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1. The Service
1.1. Under the terms of this contract, AMTrad Services (hereinafter the Translation Provider) provides translation from various languages into Italian of documents in electronic and paper form. It also provides revision services for translations from various languages into Italian.
2. Establishment of contract
2.1. The contract may be established by traditional means (order and confirmation in person or by fax) or electronically (online: order and confirmation by e-mail or Internet).
2.2. The contract may be established as follows:
– The Client sends the translation request to the Translation Provider by e-mail or through the Translation Provider`s website. The Client can also communicate his request by phone.
– In response to the request, the Client receives a quotation through e-mail. The quotation is exclusive of VAT.
– The Client can make the order after accepting these General Contract Terms. After the order has been submitted, the Translation Provider sends a confirmation by electronic means. The confirmation will list the services to be performed, the material to be translated/revised, the language pair(s) involved, the delivery deadline, the amount due for the services (VAT excluded), the payment terms and any special needs of the Client.
– The Translation Provider will deliver the required material (translated/revised documents/files) by the agreed deadline. After the Client confirms reception, the Translation Provider will send an invoice listing the services provided, the amount to be paid and the payment mode/terms.
– The Client will pay the amount due within the payment terms, using the payment mode specified in the invoice.
3. Translation and revision of texts
3.1. The Translation Provider checks the document submitted and immediately notifies the Client upon finding any illegible parts or noticing any other formal or technical fault.
3.2. In pursuit of the highest possible quality, linguistic accuracy and appropriateness, the Translation Provider follows the guidelines listed here.
3.3. The Client is required to cooperate with the Translation Provider in the course of performing the service, for instance by clarifying dubious text passages or whether a given phrase should be translated or not.
3.4. The Translation Provider may charge an extra fee if the Client changes the source text after order confirmation.
3.5. The Translation Provider, according to the Client’s request, sends the translated document to the Client by electronic means.
5. Defective performance, liability, compensation
5.1. The Translation Provider declares that its actions to settle complaints about defective performance and its obligations to provide compensation, repair or price reduction are as follows:
The Translation Provider will accept complaints within 10 days after the Client receives the translated document.
The complaint must identify the passage concerned and give the reason for the complaint. The Translation Provider will correct the defective passage within one working day. In case the Client deems that a large part of the text is faulty, the text will be submitted to a mutually agreed independent expert. Should the third-party linguist confirm the Client's complaint, the Client may cancel the contract by giving the Translation Provider written notice and by paying a charge equivalent to 50% of translation charge. If the complaint was ungrounded, the Client will pay the costs of the independent expert.
5.2. The Translation Provider does not accept liability for:
– price discrepancies or other damage or costs arising from quotation requests or registration involving a deviation from the true facts,
– damage arising from the Client’s partial or complete failure to fulfil his or her cooperation obligation,
– ambiguous wording or ideas in the wording and content of the source text,
– slippage and damage arising from formal or technical faults (corrupted file, illegibility, etc.) and defective content in the source document,
– damage arising from a fault in transmission of the source document, or loss, damage or destruction of the document in transmission,
– damage arising from source content which is in breach of copyright,
– other late performance or damage for which the Translation Provider is not at fault.
5.3. In case of late performance by the Translation Provider, the Client is entitled to cancel the contract by written notification to the Translation Provider, without charge. A service is considered late when the time elapsed from the delivery deadline is longer than 10% of the time between the order confirmation and the agreed deadline (delay unit). Alternatively, the Client may request a reduction of the Provider’s charge by 5% for every delay unit after the first one.
6. Extinction of the contract
6.1. The contract between the Client and the Translation Provider established as defined above has a fixed term which ends upon the performance of the service and rendering of the valuable consideration defined therein. The Contracting Parties may amend or terminate the contract by written common agreement at any time.
6.2. The Client may cancel the contract at any time before receiving the agreed service. In case the Translation Provider has already started work, the Translation Provider will deliver the work completed so far, and the Client will have to pay a cost proportional to the work accomplished, plus an indemnification equal to 10% of the initially agreed price, or to the difference between the initially agreed price and the price proportional to the work accomplished, whichever is less.
7. Scope and validity of the contract
Unless an agreement is made to the contrary, and beyond the contents of the order and the confirmation, performance of orders will be governed the general contract terms defined herein.
The Parties may deviate from these by written common consent. These general contract terms will be valid until they are withdrawn.
8. Closing provisions
8.1. The Parties are obliged to cooperate with each other with a view to performing this contract and to notify each other immediately of any problem arising which may obstruct, restrict or delay performance. Transmission and exchange of e-mails will constitute written notification and information during the term of this contract.
8.2. The Client and the Translation Provider are obliged to safeguard all business secrets, data, information and facts which come to their knowledge in the course of performing the contract and whose disclosure to an unauthorised third party would violate or endanger the personal interests of the parties or a third party. They will refrain from any conduct which harms or could harm the reputation of the other party or a third party, or could cause injury to their economic interests.