Verbosari d. o. o. general terms and conditions of service
- SCOPE OF SERVICES
The offer of services regulated by these terms includes any language or services of any other kind provided by Verbosari d. o. o. za usluge prevođenja, Put svetog Mihovila 26, 21253 Gata, Zvečanje, Republic of Croatia (hereinafter: service provider) to its clients (hereinafter: clients).
- ORDER OF SERVICES
By accepting the offer in any form (a signed copy of the offer or a notice of acceptance/order by e-mail/short text message via any communication channel or faxed document, or by acceptance within the translation project management system available on the www.verbosaritms.eu), it is considered that the client gives one’s consent and gives one’s permission as an irrevocable order and order for the provision of the service specified in the offer previously sent to the client. The client is obliged to make available one’s personal data (natural person) and/or the data of the company (legal entity) one represents to ensure a proper provision of the service and its consequent collection.
By confirming the offer of the service in question or by ordering the service directly, the client accepts all clauses of these general terms of service.
To create a non-binding and informative offer, the client must provide as much information and as many details as possible regarding the desired service. The inquiry or our informative offer are not considered order confirmation because an essential condition for the validity of the order is its confirmation (an official order is an order via e-mail, or a purchase order sent by fax and post; the original purchase order or the correct form of the purchase order) or the payment of the service within the deadline and under the terms specified in the offer (usually in the form of a pre-invoice). If the fee for the requested service is not paid within the time limit specified in the offer, or the purchase order is not sent, or if the offer is not confirmed in some way, the service is understood as never having been ordered. Of course, in that example, the client’s order is listed as an unconfirmed offer. In that case, regardless of the failure to settle the pre-invoice in the form of an offer, or the failure to confirm the offer, the client may be provided with the desired service, but under new conditions.
- KEEPING TRADE SECRETS, AND CONFIDENTIALITY
All personal data, information, texts, verbal and written arrangements, and any other material made available to the service provider for the purpose of providing the service concerned shall be kept as a trade secret and shall not be forwarded to third parties. All said data and information are processed in accordance with the General Data Protection Regulation (GDPR).
Each external service provider (part-time associate) of the service provider undertakes to keep trade secrets. All materials owned by the client are returned to the client at one’s request, and all materials are permanently destroyed at the client’s special request. Upon special request, the client may receive a Confidentiality statement signed by each individual translator working on the project concerned. The service provider shall not be liable for disclosing or using information which already is or becomes known to a third party or the public in the future, or which must be disclosed under the law in accordance with a competent authority’s request. In any case, the service provider is obliged to indicate that the document is confidential before or during the creation of the production order.
We recommend that strictly confidential documents be submitted directly to the individual concerned, since 100% protection of information sent via e-mail or the internet in general cannot be guaranteed despite all our security measures against unauthorised access.
If the client wishes to use the terminology approved and requested by the client, one shall communicate this to the service provider at the time of the translation documents/materials delivery. If the client does not make available the lists of technical words in the source and target languages, as well as specific dictionaries and materials to ensure consistency of terminology, each technical term shall be translated to the best of translator’s knowledge, using all publicly available and internal dictionaries, glossaries and materials in electronic, digital or written form. If the desired terminology to be applied in translation is not provided, in no case shall comments on the translation relating to the terms used be taken into account. The client may also require a special service of creating glossaries before starting translation. When creating glossaries, established and approved sources shall be used.
The client undertakes, if the service provider so requests, to designate the contact person whom the service provider may contact in case of confusion regarding terminology. Otherwise, resources available to the service provider shall be used.
For translations which go to print or are texts of high visibility, the provider recommends proofreading and editing or redaction according to the client’s wishes. For complaints about non-proofread / edited / non-redacted texts already published in the press or in public, the translation provider shall assume no responsibility. Proofreading / editing / redaction may be separately ordered from the service provider.
The deadlines and delivery method are agreed upon before or during the submission of the work order / order and are indicated in the offer. If the delivery deadline is not specified, we deliver the service according to our capacity, internal priorities and after all the additional checks have been carried out. The case of force majeure constitutes a legitimate reason for the delay in delivery in proportion to the duration of the circumstances arising from that force majeure. In case of force majeure, an additional delivery deadline shall be agreed upon.
The following cases are considered force majeure (a non-exhaustive list): natural disasters, inclement weather which prevents workers from coming to work, war and war events, strike, protests and similar situations, fire, flood, power outages and network failures, epidemics, etc. The client is obliged to send the document and/or materials for translation in the format in which editing is possible.
If the client submits a document and/or materials in a non-editable format, the service provider is not liable for the loss of the original form after the requested service has been provided. The client may order, as a separate service, a graphic formatting service (DTP) before the beginning of the translation process. The deadline for delivery of the service is determined when receiving the materials and/or documents necessary for the provision of the requested service. The deadline to provide the service does not include days at the end of the week and holidays, the day of the order and the day of delivery, or religious or secular holidays and weekends.
The calculation shall be made based on the size of the target text, or based on the size of the source text if the price needs to be determined in advance. The smallest calculation unit is one word, while some services are charged per hour.
For the services for which computer assisted translation tools (CAT tools) are used, the calculation may be made on the basis of the number of words of the source text. The calculation is performed using special software for counting and calculating words. If it is not possible to calculate using software programs, the amount of text is determined based on project manager’s estimate. For services which include or require complex text processing, or any graphic processing, the price shall be negotiated and calculated separately. The services for which the offer in question is issued shall be charged according to that offer, but any deviations established during the performance of work shall be communicated to the client to determine the further course of service provision by mutual agreement if the deviations greatly affect the service provision process. A specific offer may only be made if the client submits complete documentation for the provision of the service in question, together with a precise description of all additional services. When it comes to reviewing, proofreading and/or correcting others’ translations, we reserve the right to calculate the price at our discretion if the scope of work to provide that service requires us to spend the same amount of time and work as if we had provided the translation service ourselves.
All services shall be paid for in advance, or when downloading them, or according to the due dates specified in the invoice and/or in the business cooperation agreement if it is entered into such an agreement. If the services are delivered online, the client must provide the service provider with a confirmation of payment of the offer/invoice for the service in question before the deadline for the service delivery. If the service provider does not receive confirmation, the delivery shall be suspended until the payment is made. Late payments incur statutory-determined interest, and all other amounts to which the service provider is entitled by law. The service provider considers the client to be any natural or legal person that ordered the service, unless the person concerned expressly states that one is acting in the name and on behalf of a third party, whose name and address are provided to the service provider when the offer is created, and attaches proof of the third party’s consent. The price of the services shall be calculated in accordance with the service provider’s applicable price list valid on the date of the conclusion of the contract, or in exceptional examples, in accordance with the prices determined by a special written agreement with the client. Permanent business partners may, in accordance with a special contract on the provision of services, be granted a discount as agreed.
If the client wishes to cancel the already ordered service before the agreed upon deadline, one can only do so by means of a written notification. In that case, the client must pay the service provider all the costs incurred as a result of that cancellation. To legal persons, the invoice is issued after the service has been provided. If the client does not settle one’s debts even after receiving a warning, the service provider may make use of all legal measures to collect the debt (legal proceedings, third-party engagement, etc.).
A complaint is possible only if the client settles all one’s obligations.
If the client believes that the service provided has deficiencies in the quality or medium on which the translation was delivered, the client is obliged to submit a written complaint within seven (7) days of receipt of the service provided and explain in detail the reason for the complaint. The client’s complaint is discussed in detail with a team of language experts before making the final decision on the quality of the service provided. We do not acknowledge complaints about urgent translations, i.e., translations requiring translation of more than six cards or 1500 words per day. For complaints that prove to be unjustified, we charge an hourly language counselling service, which the client is obliged to settle upon completion of the process of assessing the client’s complaint. For complaints that prove justified, we do not charge for language counselling.
A complaint may be considered justified if:
- the text in the target language has more or less information than the source text,
- the target text lists incorrect information in relation to the source text,
- the meaning of the translated sentence does not correspond to the meaning of the source sentence if the source sentence is not ambiguous, and
- the target text has grammatical errors that affect the meaning of the target text.
A complaint is not considered justified:
- if the translated word, object of complaint, is a synonym,
- if the translated term is also found in the same meaning in publicly available dictionaries,
- if it is an individual typographical error (typographical errors) – those which usually cannot be detected by spell check tools – and if that error does not change the true meaning of the whole sentence, and
- if the error occurs due to a grammatically incorrect source text, poorly visible text, if the source text specifies technical or internal terms or abbreviations for which the client has not provided an explanation or terms in a language not specified in paragraph 1 of these general terms of service.
If the complaint is justified, the client sets a deadline to amend the translation. The service provider shall carry out such amendment, which is necessary due to one’s own error, as soon as possible and at one’s own expense.
Stylistic improvements, i.e., corrections of specific technical terms or abbreviations (especially technical terms related to a particular profession or internal rules of the client’s company), are not considered to be inadequacies in translation. We reserve the right to separately calculate such amendments if that part of the work is not agreed upon during the submission of the offer, that is, if the client does not provide the appropriate lists of technical or internal terms before starting work.
All damages claims from the service provider are limited to the amount of the invoice for the service provided in question, except if not stipulated or arranged otherwise. Cases of intentional errors or gross negligence shall not be subject to this provision. Liability for missed profit or incidental damages does not exist.
- COPYRIGHT AND RIGHTS OF USE
Copyright and rights of use of texts, translations, graphics and documentation produced as part of performing ordered work remain permanent property of the service provider, unless otherwise specified in the contract with the client.
We reserve the right to list the client’s name on our website and in other promotional materials as a reference. We do not enforce that right if the client informs us in writing that one is opposed to it. At any time, the client has the right to request in writing that one’s name and our business cooperation be maintained strictly confidential.
If any of the provisions of these general terms and conditions of service is or becomes ineffective or unenforceable, this does not affect the effectiveness and enforceability of other provisions. Such ineffective or unenforceable provision shall be replaced by a provision closest to the purpose of the ineffective or unenforceable provision.
For all disputes arising in connection with or out of these general terms of service, the jurisdiction of the Commercial Court in Split shall apply.
These terms of service were originally written in Croatian. The version in Croatian takes precedence over the translation into English.