1 SCOPE OF SERVICES
The scope of services regulated by these Terms and Conditions includes the translation, revision and proofreading, layout and
formatting of translated texts, certification of translated documents by court interpreters, and other related services provided by VERBA CENTAR d.o.o. (hereinafter: VERBA)
By accepting a quotation in any form (by signing a copy of a quotation or by sending a notice of acceptance or a purchase order via e-mail or fax and by submitting the text for translation or other processing within the scope of services), the Client shall be considered to have placed an irrevocable order for the provision of services specified in the quotation. The Client shall make available their personal data and/or the data of the company they represent in order to ensure that the translations are duly invoiced, paid and entered into the Record of Translations and Certifications as provided by the Ordinance on Court Interpreters.
3 CONFIDENTIALITY AND DATA PROTECTION
All personal data, texts, written and oral agreements and all other materials made available to VERBA for the purpose of providing agreed services shall be kept confidential and shall not be forwarded to third parties. All employees of VERBA are obliged to keep confidential all of the Client’s data and information. All materials in the Client’s possession shall be returned to them upon request and all translated texts shall be permanently destroyed at the Client’s special request, provided that they have been duly paid for by the Client. At the special request of the Client, VERBA shall issue a Confidentiality Statement individually signed by translators to which the project is assigned. VERBA shall not be liable for the disclosure or use of iinformation which has already been made available or which shall be made available to a third party or the public in the future, or which is legally required to be disclosed pursuant to an order by a competent legal authority. In any case, the Client shall designate the document as confidential prior to or during the issuance of a work order. It is therefore recommended that strictly confidential documents be delivered directly to our office, since in spite of all our efforts we cannot guarantee that the information sent via e-mail or generally via the Internet will be 100% safe from unauthorized access.
In case the Client wishes that specific terminology be used in the translation, this is to be specified to the Service Provider (VERBA)
when submitting documents for translation. In case the Client fails to provide a list of technical terms in target and source languages, special dictionaries and materials for the purpose of ensuring terminological consistency, technical terms shall be translated to the best of our knowledge by using all dictionaries, glossaries and materials available to the public as well as our own internal dictionaries, glossaries and materials.
5 TERMS OF DELIVERY
Terms of delivery are agreed upon prior to or during the issuance of a work order/order form and are specified in the quotation. Should the delivery deadline not be specified, services shall be delivered according to the availability of resources and internal priorities and after all additional quality checks have been performed. In case of force majeure, a delay in service delivery shall be justified proportionally to the duration of circumstances brought about by force majeure. In case of force majeure, a later delivery deadline shall be arranged. Force majeure shall include, without limitation: acts of God, adverse weather conditions preventing employees from attending work, war and military actions, strikes, protests, fires, floods, power outages and network failures, epidemics, etc.
6 PRICE CALCULATION
Price calculation shall be made based on the translated text or the source text, if the price is to be set in advance. The minimum unit used to calculate the price shall be 1 (one) standard page containing 1450 characters (including spaces), unless agreed otherwise with the Client. Price calculation for orders which include working with a CAT tool may be made based on the number of words contained in the source text. Calculation shall be made using a specialized software for counting and calculating characters. Should a calculation using software not be possible, the amount of text shall be defined based on the translator’s discretionary estimate. Applicable prices are defined by the current price list or by a special price list made according to the terms agreed with a particular Client. Services which extend beyond basic text processing shall be arranged and charged separately. If an official quotation was issued, services shall be charged according to such quotation regardless of possible deviations which may be identified after the work is completed. An official quotation may be made only after the Client delivers all the documents which are to be translated, along with a precise description of all additional services. VERBA reserves the right of charging the full price of translation for the revision, editing and/or proofreading of translations made by translators other than those employed by VERBA in case such third-party translations are of low quality and the provision of such service requires the same amount of time and effort as it would have had we translated the text ourselves.
All services shall be paid upon their delivery or according to payment due dates specified on the invoice and/or the business agreement, if such an agreement was concluded. If the services are delivered via the Internet, the Client shall deliver to VERBA a bank receipt prior to the expiry of the deadline for service delivery. In case VERBA fails to receive a bank receipt, the delivery of service shall be suspended until the payment is effected. In case of delayed payment, VERBA shall add legal default interest and any other charges it is entitled to by law to the due amount.
Complaints shall be taken into consideration only if the Client settled all their financial obligations to VERBA. In case the Client considers that the performed service contains certain faults in terms of translation quality or the quality of medium on which the translation was delivered, they are entitled to submit a written complaint within 8 days from the delivery of translation and state their grounds for complaint in detail.
A complaint shall be considered justified in the following cases:
a) if the translation contains less or more information than the source text;
b) if the translation contains incorrect information compared to the source text;
c) if the meaning of the translated sentence does not correspond to the meaning of the source sentence;
d) if the translation is grammatically incorrect.
A complaint shall be not be considered justified in the following cases:
a) if the proposed correction is a synonym;
b) if the translated term is listed in a publicly available dictionary with the same meaning;
c) if the complaint is filed on the basis of an individual typing error (typographical error) and if the error in question does not modify
the meaning of the entire sentence;
d) if the error was caused by grammatical errors in the source text, source text illegibility, or the fact that the source text contained technical or internal terms or abbreviations for which the Client failed to provide explanations, or terms in a language which was not specified as a source language in the quotation.
Should a complaint be recognized as justified, the Client shall determine a deadline for translation correction. VERBA shall perform any corrections resulting from negligence at their own expense within the shortest time possible. All payments made for the service delivered are non-refundable, except in case VERBA declares that it is unable to make corrections based on the justified complaint.
Corrections based on stylistic preference and corrections of specific technical terms or abbreviations (particularly of technical terms
pertaining to a specific profession or the internal regulations of the Client’s company) shall not be considered translation flaws. In case such corrections were not included in the scope of work specified in the work order or if the Client failed to provide a list of technical and/or internal terms prior to the commencement of work, VERBA reserves the right to charge said corrections separately.
All claims for damages against the Service Provider shall be limited to the amount charged for the provision of services in question. VERBA shall not be liable for lost profit and/or collateral damage.
10 COPYRIGHT AND RIGHTS OF USE
Copyright and rights of use of texts, translations, graphical representations and documents created by VERBA as part of the performance of ordered work shall be retained by VERBA until all financial obligations of the Client have been settled, unless agreed otherwise.
VERBA reserves the right to publish the company logo of the Client on this website and on other promotional materials as reference. VERBA shall waive such right if the Client delivers their objection thereto in writing. The Client may at any time demand in writing that their company logo and their business cooperation with VERBA be held in strict confidentiality.
12 SEVERABILITY CLAUSE
Should any of the provisions herein be or become ineffective or invalid, this shall not affect the effectiveness or validity of the remaining provisions. In such case, the ineffective or invalid provision shall be replaced by a provision which best corresponds to the purpose of the ineffective or invalid provision.
13 COURT JURISDICTION
Any disputes arising herefrom shall be resolved by the court having subject matter jurisdiction in Zagreb, Republic of Croatia.