General Terms and Conditions
General
Any order placed with Idiomar implies the client’s unconditional and irrevocable agreement to these terms and conditions. The client acknowledges having read and accepted these general terms and conditions. These general terms and conditions always take precedence over any terms and conditions of the client. Different terms and conditions, such as those relating to price, delivery or payment terms, may be granted following mutual consultation. However, such different terms and conditions are only valid if confirmed in writing by Idiomar.
Order
Orders must be placed in writing by email or by mail. By placing an order, the client accepts Idiomar’s prices and general terms and conditions.
Translation
When translating, words and spelling used in recognized dictionaries are considered correct. The client is asked to indicate spelling preferences or word choice and to provide an explanation of their own abbreviations and terminology.
Professional secrecy
Idiomar respects the client’s professional secrecy. This includes all correspondence between the client and Idiomar, including all communication by email and mail, the content of the text and the price quoted for an order.
Delivery time
Unless expressly agreed otherwise in advance and in writing, Idiomar is not bound by the delivery period specified by the client. Moreover, the delivery time as indicated by Idiomar is also indicative and not binding. Delivery outside the indicative period shall not constitute grounds for terminating the contract, nor shall it constitute grounds for price reductions or compensation.
Liability
Idiomar cannot be held liable if the work is delayed due to illness, accident, temporary incapacity for work or general cases of force majeure (power cuts, no internet access).
Idiomar shall, however, be obliged to inform the client thereof within a reasonable period of time.
Idiomar can only be held liable in the event of intentional action. In addition, any liability shall in all circumstances be limited in scope to the invoiced amounts with respect to the translation assignment in question.
Idiomar shall under no circumstances be liable to the client or to any third party for any damage not directly attributable to a shortcoming on the part of Idiomar. This includes economic losses, loss of profits, loss of savings, loss of clientele, loss of contracts, loss of revenue, loss of time, loss of goodwill, loss of reputation, loss or corruption of data, whether contractual, extra-contractual or otherwise. This list is not exhaustive.
Idiomar disclaims any responsibility for defects and the content of the original text sent by the client.
Cancellation
If the client cancels a confirmed translation, revision/proofreading or transcreation request while Idiomar is already working on it, Idiomar will charge 50 percent of the agreed fee to the client.
Payment
Unless otherwise expressly agreed in advance and in writing, Idiomar invoices are payable in euros within 15 days of the invoice date, via PayPal or bank transfer. Should the client wish to pay via PayPal, Idiomar has the right to ask a surcharge of 10 percent to cover all costs.
Disputes
Complaints about translations or invoices should be made within 8 working days following the invoice date by (registered) letter or email. After this period, the invoice and translation are irrevocably considered to have been accepted.
Idiomar reserves the right to claim a fixed indemnity of 500 euros from a client who uses a translation before paying the invoice for it. In addition, Idiomar reserves the right to make a claim for copyright infringement in situations such as those described in this paragraph, if necessary.
If the invoice date is exceeded by more than two weeks, Idiomar will send a first reminder. If no action is taken, the client will receive a second reminder after another week, this time by registered mail, followed, if necessary, a week later by a third and final reminder constituting formal notice to pay.
Notwithstanding the above, as soon as the payment period has been exceeded, late payment interest of 10% of the invoice amount or the outstanding invoice balance may be charged, automatically and without notice of default being required.
In addition, if the payment period is exceeded, the invoice balance may be increased by fixed compensation of 10%, with a minimum of 50 euros, automatically and without notice of default being required.
In the event of non-payment of an invoice, Idiomar reserves the right to require the immediate payment of all other invoices, even if they are not yet due, and to suspend the performance of existing contracts, without giving rise to any indemnity.
Only the courts of Turnhout are competent to hear any disputes. Idiomar services and invoices are governed by Belgian law.
These general terms and conditions were drawn up in Dutch. In the event of disputes arising from different nuances in meaning resulting from translations, the Dutch version shall prevail.