GENERAL TERMS AND CONDITIONS

 

1. GENERAL

These general terms and conditions apply to all translation, interpretation, and language proofreading assignments between Lingo Tech Hive Zone Translation (hereinafter “the Office”) and the client (hereinafter “the Client”), including related ancillary and additional services, which the parties may supplement as necessary. Translation refers to the conversion of a source language message into a target language following good translation practices. A commercial agreement between the Office and the Client is established at the time of order, without a separate written contract. These general terms and conditions are valid indefinitely.

2. OFFERS AND AGREEMENTS

The Office provides the Client with an offer and price estimate for the translation work based on the information provided by the Client. Once the Office has received the entire material to be translated from the Client, the Office provides a binding offer.

3. CLIENT’S RESPONSIBILITY

The Client must provide the Office with all necessary documents and, if needed, supplementary materials such as previous translations, glossaries, publications, images, and other basic information in their possession according to the agreed schedule. The Client must also provide the Office with any clarifications requested regarding the text (e.g., ambiguities or deficiencies). The Client must inform the Office of the purpose and target audience of the translated text before the work begins. The Client is responsible for the basic information, instructions, and directives provided to the Office and for the suitability of the completed translation for its intended purpose. The Client must also agree with the Office on the review procedure, delivery method, and format, as well as the appearance of the text. If the Client makes significant changes to the assignment after the agreement is concluded, the Office has the right to change the offered price and/or delivery terms or refuse the assignment altogether. Desired changes must be communicated to the Office in writing. The Client is responsible for any costs and delays caused by the changes. If the Client cancels the assignment, the Office has the right to demand payment for the translation already completed. Upon the Client’s request, the Office will deliver the completed translations to the Client.

4. OFFICE’S RESPONSIBILITY

The Office performs the task to the best of its ability with the required professional skill and in accordance with good translation practices. Unless there is a specific obstacle, the Office has the right to use experts from various fields to assist in the translation task. The Client is responsible for the costs of expert assistance if agreed upon in advance. Otherwise, the costs are included in the Office’s fee, and the Office is responsible for compensating the experts it uses. The Office handles all information received from the Client with absolute confidentiality. The Office and the Client may also sign a separate confidentiality agreement if desired.

Liability for Errors and Changes

The Office is responsible for ensuring that the work is done in accordance with the agreement. The Office is also responsible for the translation, including the experts it uses, unless otherwise agreed between the Office and the Client. If the source text is unclear or incomplete, the Client or their designated contact person must provide the necessary clarification to maintain the Office’s responsibility for the translation. The Office has the right to correct or amend any errors or deficiencies in the translation. The Office is not responsible for corrections or changes made by the Client or anyone else to the translation after it has been delivered to the Client. The Office’s liability never exceeds the value of the assignment in question. The Office is solely responsible for damages directly caused by the Office’s errors and deficiencies. The Office is not liable for other forms of damage, such as indirect damages, loss of income, or delays. These limitations do not apply to cases where the damage is caused by the Office’s intentional actions or gross negligence. The Office’s liability remains in effect until the Client has inspected and accepted the translation made by the Office. The Client is responsible for checking the content. However, the Office’s liability ends fourteen (14) days after the work has been sent by mail or otherwise delivered to the Client if the Client has not submitted written comments to the Office regarding the quality or billing of the work by then. The Office remains liable for errors and deficiencies that the Client demonstrates were caused by the Office’s intent or gross negligence and that the Client could not reasonably have detected within fourteen days of delivery. The Office is released from this liability one year after the work has been delivered to the Client. If the Client’s complaint within the specified time is justified, the Office must be given a reasonable time to improve or create a new translation. If the Office cannot reasonably improve the text or make a new translation, it may grant the Client a discount. A possible complaint does not release the Client from the obligation to pay.

5. DATA PROTECTION TERMS

The Client acts as the data controller under data protection legislation for personal data concerning their customers, employees, or other individuals that the Office processes to provide its service. As the data controller, the Client determines the purposes and means of processing personal data. As the data controller, the Client is responsible for the Client’s personal data and the legality of their processing in accordance with applicable data protection legislation. The Client is responsible for taking all necessary measures and obtaining, securing, and maintaining all rights, consents, and authorizations necessary for the Office to process personal data as a data processor to provide the service. Data protection legislation refers to the General Data Protection Regulation of the European Union (679/2016) and other data protection regulations, as well as guidelines, advice, or orders from the data protection authority. The Office acts as the data processor for the Client’s personal data and is responsible for processing the Client’s personal data on behalf of the Client in accordance with applicable data protection legislation and as necessary for the provision of the service.

Confidentiality Obligation

The Client and the Office shall keep confidential all documents, supplementary materials, and other information related to the assignment received from each other that are not publicly available during and after the contractual relationship. The Office uses only parties with a valid confidentiality agreement with the Office and who are committed to not using the information obtained in connection with assignments for their own or third-party benefit. Other individuals are used only when the client presents them, for example, as an expert for the work. A specific data protection measure can be determined on a case-by-case basis to cover materials and information that the Client or the Office designates as confidential. The Client and the Office ensure within their respective areas of responsibility that data protection laws and orders issued by authorities are followed.

Transfer and Disclosure of Personal Data

The Office processes the Client’s personal data only within the limits required by translation, interpretation, and language proofreading services. The basic principle is that when providing the service, the Office may transfer or disclose the Client’s data to its accounting firm and system providers within the limits permitted by applicable data protection legislation, who are obliged to process the data only for actions performed on behalf of the Office.

Transfer of Personal Data Outside the EU/EEA

The Office does not transfer the personal data provided by the Client outside the EU/EEA. However, the Office may have the right to transfer personal data provided by the Client outside the EU or EEA for the provision of the service in accordance with data protection legislation. If personal data for which the Client is responsible as the data controller is transferred outside the European Union or the European Economic Area in connection with the assignment, the Office will implement appropriate safeguards on behalf of the Client to ensure and secure the rights and freedoms of the data subjects in accordance with applicable data protection legislation and the requirements of the data processing agreement. The basic principle is that the Office deletes or returns personal data to the Client upon the Client’s written request when the assignment ends and the provision of the service related to the processing of personal data ceases, unless the Office is required by law or regulatory order to retain the personal data.

6. CHARGING PRINCIPLES

Prices are based on a pre-agreed source language character and/or word price unless otherwise agreed on pricing. Factors affecting the price include the agreed quality level, text difficulty, specialty, translation memory, quantity, and delivery time. If the price cannot be precisely determined in advance, a price estimate is provided, which can be refined as the work progresses. All given prices are net prices. The applicable value-added tax is added to the net price as required by law. If payment is not made in full by the due date, the invoice is considered overdue immediately and without reminder, and the Client must pay the statutory late payment interest from the invoice due date to the payment date. The Client must also pay all collection costs incurred due to the failure to fulfill the payment obligation. The Office has the right to require the Client to pay an advance payment before commencing the assignment. If the Client does not comply with the payment terms agreed with the Office, the Office has the right to suspend ongoing assignments and invoice for the work done.

7. DELAY AND CANCELLATION OF ASSIGNMENT

The work must be completed according to the agreed schedule. If the changes presented in paragraph 3 of section 3 increase or otherwise delay the work, the Office has the right to obtain the necessary extension to the schedule. The Office is not responsible for delays in work caused by the Client not providing the source text or supplementary material either at the time of the agreement or at another agreed time, or if the Office’s work is delayed for other reasons attributable to the Client.

8. FORCE MAJEURE

The Office must immediately inform the Client of any force majeure (force majeure). A force majeure entitles both the Office and the Client to abandon the assignment, provided that the Client agrees to pay for the work already done. The Office will make every effort to assist the Client in assigning the task to another provider. Force majeure refers to a strike, lockout, labor dispute, rebellion, natural disaster, state of war, sudden illness, or other force majeure that can be shown to have clearly affected the Office’s ability to carry out the assignment as agreed. A notice of delay is made by email or otherwise in writing as soon as the delay occurs or is foreseeable. Measures caused by the delay are agreed upon separately.

9. DISPUTES

Disputes between the Client and the Office should be resolved through negotiation, and if necessary, an impartial expert opinion on the translation should be requested. Disputes that cannot be resolved through negotiation will be settled in the district court of the Office’s domicile under Finnish law. The Office’s liability for compensation is limited to the amount of the fee received for the assignment. The Office is not responsible for indirect or consequential damages resulting from the translation. The interpretation of the general terms and conditions follows Finnish law.


Contact Information:

Lingo Tech Hive Zone Translation
Registered in Finland
contact@lingo.techhivezone.com
www.lingo.techhivezone.com