GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF THE AGREEMENT FOR IMPLEMENTING WRITTEN TRANSLATION, LEGALIZATION OF DOCUMENTS, CERTIFICATIONS, INTERPRETTING AND EDITING, APPLIED IN TRANSLATION AGENCY ADAPT BULGARIA LTD.
These General terms and conditions settle the commercial conditions and the requirements for translation services as well as the relationship between Translation Agency Adapt Bulgaria Ltd., hereafter referred to as Contractor, and the user of translation services, hereafter referred to as Assignor. In order to use the services of Translation Agency Adapt Bulgaria Ltd. you need to be informed of the provisions of these General terms and conditions and to accept to observe them.
1. ASSIGNING AN ORDER
The order for translation is assigned by the Assignor to the Contractor with a filled Order-Customer form, in the office of the agency, via e-mail, courier delivery or fax. The order shall be accompanied by the document for translation and contains the following:
- Languages of the source and target texts;
- Contractual price for 1 page of 1800 characters in translation, as per BDS;
- Period for implementation;
- Method of receiving the order by the Contractor and type of the source text;
- Method of submitting the order to the Assignor and type of target text;
- Payment method;
- Requirements in respect to the terminology and possibly ancillary texts/consultant provided by the Customer;
- Spelling of the names as per international passports, any requirements for the inscription of names, official or unofficial translation and any other important clarifications;
- Clarification of abbreviations and shortenings in the text;
The Contractor and the Assignor both shall sign the Order-Customer form when the order is received by the Contractor and then when
it is submitted to the Assignor.
2. IMPLEMENTATION AND SUBMITTING THE ORDER
2.1. The order is completed by the Contractor when it is submitted to the Assignor and all requirements of the Assignor have been observed, with as well as the provisions of the legislation in force and the requirements of the Quality management system of translation services according to the Translation Services Standard EN 15038:2006, and other specifications guaranteeing the quality of the order for translation.
2.2. The deadline for completing each order shall be indicated by the Assignor and accepted by the Contractor if the deadline is considered possible for implementation by the Contractor.
2.3. In the event of delay for certain certification/legalization by a state institution, the Contractor shall not be held liable for failing to comply with the deadline for completion.
2.4. The deadline shall be considered valid provided that the Assignor does not introduce further changes in the course of implementing the Order.
2.5. The method of receiving the order shall be indicated in the Order-Customer form. In the event of execution an order by e-mail by the Contractor, the Assignor shall confirm via e-mail that has received the executed order. The orders submitted in the office of the Contractor, shall be received on the indicated date against the signed Order-Customer form issued by the Contractor to The Assignor. Presenting this form is a guarantee for avoiding mistakes in submitting the completed order.
When receiving an order which included legalization, the customer shall inspect their legalized documents. Any remarks shall be made on site, when receiving the order.
3.1. The price for a translation shall be calculated as per the price list established by ADAPT BULGARIA Ltd. based on one page of translation containing 1800 characters with spaces. The number of pages shall be calculated in the electronic form of the text with the function Word Count from the menu Tools/Review of Microsoft Word. The numbers of layout pages of the source and target text are not basis for calculating the price.
3.2. The price is formed as sum of a few segments:
- Language group;
- Specifics /specialized, non-specialized/ and the complexity of the text;
- The type of the translation service: express - 8 business hours, normal - 24 hours or slow - 3 or more days;
3.3. In the event of translation of a text with multiple pages for establishing the type of service - express, normal or slow - the following norm shall be applied: 1 day - 8 pages of translation.
3.4. The price for the translation includes translation made by a sworn translator, check of the factual data by an editor with the quality of a sworn translator, and/or if necessary by an editor-expert.
3.5. The price for legalization and certifications is formed by:
1. The type of the document and the state fees for certification in the respective institutions;
2. The number of required certifications;
3. The value of the courier service.
4. PAYMENT METHOD
4.1. The price shall be paid in Bulgarian levs (BGN): with an advance payment of 50% of the value of the service, when the order is
submitted. The rest of the amount shall be paid by the Assignor to the Contractor when receiving the completed order. If the payment is made via bank transfer, than it shall be made up to 5 (five) business days after the Contractor gives the Assignor the completed order.
To the amount of the service the Contractor accrues VAT and issues an invoice and a cash receipt if the payment was in cash.
4.2. The price shall be paid in one of the following ways:
- Cash payment in the office of ADAPT BULGARIA Ltd.;
- Bank transfer to the account of ADAPT BULGARIA Ltd.;
- Postal money order;
- Cash on delivery;
5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
5.1. The Contractor undertakes:
5.1.1. To provide executors with the required qualification.
5.1.2. To execute the orders as per the deadlines and prices indicated in the Order-Customer form and/or the respective offer.
5.1.3. To provide, upon request of the Assignor, information for the current execution of the order.
5.1.4. To keep all received by the Assignor ancillary materials and to return them, upon request, when the order they are provided for is completed.
5.1.5. To issue the Assignor the required document in order for the payments to be implemented under these General Terms and Conditions.
5.2. The Contractor has the right:
5.2.1. To receive any required materials in respect to the execution of the order as well as additional (clarifying) information for specific and precise requirements by the Assignor. The Contractor has the right not to start or to stop the execution of the order if the Assignor has provided inaccurate or insufficient information and having been sent invitation in writing by the Contractor the Assignor fails to provide correct and precise information for the implementation of the order resulting in making impossible the execution of the order. In the event of ceasing the execution of the order the Assignor shall pay the Contractor the executed part of the assigned order.
5.2.2. To implement all required legal actions in respect to the execution of the orders for translation and/or legalization of documents.
5.2.3. To receive the respective payment by the Assignor under the conditions and payment method specified hereby.
6. RIGHTS AND OBLIGATIONS OF THE ASSIGNOR
6.1. The Assignor undertakes:
6.1.1. To provide the Contractor with all required materials for the implementation of the order.
6.1.2. To collaborate, when the orders are being executed, on the issues of its competence.
6.1.3. To execute the payments under the method and the deadlines specified hereby as for that aim signs and/or provides the required for that aim documents.
6.1.4. The Assignor undertakes to confirm that has received the completed order by signing on the Order-Customer form and in the event of receiving the translated text via e-mail by a reply to it or via the electronic option for confirmation of receiving the e-mail.
6.1.5. In the event of a refusal of the Assignor to receive the completed order, the Assignor shall owe the Contractor the agreed amount for its execution. Non-appearance for receiving the completed orders in the period agreed in the Order-Customer form or after being sent a written invitation by the Contractor for a longer period shall also be considered as refusal to receive the completed order.
6.2. The Assignor has the right:
6.2.1. To take back any ancillary materials provided to the Contractor in respect to the implementation of the order.
6.2.2. To require information by the Contractor in any given moment of the execution of the exact order.
6.2.3. To receive by the Contractor the required documents for implementation of the payments under the General Terms and Conditions..
6.2.4. The Assignor has the right to cease the execution of the assigned to the Contractor order by notifying the Contractor in writing. In this case the Assignor undertakes to pay the Contractor for the already completed part of the order assigned to the Contractor.
7.1. The claim in respect to quality shall be made in writing listing and describing the errors. After receiving the claim an additional edition by an editor-expert shall be made at the expense of the Contractor. If the Assignor refuses to accept the edited text the merits of the claim are reviewed by two editors-experts of the Assignor. According to their opinion a discount from the price can be made.
7.2. According to Art. 126 of the Consumers Protection Act the claims for services shall be made up to 14 days since finding the discrepancy of the service with the agreed upon.
8.1. In the event of a delay for submitting the completed order by the Contractor with more than 2 days the latter shall owe the Assignor a penalty amounting of 1% of the value of the order for each day of the delay but not exceeding 20% of the amount of the order.
8.2. In the event of force-majeure circumstances a new period for execution shall be agreed upon and no penalties indicated in the previous paragraph shall be due.
8.3. In the event of a delay of the payment of the order by the Assignor, the latter shall owe the Contractor 1% of the due amount for each day of the delay of the payment but not exceeding 20% of the value of the order.
In the event of a claim for the quality of the translation as per Art. 7 and in the event of proving that the translation was with poor quality, the Contractor shall make a discount from the end price of the translation excluding the amounts for the state fees for certifications and state fee stamps for legalization amounting to 20%.
9. CONFIDENTIALITY. REFERENCES
9.1. Confidentiality. The Contractor undertakes not to disclose and spread before third parties information in respect to the overall activity of the Assignor, become known to the Contractor at and in respect to the execution of the obligations of the Contractor indicated hereby. In this respect the Contractor is fully liable for the actions of any employees and sub-contractors hired by the Contractor. The confidentiality obligation and the liability of the Contractor are valid during the execution of these General Terms and Conditions as well as one year after their termination.
9.2. References. The Contractor has the right to include the Assignor in the list of customers for the aims of its company marketing, which may be: customer lists, advertising websites, website links and press publications.
10. PERSONAL DATA PROTECTION
By accepting these General Terms and Conditions the Assignor gives its express and unconditional consent for the Contractor, in the capacity of an administrator of personal data, to process the personal data to which the Contractor has received access in the conclusion and execution of the contract including to provide these data to other entities, companies or institutions authorized and/or related to the Contractor, for the aims of the execution of the order or other lawful aims.
11.1. The copyrights on the created products belong to the Assignor.
11.2. Copyrights on the products, developed under these General Terms and Conditions, are not provided for software, programming techniques, libraries and modules developed by the Contractor, in respect to other projects and customers.
11.3. The rights provided to the Assignor by the Contractor in respect to these General Terms and Conditions, shall be immediately terminated in the event the Assignor fails to perform its contractual liabilities under the General Terms and Conditions.
12.1. Each of the parties has the right to terminate the contract with a written notice to the other party.
12.2 The Contractor undertakes to return to the Assignor all provided materials, as well as their translations, partially or completely completed, as of the date of receiving the notice. The Assignor undertakes to pay the Contractor all outstanding amounts for the partially or completely executed orders as of the date of receiving the notice.
12.3. The Contract can be terminated by mutual consent in writing as the parties undertake to settle between them all liabilities occurred during the implementation of the contract.
12.4. In the event of termination, the Assignor undertakes to pay the Contractor the due amount for the executed part of the order under the agreed price. In this case the Contractor undertakes to submit to the Assignor the ready translation within the agreed period.
Any deviations from these General Terms and Conditions shall be coordinated and accepted between the parties in writing.
If an individual Agreement for implementation of translation service (Contract) exists, the indicated therein terms and conditions shall take precedence over these General Terms and Conditions.
For all unsettled hereby issues the provisions of the Contracts and Obligations Act, the legislation in force in the Republic of Bulgaria and the requirements of European Standard EN 15038:2006 shall be applied.
The parties shall solve any disputes resulting from the implementation of this agreement by mutual consent via negotiations and when impossible under the provisions of the legislation in force of the Republic of Bulgaria.
ADAPT BULGARIA Ltd. preserves its right to amend these General Terms and Conditions.