Terms & Conditions
Table of contents
- 1) Subject of the contract
- 2) Customer’s obligations
- 3) Performance of the service
- 4) Word count
- 5) Minimum charge
- 6) Estimates charges
- 7) Urgent orders
- 8) Document processing
- 9) Test translations
- 10) Contract managers
- 11) Consideration and terms of payment
- 12) Late payment
- 13) Right of withdrawal
- 14) Intellectual property
- 15) Discrepancies and defects in the service provided
- 16) Limited liability
- 17) Confidentiality
- 18) Limits of effectiveness of this contract
- 19) Data security
- 20) Reference legislation
- 21) Disputes
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.
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.
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.
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:
- 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.
The minimum charge for billing purposes is equivalent to:
– 250 words
– 500 words (for Asian languages)
– 1 hour
– 1 hour
d) Document conversion
– 1 hour
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.
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.
• Structured documents
• 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.