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General Contractual Conditions
 

The provisions of the present General Contractual Conditions apply to all contractual relations entered into by and between the Majoros Language Solutions Limited Partnership (hereinafter: Translation Agency) and the Principal (together: Parties). By signing the Order Form the Principal accepts the General Contractual Conditions.

Scope of Services
The Translation Agency provides translation and interpretation services for its clients. Translations are prepared by qualified, independent translators, mediated by the Translation Agency, who may prepare translations for the clients of the Translation Agency after quality screening.

Any service is deemed a written translation the result of which is an electronic or paper-based target-language translation of the source-language text recorded on an electronic or paper data carrier.
Any service is deemed an oral translation, i.e. interpretation the result of which is the immediate or electronically mediated oral translation into the target-language of an oral source-language text.
Proofreading is the checking of the standard usage of language and style of a translation prepared by the Translation Agency or another translation bureau by comparing the source text and the target text in accordance with the requirements of the living language and the checking of the special terms used in the translation on basis of the terminology of the profession.

The Translation Agency may stipulate that the Principal declare the purpose of the translation in the order. These may be the following: solely obtaining information; disclosure, other publication or marketing; use in legal procedures e.g. in patent and/or other proceedings; any other purpose which the translator preparing the translation must pay attention to.
If the purpose of the translation is not presented to the Translation Agency in the order, the Translation Agency shall prepare the translation in the best quality possible, just as if the Principal had ordered the translation solely for obtaining information.

In the absence of a different advance arrangement, the Translation Agency sends the translation prepared in electronic format (in a file) and electronically (in an e-mail) to the Principal.
If specifically requested, one printed copy may be prepared free of charge.

Performance
In the absence of another agreement, the time of the delivery of the translation prepared is 17:00 hours of the date accepted in the order.
A condition of keeping the performance deadline is that the Translation Agency receives all documents necessary for the translation in accordance with the order.
Should these conditions not be complied with in time, the performance deadline is extended proportionately.

Payment
The Translation Agency bills the fees to the Principal immediately after the performance of the order. The Principal receives the invoice by post. In the absence of a different agreement, the amount invoiced is due immediately and without any withholding.
The payment deadline is 8 banking days from the date of the invoice, regardless to the date of receipt of the translation.
In case of delay of payment by the Principal, the Translation Agency is entitled to the interest for late payment determined in the Ptk. (Civil Code of Hungary, Section 301).
In case of default in payment, the Translation Agency reserves the right to suspend the performance of other translation or interpreting works ordered by the Principal, but not yet performed, until the financial performance.

Countermand
If the Principal countermands an order without statutory or contractual entitlement, the Translation Agency sends to the Principal the works already prepared and bills them. In such instances the Translation Agency reserves the right of validation of incidental subsequent damages. In case of interpreting, the Principal may countermand its order 5 working days at latest prior to the commencement of performance without payment obligation.
In case of countermanding within 5 days, the Principal is obliged to pay 50% of the expectable service fees. In case of countermanding an interpretation order within 24 hours of the time set, the Principal is obliged to pay 100% of the net order value.

Warranty
The Translation Agency is obliged to prepare the translation in an expectable quality and a manner suitable for the purpose of the translation.
The Principal may exercise its right of complaint against the Translation Agency regarding the quality of the translation within 8 calendar days from receiving the translated text.
The Principal is obliged to present in writing to the Translation Agency the accurate description of incidental translation faults, errors and types of errors, corroborated with appropriate evidence. The Translation Agency is obliged to correct the errors within the deadline agreed upon with the Principal. If the Parties are not able to set such a deadline or the Principal requests a third person to correct the faults, the Translation Agency is relieved from its obligation to repair. If the Translation Agency corrects the error within the agreed deadline, the Principal is obliged to pay the invoice of the Translation Agency in full.

If the Translation Agency does not correct the errors within the agreed deadline, the Principal may rescind the contract; in such a case the Principal may not use the translation prepared or its copy. The Principal is not entitled to rescind the contract in the case of insignificant errors (i.e. if there are no translation faults in the text prepared hindering its understanding).

Stylistic corrections (modifications) and the inappropriate translation of special terms (especially field specific terms, terms created by the Principal or other internal terms) may not be considered translation errors except if the Principal presented to the Translation Agency the translation of the special terminology at the time of ordering the translation. The Translation Agency does not assume liability for the correctness of the translation of uncommon terminology present in the documents if the order does not include request for professional proofreading.
The Translation Agency does not assume warranty for the translation of texts including parts which are difficult to read (handwritten or effaced) or illegible or which contain meaningless or not interpretable errors, omissions or ambiguities.

If the Principal does not complain within 8 days, calculated from the day following the day when the translation was provably sent to the Principal, the translation must be considered accepted. In such a case the Principal waives all claims to which it would be entitled on basis of incidental faults of the translation.

If the Principal orders an urgent translation, it may not allow for the high quality control which is standard practice of the Translation Agency. In such a case the Translation Agency communicates this in advance and it assumes henceforth no liability for any incidental translation faults in the translation, although it manages the translation process even in such a case with the greatest possible care and attention.

In case of quality concerns, the Principal may claim compensation from the Translation Agency only if it has requested the correction process detailed above to no avail.

Any warranty, guarantee and compensation claims are limited to the value of the fee of the assignment. If, after the Translation Agency accepted the order, it becomes clear that the assignment may not be performed within the agreed deadline due to weighty reasons (e.g. illness of the translator or technical, network problems), the Translation Agency immediately notifies the client.

If the performance of the translation service is impossible due to unforeseeable events (e.g. traffic disturbances, strikes, power outages etc.), during these times all deadlines are suspended. The suspension is ended only when the inhibiting circumstance has ceased.

The client has a legal relationship with the Translation Agency only, but not with the translator or the interpreter. An immediate relationship between the client and the translator is only possible by the approval of the Translation Agency.

Fees
The fees of translation services are included in the particular price quotation of the Translation Agency for the given work.

If the Principal submits the text to be translated in Word or another editable format, in determining the translation fee the character count with spaces of the source text is authoritative. If the number of characters of the text to be translated may not be ascertained (e.g. voice recording or a text in non-electronic format), the Parties agree upon a settlement based on the target-language character count. In such a case a written price quotation is only for informative purposes, the exact fee may only be determined on basis of the translation prepared. [The number of characters is indicated in the „Characters (with spaces)” line under Tools/Word Count of the menu of Word-documents.]
In case of larger translation works, the Translation Agency may differ from the above fees and may quote an individual price.
In the quantitative settlement of interpretation jobs, the basic unit is the time allotted to the performance of the order, including, among others, travel to the province or abroad and back in the case of such orders, intermissions and eating. The Principal bears the travel and accommodation costs of the interpreter.
The fees of proofreading are determined on basis of the schedule of rates ever in force of the Translation Agency, the base of settlement is the character count of the source-text.

A price quotation is only valid in written form and with regard to the price for a period of 30 days from the issuance of the quotation.

An incidental claim with regard to the translation prepared does not entitle the Principal to withhold payment.

If delivery does not take place electronically, the charges of conveying the completed work (courier, post etc.) are borne by the Principal.

If the Principal has not paid in full the entrepreneurial fees invoiced on basis of its prior orders, the Translation Agency is entitled to refuse further orders until the full payment of translation fees.

Confidentiality Requirements
The Translation Agency obliges itself not to give out to a third person, make available for others, publish or use in the course of its activity for others the confidential information obtained in the course of the performance of translation or interpreting assignments, including information on the operations, activity, financial-economic position and plans of the Principal, without a prior written consent of the Principal.
If the Translation Agency involves subcontractors in the performance of assignments, it enforces the duty of secrecy on them.

Cooperation and disclosure obligation of the Principal
At the time of signing the order, the Principal is obliged to inform the Translation Agency about the special format of performance (use of data carriers, number of copies, external form of the translation etc.), which must be recorded in writing on the Order Form. Information and documents necessary for the preparation of the translation must be provided to the Translation Agency by the Principal upon signing the order, without extra requests by the Translation Agency (list of special terms used by the Principal, figures, drawings, charts, abbreviations etc.). If the Principal wishes the Translation Agency to use certain special terms, it must notify the Translation Agency thereof at the time of handing over the necessary auxiliary materials. The same applies in case of demands of language variants. The professional and linguistic correctness of the source-text is the sole liability of the Principal. Damages arising from not conforming to the above provisions are the sole liability of the Principal.
In case of professional texts demanding special expertise, the Principal appoints a professional coordinator with whom the Translation Agency may carry out terminological harmonization.

Other provisions
The Principal consents that the Translation Agency may quote the Principal as a reference with regard to the work performed for the Principal.

The Principal is not allowed to ask by circumventing the Translation Agency the employees or contractual partners of the Translation Agency to complete translation and perform related complementary, mediatory activities. The Principal may employ such persons exclusively as per orders regulated in the present GCC. If the Principal breaches this obligation, it is fully liable for compensation to the Translation Agency and is obliged within its scope to pay to the Translation Agency the full amount which the Principal should have paid to the Translation Agency in the case of placing the order to the Translation Agency.

The Parties settle their incidental disputes arising from their entrepreneurial legal relationship primarily in a peaceful manner. In the case of a failure of reconciliation, the Parties stipulate the exclusive jurisdiction of the local or county court of the seat of the Translation Agency, depending on the litigated amount.
For questions not regulated in this Contract the regulations of the Civil Code of Hungary and the Hungarian laws ever in force are authoritative.

The Translation Agency reserves the right of altering the present document. Disclosure means publication on the website of the Translation Agency.

 

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