Terms & Conditions


 
 

Article 1
Subject of the contract

The translation service consists simply in the faithful transposition of a text into another language, retaining the quality and characteristics of the original.
Corrections to the text and interpretations of its meaning, which are not necessary and essential to a good translation, are regarded as creative interventions, and are therefore additional to the translation service.

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Article 2
Customer’s obligations

The Customer undertakes to provide the Supplier with all information pertinent to the services requested, with special reference to: intended use of the translation, delivery deadlines, delivery procedure, technical terminology to be used, reference material useful for making the translation.

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Article 3
Performance of the service

The period within which the service is to be performed runs from the date on which the order to carry out the assignment is received, together with the material for translation.
The present service does not include any agreement to do further or additional work.
The assignment must be performed to the highest professional standard, by persons with adequate linguistic training and solid professional experience.

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Article 4
Word count

For billing purposes, our reference parameter is the standard page made-up as follows:

250 words / 25 lines / 55 characters per line  (including spaces)

Word counts will be performed on completion of the assignment on the translated document in the target language.

If the target language is one of the following, the word count will be performed on the source language text:

  • German
  • Turkish
  • Slavic languages
  • Scandinavian languages
  • Asiatic languages

ATTENTION: Word count is performed electronically, using MS Word counting tool.
In case of chemical documents, counting will be performed using a word-counting software “Freebudget”, or counting characters (including spaces) with MS Word counting tool.

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Article 5
Minimum charge

The minimum charge for billing purposes is equivalent to:

a) Translation
– 250 words
– 500 words (for Asian languages)

b) Proofreading
– 1 hour

c) DTP
– 1 hour

d) Document conversion
– 1 hour

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Article 6
Estimates charges

For complex estimates taking several hours to prepare that are subsequently not approved by the customer, the time spent to produce the estimate will be invoiced at a standard hourly rate (see price list).
If the estimate is approved, this cost will not be taken into account.

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Article 7
Urgent orders

Orders that are requested less than 24 hours (business hours from 9 AM to 5 PM) in advance of the delivery time and/or having more than 7 pages a day (page 250 words, total 1,750 words) will be considered urgent.
In this case a surcharge equal to 30% of the basic rate will be applied.
If the amount of pages and/or the delivery time require work done at night-time (from 5 PM to 9 AM) or over the weekend, a surcharge of 50% up to 100% will be applied.

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Article 8
Document processing

• Structured documents

In the event of structured documents (source code: C, C++, HTML, Java, JavaScript, PHP, VBscript, XML, etc.), a surcharge of 15% will be applied to the total number of words translated for each language concerned.

• Any format requiring conversion to Word

In the event of documents transmitted in a non-Word format (PDF, electronic pagination programmes: FrameMaker, InDesign, PageMaker, Xpress or other format) which have to be returned in Word, an hourly rate of € 50.00 will be applied for exporting and converting the text to Word format.

• Documents with text in columns

For documents with text set out in columns (Excel, Access, Text Only and database formats), a surcharge of 30% will be applied to the total number of words translated for each language concerned.

• Paper documents

In the event of paper documents, a surcharge of 15% will be applied to the total number of words translated for each language concerned.

• Documents with electronic pagination

If documents are paginated using electronic pagination programmes and must be returned in the same format, the hourly rate for electronic pagination services (see price list) will be applied.

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Article 9
Test translations

Any test translations will be invoiced at list price unless they are followed by an order from the customer, in which case there will be no charge.

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Article 10
Contract managers

The parties shall each appoint a person authorized to receive all communications pertaining to the contract, as direct point of reference for the other party. If one of the persons appointed for this task is replaced for any reason, the other party must be informed immediately.

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Article 11
Consideration and terms of payment

In consideration for translation services rendered, the Customer shall pay the Supplier the agreed amount, whether for a particular assignment or a given period time.
For total amounts of less than € 500.00 payment shall be made by bank transfer on receipt of invoice. For amounts exceeding the said amount, payment shall be made by bank transfer 30 days from date of invoice.

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Article 12
Late payment

In accordance with DL 231/2002, interest will be charged on arrears, calculated by taking the European Central Bank standard rate and adding 7 percentage points.

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Article 13
Right of withdrawal

In the event of the Customer withdrawing unilaterally from this contract, after work has started, the Customer shall be required to pay the stipulated fee in respect of the work already done, expenses incurred and loss of earnings (equivalent to 30% of the total amount), as provided for in Art. 2227 of the Italian Civil Code.

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Article 14
Intellectual property

All rights relating to the Supplier’s content and services are reserved.
Any glossaries and/or translation memories generated by the Supplier in performing the services requested by the Customer shall remain the exclusive property of the supplier and are subject to and governed by the copyright and intellectual property regulations.
The Customer undertakes not to create derivative works, or distribute, display or in any way exploit the materials produced and/or used by the Supplier.

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Article 15
Discrepancies and defects in the service provided

When thirty (30) days have passed from delivery of the work to the Customer, the Supplier is exonerated from any liability for defects which are recognized or recognizable using due diligence.

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Article 16
Limited liability

In no circumstances shall Mercury Translations or its suppliers be liable for damages (including, without limitation, damages in respect of total or partial loss of earnings, interruption of business, loss of information or other financial losses) arising from use of the product/service provided.
In any case, the liability of Mercury Translations shall be limited to the amount effectively paid for the product/service net of VAT.

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Article 17
Confidentiality

The Supplier is required to treat with maximum confidentiality facts, information, knowledge and documents known to him or brought to his attention by the Customer by virtue of this contract.
Similarly, the Customer is required to treat with maximum confidentiality facts, information, knowledge and documents known to him or brought to his attention by the Supplier by virtue of this contract.
Unless otherwise stated by the Customer, the documentation he provides to the Supplier shall be retained solely for archiving purposes once the assignment is completed.

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Article 18
Limits of effectiveness of this contract

The parties shall be bound exclusively to what is established by the award of this particular assignment and by approval of these general terms and conditions. Requests by the Customer for changes in the assignment concerned subsequent to the conclusion of the contract must be expressly approved by the Supplier and may result in changes to the terms agreed for performance of the service and to the stipulated fee/consideration.

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Article 19
Data security

The Supplier must take all necessary measures, as set out in Art. 15 of Italian Law no. 675 of 1996 and D.P.R. no. 318 of 1999, to protect its data and/or software from possible contamination by viruses circulating on the Internet.
The Supplier may not be held liable in the event of contamination of the computer generated materials sent to the Customer as a result of the spread of viruses or other similar infections.

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Article 20
Reference legislation

The execution of this contract is governed by the Italian Civil Code and other legal provisions (including EU legislation) in force when the contract was concluded, inasmuch as it is not expressly regulated by the provisions set out above.

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Article 21
Disputes

Any aspect of this agreement not expressly regulated herein shall be governed by the legislation in force in Italy. In the event of any dispute, the Court of Brescia shall exercise jurisdiction, right of recourse to all other courts provided for in law being waived.

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