TERMS AND CONDITIONS
General Terms of Service (hereinafter: „General Terms“) apply to all business transactions and relationships between the company SINONIM d.o.o., headquartered in Osijek, Princa Eugena Savojskog 51, ID No: 60695956664, or its registered affiliates (hereinafter “Service Provider”) and a customer of the service (hereinafter “Customer”).
Services provided by Sinonim d.o.o. include translation, proofreading, editing, subtitling and/or other services from the field of the activities which the translation agency Sinonim d.o.o. is registered for at the Commercial Court in Osijek (hereinafter "Service" or "Project").
The Customer is any legal or natural person who orders a service from the Service Provider. By ordering a service from the Service Provider, the Customer accepts the General Terms, and in the case of a subsequently signed contract between the Customer and the Service Provider, the provisions of that contract will take precedence over these General Terms. The Service Provider shall provide the services in accordance with the general terms and conditions. With their order, the Customer accepts all the provisions of the General Terms. The Service Provider reserves the right to change the General Terms at any time, and will, if a change occurs during a project, inform the Customer in writing about it.
PRICES AND PAYMENT
The Service Provider confirms the price which the Customer pays for the service with a pro-forma invoice or quote for the translation, editing, proofreading, copywriting, subtitling or any other registered service, which shall be delivered to the Customer by e-mail, fax or other forms of written communication. The smallest chargeable unit for a written translation, editing and/or proofreading is one standard translation page which consists of 1,500 characters including spaces. Every started standard page of translation, editing and/or proofreading shall be charged as a full standard translation page. If specifically agreed between the Customer and the Service Provider, the smallest chargeable unit for the aforementioned services may be one word.
Payment by the Customer shall be made in advance, upon receipt of the quote or pro-forma invoice, if not otherwise agreed between the Customer and the Service Provider. In case of a defaulted payment, the Service Provider may charge the statutory default interest on the amount of the debt and is entitled to undertake all legal measures for the recovery of its claim. All translations, materials and documentation which the Service Provider has produced for the purpose of performing the agreed work will remain property of the Service Provider until the Customer settles all outstanding debts. The Service Provider has the right to charge the Customer all costs incurred connected to the completion of the project such as bank charges, postal expenses, courier service fees, travel expenses, transport expenses etc. The Service Provider provides written quotes based on the files/documents provided by the Customer.
TRANSLATION DEADLINES AND DELIVERY
The translated texts or other completed project files can be collected from the Service Provider’s premises, or delivered by fax or e-mail to the Customer’s address. If the Customer requires delivery by post, a registered consignment, a courier service or personal delivery to the Customer’s office, the Customer shall bear the costs of such deliveries. The Service Provider negotiates project delivery deadlines with the Customer and specifies them in the quote or pro-forma invoice. The deadlines for project completion begin from the day of the acceptance of the quote, unless agreed otherwise between the Customer and the Service Provider.
RIGHTS AND OBLIGATIONS
Upon the request of the Service Provider, the Customer shall provide all the necessary reference files in the source and/or target languages required to enable and facilitate the completion of projects which contain specific field/industry terminology, as well as other valuable materials the Service Provider may consider necessary for effective provision of services. The Customer shall also appoint a contact person whom the Service Provider can contact if there are any doubts regarding the project terminology, source text interpretation and/or any additional project-related information that the Service Provider may require.
The Service Provider may refuse issuing a quote or pro-forma invoice if the Service Provider has not been delivered the files that need to be translated, edited, revised or proofread. The Customer has the right to lodge a written complaint concerning any alleged defects to project deliverables within seven days of their delivery at the latest and only if they have settled all their obligations towards the Service Provider. The Service Provider will, within an additional reasonable deadline, remedy any defects to the projects deliverables concerning which the Customer has lodged a complaint if the Service Provider deems it reasonable and necessary.
The Customer is not entitled to request a refund for a service provided by the Service Provider concerning which they have lodged a complaint.
The Service Provider shall adhere to the translation deadlines and carry out the project to the best of the Service Provider’s knowledge and abilities. In case of a delay, the Service Provider shall inform the Customer as soon as possible and offer the Customer a new delivery date. In case of an order cancellation, the Customer shall pay the full amount to the Service Provider for the whole project or, by exception, upon the special written approval of the Service Provider, for that part of the work which the Service Provider has carried out until the moment of cancellation, and by an invoice which the Service Provider will issue.
The Service Provider has the right to cancel any agreement entered into between the Customer and the Service Provider as well as a Customer’s order without stating a reason, by sending a written notice to the Customer. The Service Provider is authorized to transfer its rights and obligations from these General Terms fully or partially to a third party. The Customer is not entitled, except with the special written consent of the Service Provider, to transfer their rights and obligations to a third party.
GUARANTEES AND DUTIES
The Service Provider warrants to the Customer that projects will be carried out conscientiously, professionally and within the agreed deadline.
The Service Provider guarantees the confidentiality of information and agrees to keep the Customer’s business secrets, as well as any data of intellectual and industrial ownership, patents, regardless of whether they are registered or not. The Service Provider may disclose information and materials provided by the Customer to a third party such as employees, external associates and online translation platforms solely for the purpose of providing a service ordered by the Customer. If the Customer provides confidential information which in no case is to be made available to a third party, the Customer shall notify the Service Provider in order to reach an agreement or sign a separate Non-Disclosure Agreement. Otherwise, the Service Provider shall apply its standard work and information confidentiality procedures and shall not be held responsible for disclosing confidential information to third parties for the purpose stated. Since no transfer of data over the internet can be completely secure, the Service Provider cannot guarantee the absolute security of information.
The Customer will compensate the Service Provider for any and all damage incurred due to claims, losses or costs arisen as a consequence of any kind of requests directed to the Service Provider, and/or due to the contents of any document translated or another type of project assigned to the Service Provider for the Customer. Any justified and reasonable compensation claims against Sinonim d.o.o., that is, the Service Provider, shall be limited solely to the amount invoiced for the completed service, unless otherwise agreed.
Sinonim d.o.o. may be held liable only for provable intentionally caused damage or damage caused by extreme negligence. Liability in the case of force majeure, of consequential damages and the loss of profits is excluded. The Service Provider is not liable for the contents of documents which the Customer has submitted, nor is the Service Provider liable for the consequences of the translated contents. In particular, the Service Provider shall not be held liable for any consequences of translation of a content submitted by the Customer which is incomplete, grammatically and orthographically incorrect, unclear, and which does not use the terminology common to the subject, field or industry concerned and for which the Client has not provided unambiguous clarifications in the form of comments, annotations, terminological bases, glossaries, translation memories and/or other written materials.
Neither the Service Provider nor the Customer shall be held liable for any delay in the fulfilment of their obligations due to events or circumstances outside of their control, in other words, due to force majeure or technical difficulties. All information or any other kind of correspondence after the ordered work shall be composed in written form and delivered by post, fax or e-mail.
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