The following Terms and Conditions (hereinafter referred to as the “Agreement”) constitute a legally binding agreement between Click4Translations, S.L., a global communications and translation agency organised under the laws and jurisdiction of the City of Madrid (hereinafter referred to as the “Company”), and you (hereinafter referred to as the “Client”).
By using our website, you agree to be bound by the provisions contained in these Terms of Conditions. If you do not wish to be bound by these Terms and Conditions, you should discontinue use of the Website immediately. Please review these Terms and Conditions each time you choose to use our site, as the Agreement is subject to change without prior written notice.
1. Interpretation
1.1. These Terms and Conditions apply to all Services provided by the Company, unless otherwise stipulated in writing and agreed upon by all parties involved. Any references to our “Website” include all content and services provided on the website.
1.2. For the purposes of this Agreement, “Services” can be defined as: 1) any translation, revision, and style correction; 2) localisation services; 3) global communications consulting; 4) interpretation services; and/or other general linguistic services performed by the Company for the Client.
1.3. “Original Material” shall be understood to mean any files, documents, records, books, data, materials, electronic or otherwise, provided by the Client intended to be the subject of services hereunder.
1.4. “Deliverables” shall be understood as the final translated version of the “Original Material”.
1.5. The formal request for global communication or translation services shall be referred to as an “Order”.
1.6. “Turnaround” times shall refer to the amount of time required to carry out the “Services” contracted and submit the “Deliverables” to the “Client”.
1.7. “Confidential Information” shall be considered any information that is of a confidential nature to either the Company or the Client, including, but not limited to information regarding the Company itself, its employees, professional alliances, business activity, personal and professional contacts, strategic forecasts, business development, or in general, any information obtained as a result of services provided and deemed pertinent to the development or growth of the Company or the Client.
1.8. The “Company” or “Click4Translations” means Click4Translations, S.L. (Registro Mercantil de Madrid, Tomo: 25.630, Libro: 0 Folio: 1, Sección: 8, Hoja: M-461852, Inscripción 1) with a place of business at Calle Comunidad de Madrid 45 1ºE, Las Rozas Madrid, 28231, and CIF B-85429256.
2. General
2.1. The clause headings used in this document are for reference only and shall not affect the interpretation or execution of these Terms and Conditions.
3. Our Services
3.1. Services shall be provided in accordance with internationally recognised standards of quality.
3.2. All translators, proofreaders, interpreters, and other personnel used to provide Services will be carefully selected, and in accordance with Click4Translations’s rigorous selection process.
3.3. The Original Material is translated as accurately and literally possible. Slight modifications may be necessary in order to localise the content or improve the general interpretation of the text.
3.4. Click4Translations reserves the right to refuse an Order at any given moment. In the event that an Order is refused, the Client will be informed at the earliest convenience.
4. Price and Payment
4.1. Click4Translations will make every effort to update the prices reflected on the Website’s Online Calculator, but reserves the right to amend rates without prior notice.
4.2. Quotations will only come into effect when written confirmation of the Order is issued or the Deliverables have been sent to the Client. They are valid for exactly one calendar month.
4.3. Quotations are given under the assumption that the Order will be placed within 30 days from the date the estimated quotation is issued.
4.4. All pricing is established according to the description of the Original Material provided by the Client and the time frames established for the handover of Deliverables. The quotation may be amended at any time if the Original Material is deemed insufficient, erroneous or of poor quality.
4.5. Discounts are only deemed valid when payments for services contracted are received within 30 days following the receipt of the invoice.
4.6. Payments include any costs incurred for ensuring the correct arrival of Deliverables (via post, certified mail, express delivery, etc).
4.7. By accepting these Terms and Conditions, the Client agrees to abide by the payment conditions established by the Company: payments must be received within 30 from the date of the invoice. Failure to pay an invoice will result in the immediate suspension of any pending or future Services.
4.8. Invoices over 1.000€ will require a payment of 50% in advance. The translation process will be initiated once proof of payment has been received. The remaining amount must be paid within 30 days following the receipt of the invoice, barring exceptional cases previously stipulated in writing.
4.9. Prices, unless otherwise stated in writing, are in Euros and are exclusive of any value added tax and/or other relevant tax or duty. Invoices will be sent for all taxes and payments that the Company is obligated to collect. The Client is liable for any damages incurred due to a delay in the payment of such taxes.
4.10. Quotations requested in currencies other than the Euro will be based on the exchange rate at the time the proposal is sent and may be subject to adjustments according to possible fluctuations.
5. Delivery
5.1. Turnaround times requested by the Client will be taken into consideration, although additional time may be necessary to finalise an Order. Click4Translations will communicate this information at the time the final quote is agreed upon.
5.2. Click4Translations is not liable in the event that a deadline for a particular Order must be extended due to extenuating circumstances, including, but not limited to late delivery or failure on behalf of subcontractors, war, civil unrest, riot, strike, fire, flood, earthquake, exceptional weather conditions, or government order. The Client will be adequately informed of such delays.
5.3. Delivery shall consist of the handover of Deliverables to the Client, including but not limited to by post, facsimile, email or any other electronic means.
6. Responsibility and Liability
6.1. Click4Translations is in no way liable for loss or damages experienced by the Client for errors in the translation or delay in the handover of Deliverables.
6.2. The Company shall incur no liability to the Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of Click4Translations prior to the Agreement and you shall not be entitled to rescind the Agreement on the grounds of any such misrepresentation.
6.3. The Company is not liable for possible damages to any Original Material provided by the Client, or possible damages that may occur in the delivery of the translations or any other Deliverables.
6.4. The liability of Click4Translations does not extend beyond the services contracted and paid by the Client.
6.5. The Company does not guarantee error free work or service. Any inaccuracies must be communicated within 30 days of the receipt of Deliverables. The Company will be responsible for correcting such errors, within reason, but in no way is the Client exempt from making all corresponding payments. In the event that over 95% of the Deliverables are deemed erroneous, a full refund for the Client will be considered.
6.6. Upon submission of the Deliverables, the Client assumes full legal responsibility for his/her actions with such Deliverables.
7. Intellectual Property
7.1. The Client retains the intellectual property rights, copyright or any other property rights of the translated Deliverables, but will extend a license of storage and permission of use to the Company for the purposes of providing Services.
7.2. If the Client fails to pay for Services rendered, the intellectual property rights of the Deliverables will be transferred to the Company.
8. Confidentiality
8.1. Click4Translations will take all measures necessary to ensure that any Confidential Information released to the Company by the Client shall be kept in the strictness of confidence.
8.2. The Client is also responsible for upholding the utmost of confidence with regards to any Confidential Information provided by the Company.
9. Non-Solicitation
9.1. The Client shall not attempt to solicit, employ or establish indirect or direct relations with any of Click4Translations freelance subcontractors for a period of one year.
10. Termination and Dispute Resolution
10.1. In the event that the Client decides to cancel the Agreement, the Client is responsible for payment in full, unless otherwise previously agreed upon in writing.
10.2. Failure to comply with the obligations and conditions stipulated in this Agreement will result in an immediate dissolution of the collaboration between the Company and the Client, and may result in civil or criminal action taken against those in breach of Agreement.
10.3. This Agreement shall be governed by, and construed in accordance with the laws and jurisdiction of the City of Madrid.
10.4. In the event of a conflict between the Client and the Company, both parties must be notified of such a Claim within a reasonable time of handing over the Deliverables.
10.5. If any term or provision stipulated in this Agreement is deemed invalid or unenforceable by a Court of competent jurisdiction, such provision shall be severed, but no other provisions of the Terms and Conditions shall be rendered invalid.
10.6. The Client shall not provide false information, obtain materials fraudulently, or knowingly enter into this Agreement falsely, or an immediate dissolution of the collaboration between the Company and the Client will take effect.
This Agreement shall constitute the entire agreement between the Company and the Client relating to the services, and no representations, promises, understandings, agreements, oral or otherwise, not herein contained shall be of any force or effect, unless previously stated in writing (i.e. a Service Level Agreement). No modifications to this agreement shall be valid unless previously agreed upon in writing and signed by both the Company and the Client.