FOREWORD – DEFINITIONS
ARTICLE 1 – JOB ASSIGNMENT. REVOCATION AND PENALTY.
ARTICLE 2 – INSTRUCTIONS AND DOCUMENTATION TO BE PROVIDED BY THE CLIENT FOR TASK EXECUTION.
ARTICLE 3 – DECLARATIONS BY THE CLIENT REGARDING THEIR RIGHTS TO THE MATERIALS SUPPLIED. REQUEST FOR CONFIDENTIALITY. RELEASE FROM LIABILITY AND INDEMNITY.
ARTICLE 4 – TIMEFRAME FOR ASSIGNMENT EXECUTION. ARCHIVING.
ARTICLE 5 – CHANGES TO ASSIGNMENTS ALREADY CONFERRED. RIGHT OF WITHDRAWAL.
ARTICLE 6 – VERIFICATION AND ACCEPTANCE OF THE WORK. CORRECTIONS. COMPLAINTS.
ARTICLE 7 – INVOICING AND TERMS OF PAYMENT.
ARTICLE 8 – DISPUTES: JURISDICTION – APPLICABLE LAW.
FOREWORD – DEFINITIONS
For the purposes of this assignment and these General Terms and Conditions,
Clever Translations di Ileana Binetti P.Iva 08801410724, with registered office in via SS 16 C.DA MACCHIE 788/200 SNC CAP 70054 FRAZIONE: GIOVINAZZO is the service provider;
“client” is the purchaser of the service;
“delivery” or “service” is the achievement or fulfilment of one or more technical-linguistic tasks and/or services.
ARTICLE 1 – JOB ASSIGNMENT. REVOCATION AND PENALTY.
- Upon your signature and return of the quote as indicated above, the contract shall be deemed concluded and the assignment conferred under the specific conditions you accepted, with all legal consequences.
- We reserve the right to provide the requested service with the support of third parties.
Accordingly, by confirming the quote, you expressly authorise us to avail of external collaborators and/or third-party suppliers on the basis of our exclusive and unquestionable business needs. - Without prejudice to the right of withdrawal in the cases and under the conditions set forth in Section 5 below, your revocation of the assignment one day after the assignment has been made, without a justified reason, shall entail a penalty equal to the amount of the contractually agreed payment.
ARTICLE 2 – INSTRUCTIONS AND DOCUMENTATION TO BE PROVIDED BY THE CLIENT FOR TASK EXECUTION.
- In order for us to carry out the commissioned activities, your cooperation and compliance with all deadlines is required, and we shall not be considered responsible for any delays in this respect.
- You therefore undertake to provide us with clear, unambiguous, and detailed information and specifications on the services and performances requested, with regard to delivery, terminology, intended use, any technical facilities required for the performance of the services, etc., and to provide us with all source material in the agreed formats and times.
ARTICLE 3. – DECLARATIONS BY THE CLIENT REGARDING THEIR RIGHTS TO THE MATERIALS SUPPLIED. REQUEST FOR CONFIDENTIALITY. RELEASE FROM LIABILITY AND INDEMNITY.
- By conferring the assignment you assure us that you own all the materials supplied (texts, trademarks, etc.) and/or that you own and/or legitimately possess all the rights necessary for the use of such contents and materials and anything related to them and/or that you have previously acquired the consent of any holders of the relevant rights to allow us their legitimate use for the purposes of the execution of the assignment, or that you have been authorised to do so by any holders and have established any relevant relations with them. You also confirm the veracity and authenticity of the materials provided to us.
- In this regard you shall inform us in writing whether any part of the material or information you provide us, or any part of the service you have commissioned us to provide, is confidential. In that case, and upon your request, we shall convey our commitment to maintaining the confidentiality of whatever you have indicated to us.
In any case – in compliance with our company policy and within the limits of what current legislation requires of us – we undertake to keep the contents of all materials and information shared with us during the execution of the assignment strictly confidential, and to the extent necessary. - Accordingly, you agree that you shall be solely responsible to third parties for the use and exploitation of any material provided to us and for the provision of the service, and you hereby release and discharge us from any and all liability in this respect for any claims, suits, damages, or expenses, including legal fees, arising from or in connection with any claim by a third party for any past or present infringement or violation of the rights of such third party, waiving as of now any action of recourse against us, relieving and indemnifying us from any prejudicial consequences, and – upon our request – taking full and exclusive responsibility at your own expense for any claim and/or financial request made to us by third parties in connection with the above.
- Additionally, you exonerate us as of now from any liability in any way attributable to the performance of the assignment, making yourself exclusively responsible for any damage or expense that we may be called upon to pay as a result of requests made by a third party directly against us for the above reasons, and to reimburse us directly at our request for all costs and expenses that we may be forced to incur as a result of a third party’s requests.
ARTICLE 4. – TIMEFRAME FOR ASSIGNMENT EXECUTION. ARCHIVING
- We reserve the right to complete the assignment within the estimated deadline communicated to you.
- Any special deadlines shall be specified by you at the time of the quote request and expressly accepted by us.
- In the case of translation services, we always reserve the right to make staggered deliveries, with each individual delivery being deemed completed and payable.
- You hereby authorise us, in your best interest, to store the data processed for translation services for a period of one year from the date of delivery.
You may access this data upon written request by e-mail to sales@clevertranslations.net, specifying the quote no. and the name of the project.
ARTICLE 5. – CHANGES TO ASSIGNMENTS ALREADY CONFERRED. RIGHT OF WITHDRAWAL
- Should you require any corrections and/or modifications to be applied to the requested service/product when the work is already in progress, we reserve the right to notify you of any new or different methods, deadlines, and fees, as well as any new or different conditions under which we may continue the assignment.
- If you do not accept the new contractual conditions, you may withdraw from the contract.
- In this case, as well as in any other case of early termination of the assignment due to your own will, you shall nevertheless be obliged to pay us remuneration for the work performed and the expenses incurred up to that time.
ARTICLE 6. – VERIFICATION AND ACCEPTANCE OF THE WORK. CORRECTIONS. COMPLAINTS.
- Upon assignment completion, it is your own responsibility to verify the delivered service/product.
- Any inaccuracies or translation errors must be reported in writing within 20 (twenty) days of delivery of the translated text, under penalty of forfeiture.
- We will not accept any complaints regarding stylistic preferences in the text or translation, or regarding specific terminology, unless you have provided us with adequate reference material (e.g., glossaries) and we have expressly accepted this reference material. In order to be acceptable, all the complaints must be proven by examples and linguistic references, and any errors must be demonstrated by objective data.
- Should you fail to notify us, or should you notify us after the aforementioned deadline, the service shall be deemed accepted without reservation for all legal purposes.
- If we deem your observations to be well-founded, we shall make the necessary corrections at our own expense, and shall also send back the corrected work at our expense.
- We shall not grant any discounts and/or rebates on the agreed remuneration if you make your own corrections, changes, or re-translations of the delivered texts.
- Any complaints concerning the quality of the professional services/performance must be submitted in writing by e-mail to sales@clevertranslations.net within 20 (twenty) days of the date of delivery of the completed work, indicating the reference number assigned by us and communicated to you at the time of sending our quote.
After this deadline, the service shall be deemed definitively and unconditionally accepted. - Any complaints and disputes shall not release the client from their obligation to pay the remuneration requested for the work done, nor shall they give the client the right to suspend payment in whole or in part.
ARTICLE 7. – INVOICING AND TERMS OF PAYMENT.
- We shall issue an invoice to the client who has signed the offer or requested the service.
Any requests for a different invoice header shall only be accepted by us upon the third party’s acceptance of our offer and upon your timely indication of the invoice header information. - Any invoicing errors must be reported to invoicing@clevertranslations.net within 5 days of receipt of the invoice.
- You undertake to make payment within the due dates indicated using the following methods:
- Wire transfer
- Ri.Ba. (cash order)
- PayPal
- Skrill
- Wise
- Failure to pay in accordance with the agreed-upon methods and/or due dates shall entitle us to suspend the service and will result in the forfeiture against you of any terms and/or deferments.
- In this case, we also reserve the right to terminate the agreement for breach of contract, reserving the right to compensation for damages.
- In the event of late payment, you shall also be liable to pay default interest and compensation for recovery costs, pursuant to Legislative Decree No. 231 of 9 October 2002.
- Incomplete delivery shall under no circumstances result in non-payment of the amount delivered and invoiced, nor shall it give rise to any liability on the part of the service provider.
ARTICLE 8 – DISPUTES: JURISDICTION – APPLICABLE LAW.
- All disputes arising from the execution and/or interpretation of this contract shall be exclusively referred to the Italian jurisdiction.
The place of jurisdiction shall be Bari. - This contract shall be governed by Italian law.
Consequently, for all matters not expressly provided for in this contract, the parties expressly refer to the provisions of the Italian Civil Code.