Article I Establishment of a Contractual Relationship
1.1. These business terms and conditions (the “BTC”) form an integral part of business contracts (orders) for translation and interpreting services concluded between a client and Artlingua, a.s., a company with its registered office at Za Poříčskou bránou 365/21, Praha 8 - Karlín, 186 00, Company Reg. No. (IČ): 00298638, Tax Reg. No. (DIČ): CZ00298638, maintained at the registry court in Prague under File No. B 459 (the “Contractor”), unless agreed otherwise by a special arrangement.
1.2. The subject of the contractual relationship is the Contractor’s commitment to provide translation, interpreting or related language services in the agreed period under the agreed terms and conditions (the “Contracted Work”) and the client’s commitment to take over the Contracted Work and pay the Contractor the agreed fee for the Contracted Work.
1.3. The contractual relationship between the client and the Contractor is established based on a written agreement. A contractual relationship is also established upon the client submitting an order by e-mail or completing and sending the electronic form available on the Contractor’s website and the Contractor confirming the order by e-mail.
1.4. Each and every fundamental change in the Contracted Work requested by the client, i.e., especially a change in the time in which the Contracted Work should be provided or a change in the scope of the services to be rendered, shall be deemed a cancellation of the service already ordered and an order for a new service. For this reason, cancellation terms and conditions shall always apply to such change, unless agreed otherwise. The Contactor shall be entitled to decide what change constitutes a fundamental change.
1.5. The client shall confirm acceptance of the Contracted Work. If he does not confirm acceptance within 24 hours of the agreed deadline for handing over the Contracted Work or request provision of the Contracted Work, the Contracted Work shall be deemed received by the client duly and on time.
Article II Translations
2.1. The client shall state the following in the order: language combination; deadline; purpose of use of the target text.
2.2. If the Contracted Work is to be published, the order has to be submitted sufficiently in advance and it has to be expressly stated therein that the translation requires pre-publication copyediting.
2.3. If the text, which is the subject of the Contracted Work, contains technical or other special expressions, abbreviations, etc. that should be translated in compliance with the terminology used by the client, the client is obliged to provide the Contractor with a list of the respective terminology used in the language combination concerned or provide other supporting documents or, alternatively, designate a contact person in the order who will be available to the translator for consultation purposes. Stylistic improvements or approval of specific terminology by the client shall not be considered shortcomings in the translation.
2.4. If the client uses the translation for a different purpose than the one stipulated in the order, the Contractor shall not be liable for any direct and/or indirect damage incurred by the client as a result thereof.
2.5. If the client does not state the intended purpose of the text for translation, the translation shall be executed as if the text were intended for information purposes.
Article III. Interpreting
3.1. The client shall state the following in the order: language combination; venue and time when the interpreting is expected to start and end; whether the interpreter will be recorded.
3.2. The client shall send to the Contractor supporting documents in all of the languages that the interpreter will be working in (e.g., the programme, minutes from previous meetings, a list of attendees, reports or written texts) no later than three days prior to the interpreting event.
3.3. If the interpreting that is the subject of the Contracted Work contains technical or other special expressions, abbreviations, etc. that should be translated in compliance with the terminology used by the client, the client is obliged to provide the Contractor with a list of the respective terminology used in the language combination concerned or provide other supporting documents or, alternatively, designate a contact person in the order who will be available to the interpreter for consultation purposes.
3.4. The client may not demand any other services outside those stipulated in the order (e.g., written translation, minutes taking, guide or organisation services). Any recordings (mp3, video, etc.) of interpreting are subject to the Contractor’s copyright unless a separate contract on use of the work is concluded with the client.
3.5. The client shall provide the conditions that correspond to the type of interpreting required, including technical equipment, provided he does not order the equipment from the Contractor.
3.6. The Contractor shall be entitled to the fee for the entire interpreting period even if the client does not make use of the agreed time in full.
3.7. The Client shall provide return transportation for the interpreter between the agreed collection point and the venue where the Contracted Work is to be executed.
3.8. Should the interpreter have to arrange transportation him/herself, the client shall reimburse the Contractor for the interpreter’s travelling expenses in the documented amount or the amount stipulated in legal regulations pertaining to travel allowances.
3.9. In the event of multiple-day interpreting outside the place where the interpreter lives, the client shall arrange and cover the costs of accommodation for the interpreter in a single room with amenities.
3.10. The Contractor shall be entitled to payment of a meal allowance based on the number of hours worked in case of interpreting abroad.
3.11. The client shall arrange that the interpreter has a break for meals and a break of at least a half hour after no more than four and half hours interpreting.
3.12. An interpreting day means 8 hours including breaks. If an interpreting day is exceeded, an overtime fee based on the stipulated daily rate shall be charged for each hour commenced. The minimum number of hours charged for an event held in the place where the interpreter lives is 4 hours and outside the place where the interpreter lives 8 hours. If an event lasts more than 4 hours, the rate for one full interpreting day shall be charged.
3.13. If a number of different categories of interpreting are required during an interpreting event, the fee shall be based on the most demanding category.
Article IV Fee for the Contracted Work and Payment Terms and Conditions
4.1. The fee for the Contracted Work is calculated based on the Contractor’s price list and the stipulated price calculation method.
4.2. The initial fee estimate for the Contracted Work is based only on the estimated number of standard pages or estimated interpreting time. The final fee shall be determined by the actual number of standard pages in the target language or actual interpreting time.
4.3. One standard page (SP) is calculated according to the following formula: Number of characters in the text (with spaces) divided by 1800. The resulting number shall be rounded up.
4.4. If an individualised price list is agreed as part of a framework agreement, this price list shall take precedence over the standard price list.
4.5. Any and all discounts have to be agreed between the client and Contractor in writing.
4.6. An invoice is due within 15 days of delivery of the Contracted Work according to the order or, in the case of an invoice for a partial delivery, within 15 days of the completion of the delivered part (e.g., various documents or interpreting days).
4.7. In the event of default, the client shall pay the Contractor a contractual penalty of 0.05% of the outstanding amount for each day of default.
Article V Complaints
5.1. Complaints concerning the execution of any Contracted Work have to be lodged in writing or by e-mail.
5.2. If the Contractor recognises the complaint from the client as legitimate, he shall arrange for a review of the translation within a reasonable period of time. Should the complaint be recognised, the client shall be entitled to a discount off the fee for the Contracted Work.
5.3. The client is obliged to lodge a complaint with the Contractor without undue delay after discovering the defect, but no later than within 30 days of the day of execution of the Contracted Work or the day that interpreting services were provided.
Article VI Withdrawal from the Contract
6.1. Each contractual party shall be entitled to withdraw from a contract in writing should irresolvable obstacles preventing execution of the Contracted Work arise after the conclusion of the contract.
6.2. The client may withdraw from a contract (cancel an event or a part hereof) without the obligation to reimburse the Contractor for the costs associated with preparing for the ordered event no later than 14 days prior to the planned start date. If an event is cancelled no later than 3 days prior to the planned start date (not including the day of the event), the client shall pay 25% of the expected fee. If he cancels 24 hours prior to the interpreter’s or technician’ departure, he shall pay 50% of the expected fee. In case of later cancellation, the client shall pay 100% of the expected fee.
6.3. In the case of translations, the start date under Article 6.2 shall mean delivery of the text for translation.
Article VII Confidentiality of the Agreement
7.1. The contractual parties shall consider confidential all data and information about the other party that ensue from a concluded contract or that they learn about in connection with such contract, especially the content of translations or interpreted texts and the fees charged for such Contracted Work. The contractual parties may not disclose this information to third parties without the written consent of the other contractual party and shall ensure in an effective manner that this information will not be misused.
7.2. The Contractor shall maintain confidential all negotiations and documentation related to the subject of the contractual performance, and shall handle all materials submitted by the client as strictly confidential.
Article VIII Other Rights and Obligations
8.1. The Client shall not contact a translator or interpreter directly without the Contractor’s express consent. If there is direct contact between the client and a translator or interpreter, the client shall not discuss matters regarding the business terms and conditions related to the Contracted Work being executed.
8.2. Furthermore, the client shall inform the Contractor about any new arrangements with a translator or interpreter.
8.3. The client shall be responsible for ensuring that the Contractor does not breach any third-party copyrights by executing the Contracted Work.
8.4. By providing his contact information, the client agrees to his personal data being processed in accordance with Act No. 101/2002 Coll. for marketing and business purposes of Artlingua, a.s. At the same time, he consents to this company sending commercial information pursuant to Act No. 480/2004 Coll. It is possible to revoke such consent at any time by sending an e-mail to email@example.com.
Article IX Final Provisions
9.1. The legal relationships between the contractual parties shall be governed by the appropriate laws of the Czech Republic, specifically Act No. 513/1991 Coll. The pertinent courts in the Czech Republic shall have jurisdiction to decide on any disputes.
9.2. In the event of a discrepancy between the language versions of these business terms and conditions, the Czech version shall prevail.
9.3. These business terms and conditions are effective as of 1 January 2013 and pertain to all Contracted Work ordered after such date.