensatory services: the provision of additional compensatory services, such as discounts on future services or complementary services at no cost.
It is crucial to highlight that the assessment and determination of compensation shall be conducted on a case-by-case basis, ensuring transparency and mutual agreement with the affected Client. The Agency undertakes to address claims in a fair and efficient manner, always seeking solutions that meet the Client’s needs and expectations.
11. Limitations of Liability
The Agency shall not be held liable for errors arising from inaccurate or ambiguous terminology or wording in the Source Material or provided instructions. Additionally, The Agency shall not assume liability for any alterations or amendments made to the Final Material following its delivery by the Client or any other party.
The Agency’s liability for direct damages caused to the Client shall be limited to a total financial sum not exceeding the amount received for the Assignment. However, The Agency shall assume no liability whatsoever for any indirect or consequential damages, nor for direct or indirect damages arising from claims made against the Client by third parties due to services rendered by The Agency. Nevertheless, this limitation shall not apply in cases where The Agency acts intentionally with bad faith or negligence.
The Client shall undertake to send to The Agency only copies of the data to be processed. Under no circumstances, shall the Client send the originals, unless strictly necessary. The Agency shall not be liable for the return, loss, or damage that the Source Material may suffer. In situations where the Source Material delivered to The Agency is unique or valuable, it shall be the Client’s responsibility to purchase an adequate insurance policy to cover possible damages resulting from the total or partial loss or destruction of such material.
In addition to what is established as force majeure in clause 9 (“Quality and Delivery Deadlines”), The Agency acknowledges that certain unforeseeable and unavoidable events may affect the provision of language services. If the service execution is impeded, delayed, or affected by force majeure causes, The Agency shall be exempt from any liability arising from such events.
Force majeure events shall include, but not be limited to:
- natural disasters, including, but not limited to, earthquakes, floods, fires, or other natural phenomena beyond the reasonable control of The Agency;
- political or social events, such as civil unrest, terrorism acts, war, armed conflict, embargoes, or other political or social situations that prevent the execution of services;
- government actions, including legislative changes, government regulations, travel restrictions, or other government measures affecting The Agency’s ability to provide language services;
- illnesses or pandemics, public health situations affecting the availability of personnel or The Agency’s operational capacity, such as pandemics or epidemic outbreaks;
- technological events,failures, or disruptions in critical technological infrastructure that prevent service provisions.
In force majeure situations, The Agency shall immediately inform the Client, detailing the circumstances preventing the service execution. Both parties agree to cooperate in good faith to find alternative solutions to resume the service provision as quick as possible.
The exemption from liability due to force majeure situations does not relieve both parties from fulfilling their business obligations to the best of their ability, considering the circumstances.
Further liability limitations can be found in the Legal Notice.
12. Confidentiality
The Agency and the Client undertake to maintain the confidentiality of the information exchanged during the service provision and execution.
The Agency has the right to subcontract third parties, such as, for example, translators, proofreaders, or interpreters, in order to provide the necessary language service to the Client. In this regard, the Client agrees that The Agency may assign its rights to third parties in accordance with these General Terms, provided that these third parties are contractually bound by terms and conditions that protect the Client at least as much as these General Terms.
Everyone who collaborates with The Agency, including the Client, signs a Confidentiality Agreement to safeguard any confidential material they may receive for the purpose of previewing the content and determining whether to accept the Assignment. The Agency shall not be liable for any breaches of confidentiality committed by such third parties.
13. Rights of Ownership, Intellectual Property, and Use
All intellectual property rights related to the services provided by The Agency are exclusive property of The Agency, unless otherwise agreed in writing. Upon full payment for the services rendered, the Client shall acquire the exploitation rights over the Final Material. These rights shall allow the Client to use the Final Material freely, in any medium and without time restrictions, or they may be subject to limitations as stipulated between the Client and The Agency.
14. Privacy Statement
The Agency has a Privacy Policy that reflects its commitment to the security and confidentiality of both Clients’ and other users’ personal information. This commitment complies with European and Spanish regulations related to privacy regulations. Privacy Policy details that The Agency collects contact information, project details, and payment data for the purpose of providing its language services. This information is efficiently used for the service provision, language project communication, invoicing, and service improvements. It is important to note that The Agency reserves the right to exclude users who provide false information, and The Agency expects them to take responsibility for any inaccuracies.
Additionally, The Agency Privacy Policy informs about the implementation of rigorous security measures aimed to protect data integrity. It also highlights the confidentiality pledge upheld by all The Agency personnel, whether internal or external. Moreover, it is disclosed that data retention extends throughout the duration of the business relationship or until data deletion is requested. Disclosure of information to third parties only takes place when necessary for service provision, legal obligations, or with explicit consent.
Regarding presence on social media, the Privacy Policy addresses how The Agency manages information on these digital platforms. In this context, users and clients are informed of their rights, which include access, rectification, limitation, erasure, portability, objection, and withdrawal of consent. Instructions for submitting relevant requests to exercise these rights are provided. Additionally, the possibility of filing complaints with the Agencia Española de Protección de Datos [Spanish Data Protection Agency] is highlighted.
By using the services of The Agency, both the Client and the users accept and consent to the processing of their data, with the option to revoke this consent at any time. For specific details on the privacy practices of The Agency, The Agency recommends its users and clients to review the Privacy Policy.
15. Modifications to the General Terms
The Agency retains the right to modify these General Terms at any given time. These modifications will become effective immediately after their publication on the Website. The Agency undertakes to keep these General Terms accessible and updated for the Client via its Website. Any new version of the General Terms shall supersede those previously drafted.
16. Applicable Law and Jurisdiction
These General Terms are governed by Spanish law, and any dispute arising from a breach of these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Palma de Mallorca (Spain). Both The Agency and the Client agree to resolve disputes in the courts of Palma de Mallorca (Spain), waiving any other jurisdiction. If the User resides outside Spain, they also agree to submit to the courts of Palma de Mallorca (Spain).
17. Prevailing Language
This document is drafted in English for informational purposes only. In the event of any dispute regarding the interpretation of these General Terms, the Spanish version of the text shall prevail.
The Agency deeply appreciate the trust and confidence placed in both its services and The Agency, and it pledges to uphold its commitment to providing and delivering effective and high-quality solutions. Should you have any questions or concerns regarding these General Terms, The Agency is readily available to address them and provide the clarity needed to foster a successful and satisfactory partnership.
Last Update: January 15th, 2024