
Terms of Sale
general applicable conditions
All orders (projects) placed imply the Client's full acceptance of these Terms of Sale, without reservation and to the exclusion of any other document. A new Client will be given this document to view. Each order thereafter, will not need explicit review of this document unless it has been updated since the Client’s first review. The Client reserves the right to request a copy of this document at any time.
The execution of any service by the Contractor[1] implies the Client accepts these Terms of Sale and waives their own general terms and conditions. Any other provision, in the absence of manifest consent, will be ineffective against the Contractor, regardless of the time at which she may have been made aware of it. Any condition to the contrary shall not be binding to the Contractor unless expressly accepted by the Contractor in writing. That the Contractor does not exercise one or more of the provisions in these Terms of Sale shall not be interpreted as a waiver of the Contractor's right to exercise any of the provisions in these Terms of Sale later.
[1] Eco Ventures English
Each order placed by the Client shall be preceded by a quote issued by the Contractor based on the documents to be worked on or information provided by the Client.
The quote shall include:
the number of source words[1] for translation (TR) projects OR the number of target words1 for editing (ED), final eye (FE), linguistic validation (LV) proofreading (PR), and writing (WR) projects,
the language pair for TR, LV, and PR projects,
the way in which the project was priced (hourly, per word1, flat rate),
a proposed date for project delivery,
requested deliverable material type,
payment method and payment due date, and
any extra costs applied for any service that goes beyond what is usually provided by the Contractor.
The Client expresses their clear acceptance of and agreement to all aspects of the order by signing the quote either in pen or electronically. The Contractor shall only commence work on the project in question once confirming she has received the confirmed quote. If confirmation of the order is not received within a reasonable time frame (the proposed delivery date less the projected working less an additional two (2) business hours[2]), the quote shall be considered null and void. For example, if a quote is delivered January 01, 2000 at 09:00 CET, the projected working time is ten (10) business hours, and the proposed delivery date is January 02, 2000 at 17:00 CET, the order must be confirmed by 17:00 - 10 hours - 2 hours = January 01, 2000 at 13:00 CET.
The Contractor reserves the right, after informing the Client, to charge additional fees and/or not to adhere to the delivery date on the Client's initial order in the following cases:
modification of documents or addition of documents by the Client after the initial quote was prepared by the Contractor,
late delivery of the source documents,
if the documents were not supplied during the quote preparation process, and/or
if the initial quote was based on the Client's estimate of the number of words and/or only an excerpt of the text.
Any fee agreed upon, which is found to present latent special difficulties of which neither party could reasonably be aware at the time of offer, shall be subject to renegotiation, always provided that the circumstances are made known to the other party as soon as reasonably practical after they become apparent.
In the absence of the Client's express acceptance of the new delivery and/or pricing conditions, the Contractor reserves the right not to commence work.
[1] Word counts are achieved using Trados software.
[2] Business hours are those occurring between 09:00 and 17:00 in the time zone in which the Contractor is residing at the moment the quote is delivered. 24-hour time is used.
In the event a quote is not sent to the Client before the commencement of work, services shall be invoiced at the rates provided in the most recently updated version of Eco Ventures English Rates and Services, a copy of which is available on request at any time.
The invoice shall include:
the number of source words[1] for translation (TR) projects OR the number of target words1 for editing (ED), final eye (FE), linguistic validation (LV) proofreading (PR), and writing (WR) projects,
the language pair for TR, LV, and PR projects,
the way in which the project was priced (hourly, per word1, flat rate),
a proposed date for project delivery,
requested deliverable material type,
payment method and payment due date, and
any extra costs applied for any service that goes beyond what is usually provided by the Contractor.
The Client expresses their clear acceptance of and agreement to all aspects of the order by signing the invoice either in pen or electronically. The Contractor shall only deliver the finalized files of the project in question once confirming she has received the confirmed invoice.
[1] Word counts are achieved using Trados software.
In any project, the Contractor reserves the right to request a deposit be made before the delivery of the finalized files of the project in question and/or before commencing on the project in question. This request must be made during the formulating of the quote and agreed to by the Client. In such cases, the Contractor and Client will agree to a flat rate or percentage to be delivered on a certain date by a certain time. Work shall begin and/or files shall be delivered only once the payment has cleared.
Any delivery date(s), time(s), and method(s) agreed on between the Contractor and the Client shall become binding only once the Contractor has received all the documents to be worked on and the confirmed quote or invoice.
The Contractor shall carry out her task using reasonable skill and care.
Time and expense permitting, the Contractor shall endeavor to do the work to the best of her ability, knowledge, and belief, consulting such resources as are reasonably available to her at the time.
The Contractor shall not be held liable for any inconsistencies or ambiguities in the Client’s source text(s).
The Client shall provide the Contractor with the texts to be worked on and all additional information required to understand the text and, if necessary, the specific terminology required. If the Client fails to inform the Contractor, the Contractor shall not be held liable if the final product does not conform to the Client's standards or if delivery is late.
The Client has ten (10) business days from the time the translated documents are received to inform the Contractor in writing of any disagreement concerning the quality of the product. Once this period has expired, the service shall be considered duly completed and no claims may be made.
The Contractor agrees to preserve the confidentiality of information the Contractor becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon request.
The Contractor shall not be held liable if information is intercepted or used by a third party during the transfer of data. The Client must therefore inform the Contractor before the provision of services or at the time the order is placed of the means of transmission the Client would like the Contractor to use to ensure the confidentiality of any sensitive information.
The Contractor shall always exercise due discretion in respect of disclosure to any third party of any information contained in the Client’s original documents or work thereupon without the express authorization of the Client. A third party may be consulted over specific terminology queries, provided that there is no disclosure of confidential information.
The liability of the Contractor on any grounds whatsoever shall be limited to the invoiced value of the work.
It is expressly agreed that delivery deadlines are provided for information only and that missed deadlines shall not be considered grounds for penalties. The Contractor shall not be held liable for direct or indirect harm to the Client or a third party resulting from late delivery due to force majeure or fax transmission, electronic mail, postal, and other problems.
If a final product is in any way amended or altered without the written permission of the Contractor, the latter shall not in any way be liable for amendments made or their consequences.
If an objective error or omission is found and brought to the attention of the Contractor, she will correct this at no extra charge. Unless otherwise specified in writing, amendments of a preferential or stylistic nature will result in additional charges to be billed at the agreed upon rate in the original quote.
Unless otherwise stated on the quote, payment in full to the Contractor shall be made within fifteen (15) days of receipt of the finalized files of the project in question.
In the case of payments made using foreign currency, all exchange and banking fees will be paid for by the Client. Any additional fees charged by a third-party platform will be paid for by the Client.
Quotes are submitted in USD and are subject to fluctuation in the exchange rates of any payments made in foreign currency. The USD number on the quote is what will be paid at time of invoice/payment, regardless of any increase or decrease in the monetary value of a foreign currency.
In the event of late payments, orders in progress will be unilaterally interrupted until full payment is received and the Client will be liable for late payment penalties of 8.5% above the European Central Bank’s reference rate, without any formal notice being required.
Before undertaking to have a document worked on, the Client must ensure that this does not infringe any third-party rights. The Client must therefore be the author of the original document or have obtained written permission to have the document worked on from the party holding copyright to the document. If these conditions have not been ensured by the Client, the Contractor shall not be held liable if all or a portion of the documents worked on infringed the rights of a third party or violated any applicable regulations.
The Client acknowledges that the delivered product is in itself a new document whose copyright, in the absence of a specific written agreement to the contrary, remains the property of the Contractor. The Contractor reserves the right to require that the Contractor's name be mentioned on any copies or publications of the delivered product. Where it is agreed that copyright is to be assigned to the Client after delivery, such copyright shall only be assigned when full payment for the work has been received. Until such time, the copyright shall be owned by the Contractor.
If work that is commissioned is subsequently cancelled or reduced in scope for whatever reason and notified in writing by the Client to the Contractor, the Client shall pay the Contractor the full contracted sum for the work completed and half (fifty percent) for the uncompleted work. The completed work shall be made available to the Client.
If the Contractor is unable to complete the work within the agreed time as a result of Force Majeure (natural disaster, personal crisis, industrial dispute, civil commotion, acts of war, terrorism, or any other situation beyond the Contractor’s control), the Contractor shall notify the Client of the circumstances which entitle the Client and the Contractor to withdraw from the contract for the work. The Client shall pay the Contractor for any work completed, which the Contractor will make available to the Client, and the Contractor shall endeavor to assist the Client to place the work elsewhere. The Client may not, as a result of this cancellation, post in any form in any location (physical or online) slanderous of reputation-assaulting reviews of the Contractor or the Contractor’s company.
In the event of a complaint or dispute of any nature whatsoever, the Contractor and the Client agree to attempt to settle the complaint or dispute amicably.
If a dispute cannot be resolved amicably between the parties, or if either party refuses to accept arbitration, the parties shall be subject to jurisdiction.
