MENU

Terms of Service

Terms of Service issued pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (henceforth only the Civil Code)

1.  General Provisions

1.1. These Terms of Service (henceforth only “TOS”) regulate relations between A-tradi Agency, represented by Mgr. Martina Vašková, Mosty 12, Strmilov, 378 53, (henceforth only the ”Contractor”) and physical or legal entities (henceforth only the “Client”) in the field of translations, interpreting, proofreading, or other complementary services. These TOS are published on the website of A-tradi: a-tradi.com/en.

1.2. The subject is the execution of services provided by the Contractor, i.e., translating and interpreting activities or complementary language services (henceforth only “services“).

1.3. The TOS constitute an inseparable part of the contractual relations between the Client and the Contractor and are binding for both contractual parties.

1.4. The contractual bond between the Contractor and the Client comes into effect following the signature of a contract or frame contract, in writing or, usually, in electronic form.

1.5. Contractual relations between the Contractor and the Client may also be initiated without a contract, namely, on the basis of the Client’s written job order and its confirmation by the Contractor. Such job orders are also binding for both contractual parties.

1.6. A written job order is a job order that is delivered to the Contractor and contains the following information:

1.7. The contractual terms of business may only be amended or cancelled in writing by mutual agreement of the contractual parties.

1.8. The Contractor shall consider any and all information and documents provided by the Client confidential, and therefore undertake not to disclose them to unauthorized persons. Authorized persons are the Contractor’s internal employees, translators, interpreters, proofreaders, or external workers collaborating with the Contractor under a Non-disclosure agreement.

1.9. The Contractor shall not be responsible in any way or manner for infringement of copyrights.

 

2.  Translation

2.1. Definition of basic terms

2.2. General Provisions

2.2.1. The Client has the right to preparing bids that are non-binding and free for the Contractor.

2.2.2. The Contractor is obliged to confirm the receipt of every job order immediately upon receipt, at the earliest opportunity during working hours. The working hours for the reception of job orders is Monday to Friday, 9:00 a.m. to 5:00 p.m. of Central European time (UTC + 1 hour).

2.2.3. The Client acknowledges that a translation is in the Contractor’s possession until the fee for its execution has been paid in full.

2.2.4. The Contractor bears no responsibility whatsoever for any consequences arising from infringement of copyrights with respect of the Client’s job order.

2.3. Deadline for Delivery of Job Orders

2.3.1. By signing a job contract / confirming a job order, the Contractor undertakes to execute the agreed-upon job in the extent and in accordance with the conditions agreed-upon in the contract, deliver it to the Client by the scheduled time limit, and for the agreed-upon price.

2.3.2. The Client is obliged to accept the finished job by the scheduled deadline, in the manner specified in the job order or signed contract,
and pay the Contractor the final price, pursuant to Art. 4 of these Business Terms.  

2.3.3. The Client is obliged to confirm the receipt of the finished job to the Contractor, immediately after receiving it. Usually, jobs shall be delivered per electronic mail, or personally, or by a delivery service, if executed in a paper form.

2.3.4. If the Client does not confirm the receipt of a finished job or does not demand its delivery within 24 hours following the expiry of the agreed-on deadline, the Contractor shall assume that the Client has received it in a duly and timely manner.

2.3.5. If the Contractor repeatedly delivers a job to the Client, following the Client’s reminder, and it is subsequently proven that the finished job has already been sent to the Client on schedule, it shall not be considered a case of delayed delivery.

2.3.6. If the Client refuses to accept a finished job without a serious reason, which would be bilaterally recognized, the job shall be considered to have been delivered. In this case, the Client shall be obliged to pay for the job in accordance with the relevant invoice.

2.4. Rights and Obligations

2.4.1. The Client is obliged to inform the Contractor of the purpose of the job order, if such information is important for its execution on the part of the Contractor. This applies, in particular, to documents intended to be published, legal purposes, etc., which require additional proofreading to ascertain absence of any errors. The Client must specify the relevant circumstance expressly in the job order.

2.4.2. Unless the Contractor is specifically informed of such circumstances. it shall be assumed that the translation shall be used for general purposes. Any subsequent claims arising from the intended purposes of the translation shall not be taken into consideration.

2.4.3. If the source text to be translated contains abbreviations, special terminology, specific corporate terminology, etc., the Client is obliged to provide the Contractor with a list of the required terms or a contact to a person whom the Contractor may consult. If neither of these obligations is fulfilled, the Contractor shall use common terminology generally used in a similar type of text. Any claims about special terminology made ex post shall not be considered.

2.4.4. The Client is obliged to immediately inform the Contractor about all circumstances that might affect his ability to pay the contractual fee for a finished and delivered job. The Client is furthermore obliged to inform the Contractor, if his assets have been declared subject to bankruptcy, or if such a possibility may occur.  

2.5. Claims

2.5.1. A translation or proofreading shall be considered defective, if the given job order has not be executed in compliance with the relevant contract or confirmed job order in terms of the scope of the text or adequate quality.

2.5.2. Otherwise, the Contractor shall assume that the job has been executed properly.

2.5.3. The Client is obliged to submit claims for defective jobs with the Contractor immediately after identifying the defects, but no later than 30 calendar days after delivery. After this time limit, no claims shall be accepted.

2.5.4. The Client may submit his claim in the Contractor’s office or per e-mail. Such claims must contain specific reasoning and description of the defects, the extent of their occurrence, and the Client’s suggestion of remedy, as applicable.

2.5.5. If the Contractor admits that the claim is valid, he shall provide correction or proofreading within a time limit negotiated with the Client.

2.5.6. In the event that a dispute arises between the Contractor and the Client concerning the legitimacy of the Client’s claim, both contractual parties undertake to resolve the matter in an amicable, extrajudicial manner, namely, have an expert evaluation prepared by an independent translator mutually appointed by both contractual parties.

2.5.7. Both contractual parties shall be informed of the independent expert’s fee in advance. The Contractor as well as the Client are obliged to pay the independent expert’s fee for the evaluation. The cost of the evaluation shall be divided equally. Final accounting of the costs shall be done according to the results of the independent expert’s evaluation.

2.5.8. The Contractor is responsible for any damage caused by a defective translation / proofreading, up to the total price payable for the job.

2.5.9. If the independent translator (expert) concludes that the claim is not valid, all of the costs of the expert’s evaluation shall be borne by the Client.

2.5.10. If the contractual parties fail to resolve their dispute by agreement, the Client may contact the Czech Trade Inspection (Česká obchodní inspekce) and propose an extrajudicial solution of the dispute.

2.5.11. If the contractual parties fail to solve the dispute extrajudicially with the aid of the Czech Trade Inspection, the dispute shall be resolved with final effect by a Czech court of competence by venue.

 

3.  Interpreting

3.1. General Provisions

3.1.1. The Contractor undertakes to provide interpreting services in accordance with the contract or confirmed job order, to the extent and under the conditions specified therein, and at the scheduled time, location, and in the agreed-upon language.

3.1.2. The Client is obliged to the final price of the interpreting services upon signing the contract or upon the Contractor’s confirmation of the job order.

3.1.3. The Client is obliged, immediately after the job’s realisation, to make a statement on the interpreting, whether it was done in a proper and timely manner. Failure to do so within 24 hours following the rendition of interpreting services, it shall be assumed that the services were provided in accordance with the contract or confirmed job order.

3.1.4. If the Client cancels scheduled interpreting, he shall be obliged to pay a cancellation fee in accordance with Art. 6 of these Terms of Business.

3.2. Rights and Obligations

3.2.1. The Client is obliged to inform the Contractor of the purposes of the interpreting job, if such information is important for the execution of the job by the Contractor.

3.2.2. Unless the purpose has been disclosed to the Contractor, any subsequent claims concerning the purpose of the interpreting job shall not be considered.

3.2.3. The Client is obliged to inform the Contractor, if the interpreting process shall be recorded, including the mode and purpose of the recording.

3.2.4. The Client is not entitled to demanding any other activities (e.g., taking of minutes, guiding services, etc.).

3.2.5. The Client is obliged to provide the Contractor with all the materials, information, and special terminology necessary for the interpreting job, no later than 3 days before the scheduled date for interpreting. Failure to do so renders any ex post claims regarding faulty terminology used by the interpreter null and void.

3.2.6. The Client is obliged to inform the Contractor immediately of all circumstances that might affect his ability to pay the contractual fee for the work delivered. The Client is furthermore obliged to inform the Contractor if his assets are subject to bankruptcy proceedings or if such circumstances may occur.

3.2.7. The Contractor shall bear no responsibility for any consequences arising from infringement of copyright with respect to the job carried out for the Client.

3.2.8. The Contractor shall consider any and all information and documents provided by the Client confidential and therefore undertakes not to disclose the content of negotiations concerning the interpreting job.

3.2.9. Client is obliged to ensure adequate conditions for the type of interpreting required, including technical provisions, unless these arrangements are ordered from the Contractor.

3.2.10. If the Contractor undertakes to supply the technology for interpreting, the Client shall be obliged to ensure access for the Contractor to the premises in advance, where the technology is to be installed.

3.2.11. The interpreter may refuse to execute the interpreting job, of the conditions are unacceptable for him (physical environment, ethical reasons, etc.).

3.3. Transportation, Meals, Accommodation

3.3.1. The Client is obliged to ensure the interpreter’s transport to/from the place of the event to be interpreted, using an adequate means of transport.

3.3.2. If the Client does not make arrangements for the interpreter’s transportation, he is obliged to inform the Contractor accordingly, and thereupon pay the Contractor’s expenses for the interpreter’s transportation, including his travel expenses, in accordance with the relevant legal regulations.

3.3.3. An interpreter’s workday is considered to be 8 hours, including breaks.

3.3.4. The Client is obliged to make arrangements for the interpreter’s breaks for meals and relaxation for at least 30 minutes, after every 4 hours of interpreting.

3.3.5. If the interpreter spends more than one night on the interpreting job away from home, the Client shall be obliged to make arrangements for his accommodation in a single-bed facility with amenities.

3.4. Claims

3.4.1. Interpreting shall be considered defective if it is has not been provided in accordance with the contract or confirmed job order or in adequate subject-specific quality.

3.4.2. Otherwise, the Contractor shall assume that the job was executed properly.

3.4.3. The Client is obliged file his claim on the grounds of defective interpreting with the Contractor immediately after the execution of the interpreting job, but no later than 7 calendar days thereafter. Any later-date claims based on defective services shall not be honored.

3.4.4. The Client must file his claim at the Contractor’s office personally or per e-mail. The claim must contain concrete reasons and description of the nature of defects and the frequency of their occurrence. If a recording has been made, it must be submitted. The Client may propose how the grievance should be resolved.

3.4.5. If the Contractor admits that the Client’s grievance is justified, he shall be compensated individually in collaboration with the interpreter.

3.4.6. In the event that a dispute arises between the Contractor and the Client concerning the legitimacy of the Client’s claim, both contractual parties undertake to resolve the matter in an amicable, extrajudicial manner, namely have an expert evaluation prepared by an independent interpreter mutually appointed by both contractual parties.

3.4.7. Both contractual parties shall be informed in advance of the amount of the independent interpreter’s fee. The Contractor as well as the Client are obliged to make an advance payment to the independent interpreter for his evaluation. The cost of the evaluation shall be divided equally. Final accounting of the costs shall be done according to the results of the independent interpreter’s evaluation.

3.4.8. The Contractor is responsible for any damage caused by a faulty interpreting up to the total price payable for the job.

3.4.9. If the independent interpreter arrives to the conclusion that the grievance is not justified, all of the costs of the evaluation shall be borne by the Client.

  

4.  Pricing Terms

4.1. The Client has the right to ask the Contractor for bid in advance.

4.2. Unless a specific fee has been agreed upon, the job shall be priced according to the Contractor’s current rates at the time.

4.3. Jobs shall be priced in accordance with the contract between the Contractor and the Client. Unless specified otherwise, it shall be assumed that all prices are quoted VAT exclusive.

4.4. With translation and proofreading jobs, the quantity unit shall be one source word or one standard page. With certified translations, the price shall depend on the number of standard pages or a finished translation. The number of standard pages shall be rounded up to one standard page of every translated page.

4.5. In the event that the source text to be translated/proofread is not in an editable format or in a printed form so that electronic word count is not possible, the price shall be based on the number of translated words. For the purposes of bids, the number of words shall be estimated and thereupon derived from the translated text.

4.6. The fees for interpreting shall be agreed upon contractually between the Client and the Contractor in writing. Interpreting rates depend especially on the language combination and type of interpreting (simultaneous, consecutive, court).

4.7. The Client has the right to ask for a discount, particularly in the case of big job orders.

4.8. All discounts from the tariff rates must be agreed upon between the Contractor and the Client in writing, usually per e-mail, before the execution of the job.

 

5.  Payment Conditions

5.1. The Contractor is obliged to issue a tax document (invoice) with a due date. The due date is 14 days unless specified otherwise.

5.2. The Client is obliged the amount billed in full, including VAT, no later than by the due date specified on the invoice.

5.3. If the Client is late with the payment of the invoice, he shall be obliged to pay the Contractor a contractual penalty amounting to 0.05 % of the amount owed for each day overdue.

5.4. In cases of large job orders, the Contractor shall have the right to send the Client a partial invoice with a due date specified on the invoice.

 

6.  Withdrawal / Cancellation / Compensation

6.1. Both contractual parties have the right of withdrawal from the contract if irreversible obstacles occur after the contractual signature or confirmation of a job order preventing the given party from meeting its contractual obligations.

6.2. Withdrawal notices must be delivered to the contractual counterpart in writing immediately after learning of the circumstances that prevent the execution of the contract.

6.3. If the withdrawing party is the Client, he shall be obliged to pay a cancellation fee to the Contractor, as follows:

6.3.1. For a canceled translation or proofreading, the cancellation fee corresponds to the value of the already translated/proofread text, or the entire text, if completed.

6.3.2. For canceled interpreting, the cancellation fee corresponds to the number of days between the job order cancellation and the scheduled date of interpreting:

6.4. Material liability of the parties is subject to Act No. 89/2012 Coll., the Civil Code.

6.5. The Contractor is not responsible to the Client for damage/injury arising from non-realization of the contract or confirmed job order, provided that it happens due to unforeseeable and inadvertent events which he was unable to prevent.

6.6. The Client is obliged to inform the Contractor of the purpose of the text to be translated, see Art. 2.4.1. If the Client has done so, he shall not be entitled to a compensation of damage caused by any errors in the translated text, which could have been removed by proofreading.   

  

7.  Special Provisions

7.1. The Client hereby undertakes not to contact the translators, proofreaders, or interpreters without his explicit consent.

7.2. If the Client contacts a translator / proofreader, or interpreter directly, with the Contractor’s consent, the Client undertakes not to discuss with him the particulars concerning these Terms of Business related to the executed job.

7.3. In the case of a violation of the obligations arising from Art. 7.1. and 7.2., the Client shall be obliged to pay the Contractor a contractual penalty in the amount of CZK 25,000 (twenty-five-thousand Czech crowns) for each case of such a violation. The Client shall be obliged to pay the contractual penalty even if the given job has not been completed.

 

8.  Contractual Confidentiality

8.1. The Contractor may process the Client’s personal data solely with the Client’s prior consent in writing. Granting this consent is voluntary.

8.2. The Client who is a physical entity or a physical entity representing a legal entity acknowledges hereby that he is obliged to grant his consent (or otherwise) with the processing of his personal data by the Contractor, in accordance with the European Parliament and Council Directive (EU) No. 2016/679, on protection of physical persons in connection with personal data processing and free distribution of such data (GDPR).

8.3. Consent / non-consent must be issued in a written form.

8.4. If the consent has been granted, the Client’s personal data shall be processed by the Contractor as the administrator and processor of personal data.

8.5. By granting his consent, the Client agrees without reservations that the Contractor may compile, process, save in his database, and use his personal data, which he specified in his job order / confirmed inquiry, for the purposes of potential grievance/claim, bids of services to the Contractor, survey of satisfaction, and business communication between the contractual parties.

8.6. By his consent, the Client acknowledges that the Contractor shall process his personal data throughout the effective period of the contractual relations. The Client may revoke his consent in writing any time.

8.7. The Client agrees that he may receive news or other business messages through his e-mail address; this is allowed under Section 7(3) of Act No. 480/2004 Coll., on services provided by information companies, unless the Client refuses them. The receipt of such messages may be canceled any time, e.g., per e-mail or with a click on the relevant link in the business message.

8.8. The Client has the right to ask the Contractor for access to his personal data,
supplementation to or editing of his personal data, and removal of erroneous information concerning the Client’s personal data.

8.9. The Client has the right to contact the Office for Personal data Protection (ÚOOÚ) or the European Data Protection Board (EDPB).

8.10. The Contractor undertakes to handle the Client’s personal data in compliance with Act No. 101/2000 Coll., as amended, and also the European Parliament and Council Directive (EU) No. 2016/679 of 27th April 2016, on protection of physical persons in connection with personal data processing and free distribution of such data, which comes into effect on the 25th of May 2018.

 

 

9.  Final Provisions

9.1. Legal relations between the contractual parties are subject to the provisions of Act No. 89/2012 Coll., the Civil Code, unless these TOS stipulate otherwise.

9.2. Upon signing a contract / confirming a job order, these TOS shall become binding for both contractual parties and constitute an inseparable part of the contract / job order.

9.3. The contractual provisions of the contract / confirmed job order shall prevail over the provisions of these TOS.

9.4. The Contractor may make amendments or supplementations to these TOS. This article does not affect the rights and obligations arising from the previous version of these TOS. The Contractor is obliged to publish the amendments the day of the coming into force and effect of the new TOS. The current version of the valid and effective TOS is available on the Contractor’s website.

9.5. These TOS are in force since the 1st of May 2018.

9.6. These TOS come into effect on the 25th of May 2018.