Terms and conditions

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  1. General
    1. All legal relations between Stone Mountain Translations and the client shall be subject to these terms and conditions, to the exclusion of any terms and conditions used by the client, unless Stone Mountain Translations has agreed otherwise in writing.
  2. Quotations, formation of contract
    1. All offers and quotations on the part of Stone Mountain Translations are made without obligation.
    2. Quotations and deadlines may at all times be revoked if Stone Mountain Translations was unable to see the full text before the quotation was given. The contract is formed by the client’s written acceptance of Stone Mountain Translations’s quotation or, if no quotation was given, by Stone Mountain Translations’s written confirmation of the assignment.
    3. Stone Mountain Translations is entitled to regard as our client the person who extended the assignment, unless that person expressly indicated that he was acting in the name and for the account of a third party, and provided that party’s name and address were supplied to Stone Mountain Translations at the same time.
  3. Changing/cancelling assignments
    1. If the client makes changes, other than minor ones, to the assignment after the contract has been formed, Stone Mountain Translations shall be entitled to revise the delivery date and the fee.
    2. If a client cancels an assignment, he is liable to pay for that part of the assignment that has already been completed plus a fee for research already carried out for the remainder, charged on an hourly basis. Stone Mountain Translations will place the work already completed at the client’s disposal.
    3. If Stone Mountain Translations has reserved time for the assignment and is unable to put it to other gainful use, the client shall be required to pay 50% of the fee for that part of the assignment that was not carried out.
  4. Performance of assignments, confidentiality
    1. Stone Mountain Translations is required to perform the assignment to the best of our professional knowledge and ability for the purpose the client has specified.
    2. Stone Mountain Translations will treat all information supplied by the client as strictly confidential. Stone Mountain Translations will require our associates to observe confidentiality. Stone Mountain Translations is, however, not responsible for any breach of confidentiality by them if we can reasonably demonstrate that we were unable to prevent this breach.
    3. Unless expressly agreed otherwise, Stone Mountain Translations may have all or part of an assignment performed by a third party or third parties, without prejudice to our responsibility to observe confidentiality and ensure that the assignment is carried out properly. Stone Mountain Translations shall require such third party to maintain confidentiality.
    4. Upon request and where possible, the client will supply relevant information about the text to be translated, and also documentation and terminology, if available. Such documents will be sent for the account and risk of the client.
  5. Deadlines and delivery dates
    1. Any agreed delivery date is no more than a target, unless expressly agreed otherwise in writing. Stone Mountain Translations is required to notify the client without delay if it has become clear to us that it will be impossible to deliver the translation on time.
    2. Where Stone Mountain Translations fails to meet an agreed deadline, in breach of the contract, and the client cannot reasonably be expected to wait for performance of the assignment, the client may cancel the contract unilaterally. In that case the translator will not be liable to pay any compensation.
    3. The translation is deemed to have been delivered on the date and at the time it is sent.
    4. Data delivered by electronic mail are deemed to have been delivered at the time the medium confirms transmission.
  6. Fee and payment
    1. Translation fees are normally based on a rate per word. Other work may be charged at an hourly rate. Stone Mountain Translations may also charge for expenses agreed in advance with the client and connected with the performance of the assignment.
    2. All sums stated are exclusive of VAT.
    3. Where a time limit for payment has been agreed, payment must be made within that time limit. In all other cases payments must be made within 30 days, in accordance with European Directive 2000/35/EC.
    4. All judicial and extrajudicial collection charges, including legal fees, bailiffs’ fees and costs of debt recovery services, shall be paid or reimbursed by the client. Extrajudicial collection costs will be charged in accordance with the standard scale for such charges (emphasis staffel kosten buitengerechtelijke incassokosten).
    5. Stone Mountain Translations may require the client to pay all or part of the fee and expenses in advance, and/or require security in the form of, for example, a bank guarantee, before starting work on the assignment. If the client fails to supply such security within five working days of a written request to that effect, Stone Mountain Translations shall be entitled to suspend our obligations for a period fixed by Stone Mountain Translations and/or terminate the contract. If the contract is suspended and/or terminated, Stone Mountain Translations shall retain the right to compensation for the work carried out up to that point.
    6. Before starting work, Stone Mountain Translations may require payment in instalments during the course of the assignment. In that case, if the client fails to fulfil his payment obligations as stipulated in paragraph 6.3, Stone Mountain Translations may suspend our obligations and/or terminate the contract. If the contract is suspended and/or terminated, Stone Mountain Translations shall retain the right to compensation for the work carried out up to that point.
    7. If the client is of the opinion that the amounts Stone Mountain Translations has invoiced are incorrect, he is required to object in writing, specifying his objections, within the time limit stipulated in paragraph 6.3. If the client fails to comply with the requirements of this paragraph, he forfeits the right to object to the amount or composition of the invoice.
  7. Complaints and disputes
    1. The client must notify Stone Mountain Translations of any complaints concerning the work delivered as soon as possible and in any event in writing within 10 working days of delivery. The fact that a complaint has been made does not release the client from his obligation to pay.
    2. If the complaint is founded, Stone Mountain Translations will correct or replace the work within a reasonable period of time or, if Stone Mountain Translations cannot reasonably comply with the client’s wish that the work be improved, we will reduce the price.
    3. If the client and Stone Mountain Translations are unable to resolve a complaint within a reasonable period of time, the party most desirous of having the dispute decided may bring the dispute before the VZV executive committee within a period of two months after it has been established that the dispute cannot be resolved otherwise. The dispute will then be resolved in accordance with the applicable rules (Geschillenreglement VZV).
    4. The client’s right to complain shall lapse if the client has modified the work delivered, or had it modified, and then delivered it to a third party.
  8. Liability; indemnity
    1. Stone Mountain Translations is liable only for loss or damage which is a direct and demonstrable consequence of a fault for which we can be held accountable in law. Stone Mountain Translations is never liable for any other form of loss or damage, such as trading or consequential loss, loss due to delay, or loss of profit. In any event liability is limited to the amount invoiced for the assignment ex VAT.
    2. Stone Mountain Translations’s liability is in all cases limited to the sum equal to the rate of the assignment.
    3. Stone Mountain Translations is relieved of any liability if the text to be translated is ambiguous.
    4. The assessment of whether the text to be translated or the translation entails any risk of bodily injury is entirely at the client’s expense and risk; the client will indemnify Stone Mountain Translations and hold Stone Mountain Translations harmless against any claims from third parties in connection with bodily injury arising out of the use of the work delivered.
    5. Stone Mountain Translations is not liable for any loss of or damage to the documents, information or data carriers made available to him for the purpose of performing the assignment. Nor is Stone Mountain Translations liable for loss or damage arising as a result of the use of information technology or modern means of telecommunications.
    6. The client shall indemnify Stone Mountain Translations and hold him harmlessagainst all claims from third parties in respect of which Stone Mountain Translations does not accept liability but where liability is nevertheless asserted.
  9. Termination
    1. If the client fails to discharge his obligations, or if his business goes into bankruptcy, or is liquidated, or if a court orders that payments to creditors be suspended, Stone Mountain Translations shall be authorised to terminate the contract or suspend its performance in whole or in part without this giving rise to any obligation to pay compensation. In that case Stone Mountain Translations can require immediate payment of the amount due.
    2. If Stone Mountain Translations is no longer able to discharge our obligations as a result of circumstances beyond our control, we may terminate the contract without being under any obligation to pay compensation. Such circumstances shall in any event include fire, accident, illness, strikes, riots, war, obstacles to transportation, government measures, or other circumstances over which we have no control.
  10. Copyright
    1. Unless expressly otherwise agreed in writing, Stone Mountain Translations retains the copyright in the translations and other texts we produce.
    2. The client shall indemnify Stone Mountain Translations and hold him harmless against claims from third parties arising from alleged infringement of property rights, patents, copyright or other intellectual property rights in connection with performance of the contract.
  11. Applicable law
    1. The contract between the client and Stone Mountain Translations shall be governed by Dutch law.
    2. All disputes and claims that cannot be settled amicably as provided in paragraph 7 will be subject to the exclusive jurisdiction of the competent Dutch court.