General Terms and Conditions
1 General Terms
The General Terms and Conditions (hereinafter “GTC”) shall apply to any and all business contacts with our customers (hereinafter “Customer”). The Customer accepts GTC by placing an order. GTC shall be applicable throughout the business relation and to any future jobs as well. The customer’s GTC shall only be binding for PřekladatelskýServis.cz (TranslationService.cz) upon PřekladatelskýServis.cz (TranslationService.cz)’s explicit acknowledgment thereof in writing.
2 Applicable Law
The contractual relation and other business relations between PřekladatelskýServis.cz (TranslationService.cz) and the Customer shall be governed by the Czech law, exclusively.
3 Job Execution
PřekladatelskýServis.cz (TranslationService.cz) is a translation agency, providing translations of texts from any field, from and to any language, at any time. The order shall be considered placed upon the Customer’s written confirmation. Should the Customer cancel an order previously confirmed in writing, the Customer shall be obliged to pay for the job in full.
4 Order Placement
After selecting the requested service, the Customer orders the job with PřekladatelskýServis.cz (TranslationService.cz) by phone or via e-mail and subsequently confirms the order. The Customer may select from several data formats in which the job shall be delivered. Without being specifically requested to do so, the Customer shall be bound to provide information and materials necessary for the execution of the job (pictures, abbreviations, glossaries, charts, drawings, etc.) at the time of order placement. PřekladatelskýServis.cz (TranslationService.cz) shall not be liable for any mistakes that occurred due to the Customer’s failure to meet this obligation.
5 Exclusive Property
Until full payment of all amounts due, the service delivered shall remain the property of PřekladatelskýServis.cz (TranslationService.cz) , and the Customer shall have no right to use it, i.e., the job that has been done may not be used or sold to a third person – except as otherwise provided for. PřekladatelskýServis.cz (TranslationService.cz) shall have the copyright for the job.
6 Confidentiality
We treat all texts as confidential and undertake not to disclose any information that we might learn in the course of our work for the Customer. With regard to the electronic transfer of texts and data and any other electronic communication between the Customer and PřekladatelskýServis.cz (TranslationService.cz), we cannot ensure the absolute protection of secret or confidential business data or other information. Technically, it is still not possible to prevent unauthorized third parties from obtaining access to the data during electronic transfer.
7 Liability
Unless specific agreement is made between the Customer and PřekladatelskýServis.cz (TranslationService.cz) concerning quality requirements for the services provided and/or no specific requirements are obvious from the type of order, PřekladatelskýServis.cz (TranslationService.cz) executes the order according to best practice and good faith, completely, in a logical sense, and grammatically correctly, as per the information received. Unless the Customer submits any written objections without delay and not later than 3 days from receipt, the job shall be considered satisfactory. Thus, the Customer waives any and all claims, to which he might be entitled due to shortcomings in the job. If the Customer claims during said three-day period, any objectively existing and not immaterial shortcomings, these must be described as precisely as possible and PřekladatelskýServis.cz (TranslationService.cz) shall be given an opportunity to correct the mistakes, if any. This shall also apply to express orders. Any further claims, including claims for damages due to failure to fulfil the subject matter, shall be excluded. Under any circumstances, we shall only be responsible for gross negligence and deliberate mistakes; in the event of slight negligence, we shall only be liable for breach of duties which are essential for the contract. Any and all requirements for retroactive liability in claims for damages by third persons shall be explicitly excluded. PřekladatelskýServis.cz (TranslationService.cz) shall not be liable for any shortcomings, mistakes or delay caused by an unclear, incorrect, or incomplete order by the Customer. We shall also not be liable for delayed delivery due to information or materials that are not submitted to us in time, or due to faulty or illegible (also partially illegible) textual sources. In the event of any claims based on any job order, concerning infringement of copyright and/or claims of third persons, the Customer shall release PřekladatelskýServis.cz (TranslationService.cz) from any liability in full extent.
8 Force Majeur, Network and Server-side Faults, Failures, and Viruses
PřekladatelskýServis.cz (TranslationService.cz) shall not be liable for any damages that occur due to failures in operation, especially due to force majeur (e.g., natural disasters) or due to failures of transportation, failures of network and server, or any other potential failures of power supply and data transfer and other obstacles not caused by us. In such exceptional cases, we shall be entitled to withdraw from the contract, partially or fully. We shall also not be liable for damages caused by viruses. As regards data delivery by e-mail and/or any other form of remote or electronic data transfer, the Customer shall be responsible for checking the data and text transferred for viruses. Any claims for damages which might be related to the aforementioned will not be accepted.
9 Cancellation, Delayed Delivery, Inability, Withdrawal from Contract
The Customer shall be entitled to withdraw from the contract in the event of a delay caused by us or our inability to deliver the job, if we fail to meet the deadline, while the Customer has provided PřekladatelskýServis.cz (TranslationService.cz) in writing with an adequate and realistic extended deadline. Until the moment of delivery, the Customer may withdraw from the contract for a sound reason only. Contract cancellation shall become effective only upon written notice to PřekladatelskýServis.cz (TranslationService.cz). In this event, PřekladatelskýServis.cz (TranslationService.cz) shall be entitled to reimbursement for lost profit in the amount of the value of the job. Any work done by that time shall be paid by the Customer in full.
10 Delivery
Deadlines shall be specified by the PřekladatelskýServis.cz (TranslationService.cz) according to the best knowledge and good faith and the requested deadlines shall be adhered to as much as possible. Such deadlines may be only probable deadlines. Delivery shall be deemed fulfilled, when the job is sent to the Customer.
11 Prices
We reserve the right to change the prices. Prices are in Czech crowns (CZK) and Euro (EUR). The minimum price charged for any order shall be the price for a half of a standard page as per the type of text. We are not a VAT registered payer.
12 Transfer, Sending
Sending or electronic transfer of the job shall be at the risk of the Customer. PřekladatelskýServis.cz (TranslationService.cz) shall not be liable for any faulty or harmful text transfer or loss thereof or damage thereto during electronic or other transfers.
13 Validity
Shall any or several provisions of GTC be found to be or become null and void; the remaining provisions shall remain effective. In such event, provisions of the Czech law in force shall apply.
14 Payment Conditions
Services provided by PřekladatelskýServis.cz (TranslationService.cz) shall be payable in cash or by bank transfer within 14 days of the delivery of the job, according to the due date specified in the invoice. With big orders and upon agreement with the Customer, the work shall start after an advance payment is received. Additionally, we request reimbursement of the actual cost in addition to the fee agreed. Proofreading shall be charged if the Customer requests that proofreading be done.