Terms of Service.

Applicability

These Terms of Service apply to all services offered by Han Translations (Managing Director: Steffie Vandelacluze). They take precedence over the general terms and conditions of the client, unless otherwise agreed. In that case, both parties – client and language service provider – sign a written confirmation.

Price quotations

An accurate price quotation is drawn up based on the documents supplied. Interpreting services are subject to an hourly rate calculated per hour started or a daily rate depending on the type of interpreting service and location. Prices are exclusive of 21% VAT. The price quotation forms the basis for the later invoice, only applies to the specific project and states an expiration date. The translation will only start after approval of the quotation by the client, by email or in writing.

For source documents for which the number of words is difficult to count (for example due to the format of the documents supplied), the hourly rate can be charged for drawing up the price quotation. If applicable, the client will be informed before drawing up the price quotation.

Advance payments

For some orders an advance payment is required. The amount of this advance payment is always stated on the price quotation. With regard to sworn translations, full advance payment is required in most cases.

Subcontracting

Han Translations reserves the right to work with subcontractors for certain assignments or parts of assignments. This may be necessary for the timely completion of the assignment or when external expertise is required. In such cases, Han Translations may collaborate with subcontractors she deems appropriate for the work to be performed. The subcontractors shall receive from Han Translations only the client and assignment data strictly necessary to perform the assignment. Han Translations takes the necessary measures so that subcontractors protect and respect the confidentiality of customer and assignment data, and cannot be held responsible for this further.

Adjustments

The client is entitled to one round of revision, unless otherwise agreed. Adjustments that have little to do with the original assignment will be invoiced at the normal hourly rate. They are not covered by the price agreements as stated on the price quotation.

With regard to sworn translations, Han Translations will send a draft translation by email. A confirmation of the draft translation is considered as a final acceptance. If desired, the client can request adjustments after reviewing the draft translation. Adjustments to sworn translations are only possible to a limited extent and must always be made in accordance with the code of deontological ethics. Han Translations (Steffie Vandelacluze) reserves the right to refuse requested adjustments to sworn translations. Such refusal has no influence on the invoice, the partial advance payment or the full advance payment.

Adjustments to the sworn translation after the draft translation has been confirmed or when the source document has been modified, will be invoiced at a fixed price (the minimum rate).

Project changes

A unilateral change of the project before the deadline counts as additional work. If the project changes, the client and language service provider agree on a new deadline. Additional work also involves a new price quotation or final invoice.

Order cancellations

The client who has placed his/her order and has confirmed it in writing (by letter or email) will receive an order confirmation from Han Translations by email. From this moment on, the order has been definitively accepted and execution of the order will start immediately. Cancellations of orders are only valid if they are submitted in writing (by letter or email) to the head office of Han Translations. In the event of cancellation of the order by the client after the order has been placed and confirmed, the client shall pay compensation. This amounts to at least an administrative cost of EUR 125 (excl. VAT) to compensate for the preparation of the project, as well as the costs of the work already carried out. In case of cancellation by the client, the advance payments or amounts already paid are not refundable and will not be refunded to the client. If the client – or partner(s) of the client in the case of interpreting services – prevents the execution of the project, Han Translations can stop the further execution of the project. In that case, costs already incurred or hours worked will be charged.

Intellectual property rights

The delivered translations remain the property of Han Translations until the invoice has been paid in full. Until then, the client is not entitled to use the delivered translations. After payment of the invoice, all copyrights of the texts and translations are fully transferred to the client.

Liability

The client is fully liable for the use and publication of translations delivered by Han Translations. Han Translations is in no way liable for any damage that might arise as a result of or due to an unclearness or error in the translation, nor for any consequential damage or loss of profit that could arise from the use, distribution or publication of the translated texts and also if the translated texts are not delivered on time by Han Translations. The client shall indemnify and hold Han Translations harmless from and against any and all claims from third parties with regard to the use of the delivered translations.

Responsibility

Legalisations or apostilles may be required for official documents, both for the document in the source language and for its certified/sworn translation. It is the client's responsibility to ensure that the document in the source language meets all legal requirements before the sworn translation is made. In case of changes to the document in the source language (such as adding an apostille), a new sworn translation is required, for which additional costs will be charged.

Han Translations provides sworn translations that include the legal statements and the official stamp. Additional legalisations or apostilles can also be provided on request. It is the responsibility of the client to inquire with the receiving agency whether such additional legalisations or apostilles are required. The client must explicitly mention this to Han Translations when requesting the price quotation.

Delivery and delivery term

Delivery of the translations takes place at the time of shipment by postal service or email. Shipments are always at the risk of the client. To ensure a smooth delivery, the client shall provide Han Translations with the necessary and correct delivery information at the start of the project. Sworn translations and legalisations are sent by regular or registered mail, always at the risk of the client.

Han Translations cannot be held responsible in any way and will decline any claim for:

• Ÿthe loss of translated documents by third parties or damage during shipment;

• Ÿincorrect deliveries due to errors in the delivery address;

• delayed deliveries by third parties.

After Han Translations has been informed by the client about incorrect and/or damaged shipments, Han Translations will do everything possible to reprocess the translated documents as soon as possible and send it to the client. The costs for the additional service and shipping are at the expense of the client.

Han Translations is not obliged to keep or archive the translated files.

Han Translations is not liable for a delayed delivery date in case of force majeure, in the event of delayed or incorrectly addressed delivery by third parties or due to delays in the execution of legalization of the documents by government institutions. If the client would like to have the translated documents resent, a fixed price (the minimum rate) will be charged.

Confidentiality

Han Translations respects the confidential nature of the documents provided by the client. Han Translations will ensure that any translator to whom the translation of the client’s documents is assigned, also respects this confidential nature. Han Translations, however, declines any responsibility if one of its translators violates this obligation if Han Translations has taken all reasonably foreseeable measures to prevent such violation. At the client’s request, the confidentiality guarantee can be formalized in a confidentiality agreement between Han Translations and the client at the start of the translation or interpreting project.

Invoicing

The invoice follows either when the final translation or revision is sent to the client, or upon performance of the interpreting services. If the request for adjustments takes more than 8 days, the invoice will be sent before the adjustments have been made. In the case of offering a service to private individuals and in some other situations, full advance payment applies.

Payment is only possible by bank transfer or PayPal, bank cheques are not accepted. The client is fully responsible for any costs of international transfers when paying by bank transfer or PayPal. The payment term is 30 days, unless stated otherwise on the invoice. Partial or full non-payment of the invoice gives rise to a fixed compensation of 9% of the total invoice amount charged without prior notice. In addition, late payment interests of 1% per month starting from the due date of the original invoice will be charged.

If a discount is stated on the invoice, it will expire after the payment deadline. The amount stated on the payment reminder will then count as the new invoice.

Complaints

Complaints about the services are only valid if they are formulated in writing, within 8 days after the invoice date. After this period, the provided services are considered as definitively accepted. If the delivered text or translation has already been edited, the complaint is no longer valid.

Evidence

The client and the language service provider both accept electronic communication – such as email – as a valid method of evidence.

Jurisdiction

These Terms of Service are governed by Belgian law. Any disagreement regarding the interpretation and/or execution of the Terms of Service shall be subject to the exclusive jurisdiction of the courts of Belgium in the Dutch language, when procedural rules so permit.