General Terms and Conditions
Unless a preliminary written agreement is otherwise provided, Reflex Translation Services (hereinafter referred to as Reflex) undertakes to render the performance of translation orders under the following conditions:
1. The nature of the service, its objective and scope
1.1 The primary services of Reflex: written and verbal translation, editing, and certification. Written translation means all service that results in the translation of a source-language text recorded on an electronic or paper medium to a target-language text appearing on an electronic or paper medium.
Verbal translation - interpretation - means all service that results in the translation of a source-language text communicated verbally and transmitted directly or indirectly (electronically) to the target-language. In the course of this procedure, the translation may be electronically (e.g. tape recorder) or mechanically (e.g. short handwriting) recorded, and the provisions of section 7.3 shall be applicable thereto.
Editing means checking the grammar and style of the translation that is prepared by Reflex or another service provider, by comparing the source-language text with the target-language text, in accordance with the rules of everyday language, as well as double-checking the technical terms applied in the translation based on the technical terminology of a given profession.
1.2 In the case of a written translation, the client must indicate in his or her order the objective of the translation. Such as
- providing information exclusively
- publication (issuing, commercials etc.)
- legal application (e.g. patent procedure)
- official translation
- certified translation
- any other objective that Reflex's translator(s) should keep in mind.
The translation is official: if Reflex prepares the translation by way of editing it, and by printing it on a document bearing the letterhead of the company, subsequently attaches it to the original document, affixes a clause to it, and in turn marks it with a dry stamp.
1.3 At the time of ordering the verbal translation - interpretation -the client must indicate the nature of the task:
- The interpretation is consecutive: if a certain unit of a source-language text (which can be one or more sentences), after having been communicated is translated to the target-language and there is a direct connection between the user of the source-language, the audience, and the interpreter.
- The interpretation is simultaneous or synchronized:* if the service is provided as a result of which the target-language text is being uttered practically simultaneously when the source-language text is communicated, and there is no direct connection between the speaker of the source-language, audience, and interpreter.
1.4 If the client uses the translation in contravention of the objective indicated in the order, all of the damages arising from and all of the consequences thereof shall be borne by the client.
1.5 If the client has failed to indicate the objective of the translation in the order, then Reflex is obliged to prepare the translation according to best of its abilities, as if the client would have ordered the translation solely for informational purposes.
1.6 Reflex disclaims liability for the translation of any special terms appearing in the document, which are not commonly known, unless the client has provided the translation of those terms along with the order to Reflex.
1.7 The client can request that pursuant to a preliminary agreement, Reflex prepares the translation with a specific word processing program, and delivers a hard copy as well as an electronic version thereof, and that Reflex retains a copy in its archives in order to make subsequent amendments to the document.
1.8 Reflex undertakes to retain the translated document for 1 year.
2. Service fee
2.1 The fee of the service is determined by the applicable price quotation chart of Reflex or by its proposal provided in writing as a response to the order. A written proposal can be extended only after becoming familiar with the source-language text.
Settling the price of the written translation is usually carried out by counting the translated text's (target-language) characters together with the spaces. Reflex, however, is entitled to set any other accounting unit, or in turn determine a lump sum amount service fee, which is based on an agreement that is reached with the client.
In the case of settling the fee for interpretation services, the basic unit comprises the time that is applied for the rendering of the service (hours, weeks or months) towards which - in case the performance takes place within the country or abroad - the travel time, the recesses, and lunch breaks are to be counted. Should the performance be rendered abroad, the service fee shall be subjected to a specific agreement.
If the performance of an order for written or verbal translation of a minor value is rendered, to cover the administrative fees not proportionate with the service fee, Reflex is entitled to receive a minimal charge, the so-called basic fee.
2.2 The offer from Reflex is valid exclusively in writing (mail, email, or fax) and for a period of 1 month counted from the date of the offer, unless a specific validity date is set forth by the offer.
2.3 If Reflex sets the fee of the service based on the quantity of the target-language text, the written offer serves only for informational purposes; the exact fee can only be determined after having the translation prepared.
2.4 In the case of editing translations that are prepared by others, and if the quality of the translation makes it reasonable, Reflex shall be entitled to charge its applicable translation fee.
2.5 The client can request that the translation be already prepared and delivered amended. If the changes are not indicated properly in the amended text, Reflex is entitled to charge its applicable edition fee for the entire text.
2.6 If the client's order is exclusive of the translation of the amendments and those are properly indicated in the text, Reflex can only prepare the translation thereof, and can only charge the client for the translation of the amendments and for its additional services rendered.
3. Rendering performance
3.1 If the day (hour) of performance constitutes a substantial element of the order, then the client must disclose this fact within its order.
3.2 Receipt of all of the documents that are necessary for the translation by Reflex in accordance with the offer is a precondition of rendering performance within the stated deadline. In the case that this condition is not met, the deadline is extended with the time period of the delay.
3.3 The method and place of performance is subject to a case-by-case agreement between the client and Reflex. In lieu of an agreement, the performance is rendered (the translation is handed over) as the original documents were transferred by the client to Reflex. In the case of delivery via postal mail, Reflex sends and bears the cost of the translation as certified mail, but the risk thereof shall be borne by the client.
In the case of delivery via email, Reflex shall put forth its best effort in order to have the email sent within the deadline, and to secure that the attached translation is received by the client intact. The Reflex, however, only undertakes liability for sending the email containing the file of the translation in an intact form within the stated deadline.
Reflex, from January 15, 2006, provides all of its clients with access (via using a password) to its servers of great capacity. The client may load within his or her own designated space the files to be translated, in which Reflex shall load the translations that are prepared to the same location.
3.4 Reflex sends the translations to the client, or the client can obtain the documents at Reflex's premises. The client is obligated to pay the full invoice amount, even if it does not obtain the translation in contravention to the written request of the Reflex to that effect. The written request shall be made following 15 days after the expiry of the performance deadline. If the client does not obtain the translation within 8 days following the receipt of the written request, which is proven by way of delivery confirmation, Reflex shall send the translated text to the client together with the original document and the invoice containing the fee for the services performed per certified mail. The client, in such a case, is obligated to settle the invoice sent by Reflex as if over the client has in fact obtained the translation from Reflex.
4. Withdrawing the order
4.1 The client is entitled to withdraw his or her order for translation without consequences, if at the time of indicating the loss of interest in the work being performed by Reflex the provision of the service has not been commenced in any form.
4.2 In any other case, the client is obligated to settle the fee of service rendered before the order was withdrawn.
4.3 In the case of interpretation or professional translation performed locally, the client is entitled to withdraw its order three workdays prior to the commencement of the performance, at the latest, without material consequences. If the client withdraws its order within three workdays preceding the performance, it shall be obligated to pay 50% of the expected price of the service (in the case of the engagement of maximally one day) or the fee of performance of the first day (in the case of and engagement exceeding one day).
5. Quality claims and warranties
5.1 Reflex shall prepare the translation in good quality, so as to be suitable for the purposes indicated by the client. Reflex is not obligated to translate any special terms, technical expressions appearing in the original text. (see section 1.6).
5.2 Complaints regarding the quality of the translation must be brought forth by the client immediately after the delivery of the translation, but no later than two weeks after that, in the case of a consumer contract within two months, in the case of interpretation during the performance or at the latest within three calendar days following the performance. Any delay in communication shall be the responsibility of the person entitled to exercise the right.
Regarding the written services performed by Reflex, the client can exercise his or her warranty rights within 6 months, in the case of consumer contracts within a 2-year warranty period. Quality complaints and warranty claims must be communicated to Reflex in writing, having the appropriate and comprehensive proof attached.
5.3 In the case of written services, the client must allow Reflex to remedy the deficiencies and have sufficient time to do so. Should the client reject the above, or request that the deficiencies to be remedied by a third party, this does not relieve Reflex from its responsibility to amend the problems.
5.4 Should Reflex remedy the problems within the period open, the client is obligated to pay the full amount of the invoice issued by Reflex.
5.5 In the case of interpretation, the client must support its claims for any supposed deficiencies of performance by unequivocal and impartial opinions, submitted with signatures. In lieu of the aforementioned, the client is obligated to pay the full amount of the invoice issued by Reflex.
5.6 If Reflex does not correct the deficiencies within a reasonable extension of the deadline, the client may rescind the contract or claim that the fee is to be reduced. In the case of minor mistakes, the client is not entitled to rescind the contract. The mistake is considered to be a minor one if there are no deficiencies detectable that would distort the meaning of the text.
5.7 In the case of translations published in print or by any other medium, Reflex bears liability for translation mistakes exclusively if the client acted in accordance with those stated in section 1.2, and if Reflex had a change to check the proof sheets or carry out any other corrections conducted by the authors. In such a case, Reflex is entitled to charge an extra fee for the proofreading.
5.8 If a hand written, illegible or confusing text is requested to be translated, no warranty claim can be brought forth. The text is considered to be difficult to type if it mostly consists of formulas, indexes, or a different alphabet altogether must be used (e.g. Latin, Cyrillic).
5.9 In the case of interpretation, if the text is an unusual dialect when spoken, the communication exceeds the speed of regular speech, or the text is transmitted via technical equipments of unsatisfactory quality (which reduces the perception frequency range of the human ear or severely limits the applicability of the technical equipments) or if the meaning of the text is not ascertainable in the source-language either - no warranty claims can be asserted.
5.10 Amendment regarding the style of the text, incorrect translation of special terms (used in a trade or more especially within the company of the client) omitting translation of acronyms (unless their explanation is provided by the client at the time of the order) is not considered as defects of the translation.
5.11 Reflex disclaims liability for the translation of names or addresses to or from a language using non-Latin letters. In such a case, it is recommended that the client provides the correct version of the above names and expression on a separate page using Latin printed letters.
5.12 Reflex disclaims liability for compatibility of the translation with IT equipment of the client, which was prepared using a word processor program determined previously in the order (or not determined previously), and which was transferred by data carrier medium. Reflex shall exercise the utmost care in archiving the translation as per the request of the client, but shall reject any claims asserted by the client for any loss of data.
5.13 Should the client request that the translation is prepared with urgency and without editing, and then this arrangement excludes exercising the high level of quality control usually provided by Reflex. In such a case, Reflex disclaims liability for any inaccuracies of the translation, although it is still under the obligation to exercise the highest level of care and to pay attention in preparing the translation.
5.14 Reproducing numbers is carried out based on the manuscript. Reflex disclaims liability for the conversion of numbers, sizes, currencies, and similar data.
5.15 Reflex is obligated to exercise due care in preparing the translation, but it is not under obligation to satisfy the subjective expectations of the client.
5.16 Reflex disclaims all liability for mistakes, omissions, ambiguities presented in the text handed over for translation, or for the mistakes arising out of fact that the meaning of the text is not ascertainable in the source language.
5.17 The manuscripts, original documents appearing on paper, or other medium and similar documents must be retransferred to the client at the time of handing over the translation work, if the performance is carried out via postal mail, then together with the translation. In any other event, it is the task of the client to ensure that handing over is performed.
5.18 Reflex undertakes to secure that every internal and external agent of Reflex that shall gain access to the original document or to the translation shall be obligated to retain all information in confidence.
Reflex is liable for damages caused to the client by its services, pursuant to the general rules of civil law. Reflex is not obligated to reimburse that part of the damages which is caused as a result of the conducts of the client. For lost profit, Reflex bears liability exclusively if direct causal relationship with the translation is proven.
7.1 Unless otherwise provided, payment shall be made via transfer. Regarding payment deadlines, Reflex and the client shall reach individual agreements.
7.2 Reflex is entitled to request an advance payment or partial payment in the case of a new, unknown client, or if the principal has already failed in making timely payments.
7.3 The service of Reflex qualifies as intellectual property. Reflex retains all of its right to use its intellectual property, until the full amount of its invoice is settled. Any permission for the use can be considered given, only at the time of full settlement of the invoice.
7.4 Should the client be delinquent in payment, it shall also be obligated to pay the applicable late interest.
7.5 Should the client become delinquent in remitting payment, Reflex retains its right to suspend the translation of other texts for the client up until full payment is made. This provision is likewise applicable to those orders of the client, regarding which the parties agreed on a fixed deadline.
8. Legal debates, authority of courts
8.1 The parties shall exercise their best efforts to settle their legal debates in relation to the services of Reflex in an amicable way. If this is impossible, the parties request that the Hungarian National Office of Translation elect a three member expert committee to decide the case. The expenses incurred from the above shall be borne by the party whose opinion is upheld by the expert committee. The decision of the committee shall oblige the parties.
8.2 Regarding other legal (not professional) debates, the parties subject themselves to the jurisdiction of the county court having authority at the seat of Reflex.
January 1, 2006