GTI-services General Terms and Conditions

Article 1 – Applicability of the terms and conditions

These terms are applicable to all transactions and agreements between GTI-services and the principal.

Article 2 – Quotations; agreement

2.1 All quotations and cost estimates shall be without obligation for the principal.

2.2 The agreement between GTI-services and the principal shall take effect after the acceptance via e-mail of GTI-services' quotation by the principal. All quotations and fees stated exclude VAT  unless otherwise noted.

Article 3 – Modification/withdrawal/refusal of commissions

3.1 If, after the agreement has been concluded, the principal makes any alteration to the original version, GTI-services shall be entitled to adapt the remuneration or to reject the commission altogether.

3.2 In the event of a commission being withdrawn by the principal he shall be liable for payment of that part of the commission that has already been executed.

3.3 GTI-services won't accept any text which infringes or violates other people's privacy or public rights. GTI-services reserve the right to refuse translation commissions which are considered unlawful, libellous, defamatory, obscene, indecent or pornographic. Translation commissions can also be refused by GTI-services in view of their content or volume.

Article 4 – GTI-services’ company policy, confidentiality

4.1 GTI-services shall commit themselves to executing the commissions to the best of their ability, employing sound professional knowledge and skills.

4.2 GTI-services shall treat any information entrusted to them by the principal with the strictest confidence. GTI-services shall require their employees and agents to observe the “strictest confidence” clause of this agreement. GTI-services are not responsible however for the violation of confidentiality by their collaborators if they can make it plausible not having been able to prevent the violation.

Article 5 – Intellectual property right

The principal shall indemnify GTI-services from any claim by a third party regarding alleged breach of rights of ownership, patent, author’s copyright or other language intellectual property in connection with the execution of the commission.

Article 6 – Complaints

6.1 The principal shall report complaints concerning the work delivered by GTI-services and inform, via e-mail, his or her dissatisfaction with the translation within 14 days after delivery. The reporting of a complaint shall in no way relieve the principal of his obligation to pay for the work delivered.

6.2 Should the complaint be well founded, GTI-services will try to improve or replace the delivered work within a reasonable period of time, or if GTI-services cannot reasonably comply with the request for improvement - they may agree to a reduction in the fee.

6.3 The principal's right to make a claim shall cease if he has revised - or has caused to be revised - the work as delivered and has subsequently passed it on to a third party.

Article 7 – Delivery

7.1 The delay is to be requested from GTI-services. If  principal has opted for GTI-services' URGENCY service and has agreed upon the extra cost, the delivery of translations will take place within 24/48 hours. If GTI-services for any reason can't comply with the delay, principal can claim a reduction of the translation fee up to 50%.

7.2 Should GTI-services be accountable for the delay in delivery, the principal shall be entitled  to rescind the contract unilaterally. In this event, the principle remains obligated for payment of the invoice of the delivered translations up to that time.

7.3 Delivery of documents via electronic post shall be considered to have taken place when the medium has confirmed the dispatch.

Article 8 – Fees and payment-procedure

8.1 GTI-services' fee for translations is, in principle, based on a source word tariff.  For interpretations GTI-services charges per hour.

8.2 All sums shall be stated excluding value-added tax, unless expressly stated to the contrary.

8.3 Regular accounts should be settled at the latest 30 days after the date of the invoice and in the currency in which the invoice is drawn up. Should the payment not be made within the period specified, the principal shall immediately, without further notification, be in default, in which case the principal shall be liable for the statutory interest from the date of default to the moment of full settlement.

8.4 New accounts for non-regular clients imply principal's payment of 25% of the translation sum before and 75% of the translation sum after delivery of the translations.

8.5 All collection cost  judicial and/or extra judicial are at principal's charge. In the event of extra judicial collection, collection rates of 15% over the capital sum shall be levied with a minimum collection charge of EUR 300.

8.6 The principal has to comply with the rules of the payment procedure via PayPal or wire transfer unless GTI-services' consent has been obtained to follow a different payment procedure. The account is supposed to be fully settled when GTI-services receive a message stating that the money transfer has taken effect. The date of its reception is to be considered as irrevocable evidence in case of a possible conflict arising from principals' payment delays.

Article 9 – Disclaimer

9.1 GTI-services shall be responsible only for damage that is the direct and demonstrable result of a shortcoming for which the translator can be held accountable. GTI-services shall never be liable for any form of damage such as consequential loss, loss due to delay or loss of income or profits. The liability shall in any case be limited to a sum equal to the invoice value.

9.2 Ambiguity in the text to be translated indemnifies the translator from any liability.

 

Article 10 – Force Majeure

10.1 In the present terms and conditions, force majeure shall be understood, in addition to the legal definition and interpretation of the term, to include all exterior causes, whether anticipated or not, over which GTI-services cannot exercise any control, but which prevent GTI-services from being able to meet their commitments. Such circumstances shall in any case include - but not exclusively - fire, accident, illness, industrial action, rebellion, war, governmental measures or hindrance or restriction of any means of data transport.

10.2 During the period covered by force majeure, GTI-services' commitments shall be suspended. Should the period within which force majeure prevents GTI-services from meeting their commitments exceed 7 days, either party shall be empowered to rescind the agreement; no obligation of indemnity shall in such case arise.

10.3 If, at the time of the commencement of force majeure GTI-services have partially met their commitments, or can only partially meet their commitments, GTI-services shall be entitled to edit a separate invoice covering the work executed and the principal shall be bound to pay the said invoice as though it applied to a separate agreement.

Article 11 – Rights to obtain free translations

11.1 GTI-services can offer their new potential clients the possibility to acquire a free professional translation. They are offered the possibility to have 1 text professionally translated up to 100 words to become familiar with GTI-services. This promotion is only valid for a limited period and can either be continued or stopped by GTI-services after each promotion period. Texts which are offered to be translated have to meet certain criteria. More details on the relating page.

11.2 GTI-services offer the principal with a regular account the possibility to acquire a free professional translation. The principal obtains T-points with each duly paid translation. Translation projects up to 1000 words receive 1 T-point, translation projects up to 5000 words receive 2 T-points, translation projects up to 10000 words receive 3 T-points, translation projects over 10000 words receive 4 T-points. After having accumulated 4 T-points, the principal automatically obtains the right to exchange these points for a free professional translation up to max. 1000 words. The principal will be automatically informed via e-mail  by GTI-services as soon as the 4 T-points limit has been attained. The principal may also use the obtained 4 T-points in exchange for a future translation. For this specific translation the first 1000 words won't consequently be charged. The right to obtain 2 new T-points however will in this case be cancelled. The right to exchange T-points will automatically expire three months after the delivery of the e-mail message informing the principal about the acquired right.

Article 12 – Applicable law

12.1 French law shall be applicable to all legally binding transactions between the principal and GTI-services.

12.2 Any dispute shall be subject to the judgment of the officially appointed French judge.

last update:      03/08/2008