General sales terms
Article 1: Object
These general terms (hereinafter, the “General Terms") shall apply to all translation services requested from OVERSEAS TRANSLATIONS, S.L.U. (hereinafter, "OVERSEAS TRANSLATIONS") by the client. Any client who signs a contract with OVERSEAS TRANSLATIONS automatically undertakes to fully agree to these General Terms, as well as to the exclusion of the application of any other terms or conditions that may be contained in any other document issued by OVERSEAS TRANSLATIONS without any reservations. No special terms may prevail over these General Terms nor may be enforced against OVERSEAS TRANSLATIONS without its express, prior and written acceptance. A failure by OVERSEAS TRANSLATIONS to enforce any of these General Terms at any given time will not be interpreted as a waiver by OVERSEAS TRANSLATIONS to invoke any of said General Terms at a later date.
Article 2: Sending text for translation
Unless otherwise agreed on an individual basis with each client, each translation request must be accompanied by a signed order from the client or the quote issued by OVERSEAS TRANSLATIONS signed by the client. In lack thereof, OVERSEAS TRANSLATIONS reserves the right not to begin working on it.
The client hereby undertakes to send the texts for translation in typewritten, printed or electronic form with any other type of presentation excluded.
In cases where the text is difficult to comprehend in form or content, the client hereby undertakes to provide the elements needed by OVERSEAS TRANSLATIONS to complete the translation.
Requests to modify the text to be translated must be made by the client in writing (email or ordinary mail).
Translations are for the client’s exclusive use. The client will be fully liable for any reproduction for commercial, advertising or other purposes.
Article 3: Delivery term
The delivery term for translations shall be as specified on the quote issued by Overseas Translations previously requested by the client.
In cases where the text is difficult to comprehend, the delivery time will be extended for a period that is equal to the time it takes to receive clarification. OVERSEAS TRANSLATIONS will not be liable for sending delays, whether by email or other postal or ground methods, not attributable to OVERSEAS TRANSLATIONS or in cases of force majeure.
Article 4: Price and payment
The prices are understood as not including taxes or VAT and the sum and payment method will be indicated in the special terms. The calculation unit for a translation is by word or any other unit expressly indicated in the offer issued by OVERSEAS TRANSLATIONS.
Unless otherwise specially agreed or provided for in the quote, invoices are understood as issued net, without discounts, and payable in full upon receipt. Any payment delays will automatically lead to the right to apply delay surcharges calculated at a rate equivalent to one and a half the legal interest rate in effect. OVERSEAS TRANSLATIONS reserves the right to stop any work underway in the event of a payment delay.
If a translation order is cancelled, any work already completed will be invoiced at 100%, and any work pending will be invoiced at 50%. If an interpretation order is cancelled, the service subject of the order will be invoiced in full.
Article 5: Claims
Any claims relating to the quality or delivery of the work ordered will only be taken into account when communicated in a reliable manner no later than 7 business days following delivery of the work. They must be accompanied by the original documents and translations in question, indicating the passages or paragraphs supposedly translated incorrectly.
Any claim after said period will be considered invalid.
Claims of such nature will only apply to the part of the translation containing errors and not, under any circumstance, to the rest of the work.
OVERSEAS TRANSLATIONS reserves the right to make corrections.
The liability of OVERSEAS TRANSLATIONS is limited to the sum of the corresponding invoice. The same rule applies in the event of the loss or destruction of any documents provided.
OVERSEAS TRANSLATIONS will not deliver any translated texts until full payment for the work is received. Under no circumstance may the company OVERSEAS TRANSLATIONS be held guilty or liable or considered morally or materially responsible for any claims for nuances in style, particularly in the case of advertising material.
Article 6: Confidentiality and data protection.
OVERSEAS TRANSLATIONS hereby undertakes to keep the documents sent confidential and not to disclose any information to third parties during the provision of any translation service or thereafter. OVERSEAS TRANSLATIONS liability may not be determined in virtue of this article if data are transferred via the INTERNET. The client agrees to the use of their name, logo or trademark on the OVERSEAS TRANSLATIONS website and/or its promotional material as a reference of the clients that use the services provided by OVERSEAS TRANSLATIONS if OVERSEAS TRANSLATIONS deems appropriate. Pursuant to the provisions of Spanish Organic Law on Personal Data Protection, of 13 December 1999, the client’s data will be included in an automatic data file held by OVERSEAS TRANSLATIONS. These data will be exclusively used for purposes related to the service provided and for billing. The client’s data will not be transferred to anyone. The client may exercise its rights of access, rectification, cancellation and opposition by writing to OVERSEAS TRANSLATIONS and attaching a photocopy of its national identity card, business registration number or tax identification number.
Article 7: Applicable law and jurisdiction
These General Terms shall be governed and interpreted pursuant to common Spanish law.
For any disputes that may arise regarding the interpretation or fulfillment of any provision in these General Terms, the Spanish Courts shall be the only competent jurisdiction to hear the case irrespective of the number of defendants or any situation of litis denunciatio.
The client hereby declares that it is aware of the full content of these General Terms and agrees to them, which are an integral part of the contract binding the client and OVERSEAS TRANSLATIONS.