- TQTranslations: The company TQTranslations, registered in the Dutch Chamber of Commerce for the region Gooi-, Eem- and Flevoland with registration number 53308158.
- Client: The individual or legal person who places an order at TQTranslations to perform a translation and/or interpreting assignment.
- Services: Translation services, which consist of translation of texts into another language and which TQTranslations should perform according to the Client’s order and in accordance with the terms of the Agreement.
- Agreement: The Agreement entered into between the Client and TQTranslations on the delivery of services.
- Source text: The text to be translated under the Agreement.
- Target text: The final translated text obtained by translating the source text.
2. Commencement of the agreement
- 2.1 All quotations given by TQTranslations shall be non-binding and can be withdrawn or modified at any time.
- 2.2 The Agreement shall commence when the Client accepts the quotation from TQTranslations orally or in writing or when the translation agency confirms an order given by the Client in writing.
- 2.3 The Agreement shall be entered subject to the text, which TQTranslations shall translate, has been received, reviewed and approved.
- 2.4 TQTranslations shall, insofar as possible, submit a written confirmation of the Agreement to the Client.
- 2.5 TQTranslations shall at any time be entitled request collateral of the Client for the obligations resulting from the Agreement.
- 3.1 TQTranslations shall be obliged to deliver the agreed services within the agreed deadline, except in cases of force majeure.
- 3.2 In the event of extraordinary circumstances beyond TQTranslations’s control, including late delivery of translations from third parties, TQTranslations shall be entitled to postpone the deadline for a period equivalent to the original deadline.
- 3.3 Delivery of the translated text is made in agreement with the Client either by email, regular mail, fax or courier.
4. Changes to or termination of the agreement
- 4.1 In case the Client changes an order, TQTranslations shall be entitled to amend it or the agreed deadlines and/or the agreed fee or to reject the proposed changes.
- 4.2 The changes agreed in the Agreement shall become effective only once they have been confirmed in writing by TQTranslations.
- 4.3 Premature termination of the Agreement shall neither lead to annulment or reduction of the obligations or modifications to the agreed prices and terms, unless the parties have agreed to this in advance in writing.
- 5.1 TQTranslations shall be obliged to ensure that the delivered services are performed by a competent person.
- 5.2 TQTranslations shall be entitled to have the tasks performed by independent and qualified third parties.
- 5.3 At TQTranslations’ request, the Client shall be obliged to disclose information that is useful in relation to the performance and quality of the services, especially with regard to specific terminology.
- 5.4 TQTranslations shall be obliged to treat all information provided by the Client in absolute confidence, and also to make this obligation valid towards third parties and employees who perform services on TQTranslations’ behalf.
- 6.1 The fee shall be calculated based on the number of words in the source text and a standard price per word which can be calculated using the module available at www.tqtranslations.com, or the agreed price per word.
- 6.2 If the source has a level of complexity which is above average, or contains highly specialised jargon or the case of an urgent job, TQTranslations shall be entitled to add an extra charge to the standard price, which would be disclosed to the Client in advance.
- 6.3 All prices specified by TQTranslations are exclusive of VAT, unless otherwise expressly indicated.
- 6.4 Amounts invoiced by TQTranslations shall be payable within 14 days from the date of invoice by transfer to the bank account provided by TQTranslations. In the event of non-compliance, the Client shall immediately and without notice be considered in default and shall pay the statutory commercial interest and debt collection costs equal to 15% of the outstanding principal.
- 7.1 If the Client finds the provided services to be non-confirming, the Client shall immediately – and no later than 10 days after delivery – notify TQTranslations in writing stating the reasons for this. This does not relieve the Client from his/her payment obligation.
- 7.2 Once the time limit specified in the above section is exceeded, the Client shall be indisputably considered as having approved the services.
- 7.3 If the Client’s complaints are deemed justified, TQTranslations shall be entitled to deliver a replacement translation within a reasonable amount of time.
8. Liability and compensation
- 8.1 TQTranslations cannot be held responsible for consequential loss, loss due to delays, indirect loss or loss of income caused by flaws in the delivered translations unless this is due to intent or gross negligence, and a direct link between the flaw and the loss. TQTranslations can never be held liable for losses resulting from translation of unclear wording in the source text.
- 8.2 The amount for which TQTranslations can be held liable, shall never amount to no more than the fees billed for the job in question, exclusive of VAT, however never more than € 10,000.
- 8.3 TQTranslations cannot be held responsible for the use of the translated texts or for any negative consequences relating to this use, including personal injury or financial loss. The Client shall be obliged to check the translation provided by TQTranslations for the accuracy of the information contained therein, including statements of monetary values and medical terms.
- 8.4 TQTranslations cannot be held responsible for damage to or loss of documents, information or data carrying media provided by the Client, or for damages resulting from the use of IT, the Internet and modern telecommunications facilities or damages resulting from transportation or shipping of information and/or the media containing the data.
- 8.5 The Client shall indemnify TQTranslations against claims from third parties concerning or arising from alleged violations of property rights, patents, copyrights or intellectual property rights.
- 9.1 If the Client violates his/her obligations, including if the Client files for bankruptcy, is in suspension of payments or in liquidation or obtains legal debt relief for individuals, TQTranslations shall be entitled to terminate the current Agreement inwriting in whole or in part or defter the execution of the Agreement without TQTranslations undertakes to pay compensation.
- 9.2 If TQTranslations cannot fulfill its obligations under the Agreement due to extraordinary circumstances, TQTranslations shall be entirtled to defer execution of the Agreement in writing or to terminate the Agreement. Extraordinary circumstances include fire, accident, strikes, riots, war, transportation disruptions and government interventions.
Unless otherwise agreed, TQTranslations shall retain copyright to the texts produced by the translator.
11. Applicable law
The Agreement is subject to Dutch law. The Court in The Hague shall have exclusive jurisdiction to resolve disputes that may arise as a result of the Agreement.