issued pursuant to § 1751, par. 1 of Act no. 89/2012 Coll., the Civil Code, as amended (hereinafter the „Civil Code“)
Art. I Introductory provisions
These Terms and Conditions (hereinafter the „Terms and Conditions“) are an integral part of contracts concluded between the ordering party and LANGEO s.r.o., CID.: 01656317, registered in the Commercial Register kept by the Municipal Court in Prague in Section C, file no. 209876, registered office at Věstonická 433/3, Prague 5, 155 21 (hereinafter also referred to as the „contractor“). The ordering party and the contractor shall hereinafter be jointly referred to as the „parties“.
Art. II Subject of performance
1. The subject of performance are services related to the contractor’s scope of business, particularly translation and interpreting services (hereinafter also a „contract“ or „subject of performance“) according to the ordering party’s requirements specified in the order.
2. The subject of performance may include other services (e.g. proofreading) according to the contract concluded between the ording party and the contractor, or according to the order.
Art. III Translation/interpreting services order
1. The contract between the ordering party and the contractor is based on a written order placed by the ordering party, which can be sent by email or via an electronic order form available at www.langeo.cz (hereinafter also an „order“). The contract is concluded when the order is expressly accepted by the contractor. The order is deemed expressly accepted when a written notice of acceptance of the order is sent to the ordering party. The contract is governed by the provisions of § 2586 et seq. Act no. 89/2012 Coll., the Civil Code, as amended. Based on the communicated requirements of the ordering party, the contractor will prepare a written calculation and send it the ordering party via email. The delivery deadline for translations is calculated from the moment the contractor confirms the receipt of the order in writing.
2. The arranged terms of the contractual relationship can only be changed or cancelled by a written agreement of both parties (this can also be done via email if the contractual relationship arranged via email). This is without prejudice to the contractor’s right arising from Art. X, par. 4 of the Terms and Conditions.
3. An order is always binding for the ordering party, and unless expressly agreed otherwise, it must contain at least the following information:
- the exact billing and correspondence address of the ordering party, including his ID number and TIN number, if assigned
- the name, surname, or function of the person who placed the order, as well as his email address and telephone number
- specification of the translation/interpreting (especially if it is subject to high expertise, or in the case of an otherwise specific subject of performance)
- the required or pre-arranged delivery deadline of a translation
- the required or pre-arranged date of the interpreting services and the place where the interpreting will be required
- any other specifics (e.g. if an audiovisual or visual recording will be made during the interpreting event, the client is obliged to inform the contractor of this in advance in writing)
- the purpose for which the translation will be used (this primarily applies to texts intended for publication)
- information about the person authorized to consult technical terminology, abbreviations, etc.
Art. IV Definition of basic terms
Translation – a written conversion from a foreign language into Czech and vice versa, or between two foreign languages.
Proofreading – correction and linguistic or stylistic editing of a Czech or foreign language text.
Interpreting – translation of spoken word by an interpreter from a foreign language into Czech and vice versa.
Base tariff unit – 1 standard page (hereinafter also „SP“) of the target text, which is the text in the language into which the text is being translated, i.e. 30 lines with 60 keystrokes, or 1,800 characters including spaces. Please keep in mind that 1 regular A4 page may not be equal to 1 SP; one A4 page may be equal to 0.5 SP, or it may also amount to 4 SPs, depending on the font type and size, line spacing, etc. The number of SPs is calculated from the target text, and it is rounded up to halves of SPs. If the text amounts to less than 1 SP, it is always rounded up to 1 whole SP. This means that 0.4 SPs will be charged as 1 SP, 2.2 SPs will be charged as 2.5 SPs, etc.Base tariff unit – 1 standard page (hereinafter also „SP“) of the target text, which is the text in the language into which the text is being translated, i.e. 30 lines with 60 keystrokes, or 1,800 characters including spaces. Please keep in mind that 1 regular A4 page may not be equal to 1 SP; one A4 page may be equal to 0.5 SP, or it may also amount to 4 SPs, depending on the font type and size, line spacing, etc. The number of SPs is calculated from the target text, and it is rounded up to halves of SPs. If the text amounts to less than 1 SP, it is always rounded up to 1 whole SP. This means that 0.4 SPs will be charged as 1 SP, 2.2 SPs will be charged as 2.5 SPs, etc.
Art. V Rights and obligations of the parties
1. After the conditions listed in Articles I to IV are fulfilled, the contractor undertakes to execute the order according to the agreement, in the specified language, within the agreed deadline, and to hand it over to the ordering party in the manner arranged in the order. Unless otherwise agreed in the order, the place of fulfillment of the order shall be the office of LANGEO s.r.o., Olšany 144, 789 62 Olšany. Unless agreed otherwise in the order, the contractor is entitled to send the finished work to the ordering party via email to the email address provided by him.
2. By placing an order, the ordering party undertakes to take over the completed work and pay the contractor the final price of the order in a proper and timely manner in accordance with the provisions of Article VI. If the ordering party does not take over the completed work for reasons of his own, this fact shall not affect his obligation to pay the contractor the price of the order.
3. The ordering party is obliged to inform the contractor in a timely and verifiable manner of all circumstances that have a decisive influence on the fulfillment of his obligation to pay for the work. The ordering party is particularly obliged to inform the contractor about a decision to declare bankruptcy, or that he has gone into liquidation. If such circumstances, or similar circumstances, arise, the contractor is entitled to demand that the client pay an advance payment in a reasonable amount. Until the advance payment is made, the contractor is not obliged to continue to work on the order, and he shall not be liable for any damages incurred in this way.
4. The contractor undertakes to treat all documents and information provided by the ordering party, who is to use the contractor’s services under the contract, as strictly confidential, to maintain confidentiality and to ensure that these documents and information are not disclosed to third parties, with the exception of persons involved in the translation or interpreting.
5. Transfer of rights – the completed translation is the property of the contractor until the full price is paid by the ordering party.
6. Definition of the purpose of the translation – the ordering party is obliged to inform the contractor of the specific purpose of the translation in the written order (e.g. translation intended for publication, etc.). If the ordering party fails to fulfill his obligation under this paragraph in a timely manner, later complaints regarding this fact will not be taken into account. If the ordering party fails to specify this purpose, it shall be assumed that the translation is intended for a general purpose and for the private needs of the ordering party.
7. If the translated text, which is the subject of the order, contains technical or other special terms, abbreviations, etc., the ordering party is obliged to provide a list of the relevant terminology used in the given language, to provide other auxiliary materials, or to indicate a responsible person who will be entrusted with consultation of technical terminology. If the ordering party fails to fulfill his obligation under this paragraph in a timely manner, later complaints regarding this terminology will not be taken into account.
8. The contractor shall not be liable for copyright infringement in any way.
Art. VI Payment terms
1. The current price list of the contractor’s services and the described calculation method shall be used for the price calculation.
2. The minimum chargeable amount of SPs is 1 SP of text pursuant to Article IV of these Terms and Conditions. If the calculated price of the order exceeds 10,000 CZK, the contractor is entitled to issue an advance invoice with the maturity date specified on the invoice in the amount of 50% of the estimated price. The contractor reserves the right to send (submit) the finished translations to the ordering party only after the advance invoice is paid for.
3. If the ordering party pays for the order from a foreign bank outside the Czech Republic, he shall bear all bank fees associated with the transfer of the payment. If he does not do so, the price shall not be deemed to be paid in full.
4. By sending an order to the contractor, the ordering party undertakes to pay the price of the translation by the maturity date listed on the invoice, the amount of which he was notified of upon confirmation of the order.
5. The party ordering translation services is charged the base rate if the source text is ordinary, comprehensible, well-readable text in a standard format without special graphic modifications and the ordering party does not require the translation in less than two days. For graphically demanding texts and formats (e.g. PDF format), the contractor may request an extension of the deadline, or he shall be entitled to charge a surcharge according to the price list or agreement with the customer. He may also charge a surcharge if the ordering party requires a translation in less than two days.
6. The contractor is entitled, unless otherwise expressly agreed in advance between the contracting parties, to issue a tax document when the order is completed. If it is the first or second order from the same ordering party, the contractor will issue an invoice immediately upon receipt of the order, and the translation will not be sent to the ordering party until the entire amount on the issued invoice is credited to the contractor’s account. The contractor is entitled to bill individual language versions separately, even if they are part of a single order. In the event of a delay in the payment of the price, the contractor is entitled to interest on arrears in the amount of 0.5% of the amount due for each day of delay. In the event of late payment, the ordering party’s payment shall first be used for interest on arrears, and the following amount shall be a principal payment. If the ordering party is in delay with payment of a monetary debt to the contractor for over 14 days, the ordering party shall not be entitled to a discount provided upon agreement with the contractor on the price of an order ordered at the time of such delay, and the price of this order shall not be included in the volume of services for the provision of a discount.
Art. VII Cancellation policy
1. A translation or interpreting ordered in accordance with Article III is binding for the ordering party, and in the event of its cancellation, the contractor shall be entitled to payment of the total amount specified in the written calculation pursuant to Article III, par. 1 of the Terms and Conditions, which must be paid by the ordering party within 21 days of the price calculation.
Art. VIII Complaints
1. The ordering party must file a complaint with the contractor in writing (or via email), and this complaint must contain a description of the order, the reason for the complaint, the number of defects and a precise description of the nature of defects. In the event of a complaint against a translation, the parts that the the ordering party believes to be defective must be clearly marked. If the complaint is not filed in accordance with this provision, it shall not be taken into account.
2. A properly filed complaint shall be assessed by an independent person, i.e. a certified court interpreter or a native speaker, upon which both parties agree. If they do not agree within 14 days of the filing of the complaint, the contractor shall choose the independent person. The independent person must not be associated with the subject of the complaint or the contracting parties, and he must be able to assess the complaint objectively. If the independent person recognizes the complaint as justified, the contractor will provide a reasonable discount on the value of the order. The independent person may recommend the amount of the discount, but the contractor shall make the final decision.
3. The contractor shall be liable for any damage caused by defects in the completed order up to the amount of the order price.
4. The ordering party is obliged to exercise the rights arising from defective performance of the contract immediately (i.e. without undue delay) after discovering the defect. The rights arising from defective performance of the contract shall expire if they are not exercised in a timely manner.
5. The filing of a complaint does not release the ordering party from the obligation to pay the invoice properly and on time.
6. If the ordering party is also a consumer and there is a consumer dispute between the contractor and the ordering party, the consumer (ordering party) has the right to out-of-court settlement. The Czech Trade Inspection Authority is the entity responsible for out-of-court settlement pursuant to Act no. 634/1992 Coll., on consumer protection. All information about out-of-court settlement can be found on the website of the Czech Trade Inspection Authority www.coi.cz.
Art. IX Contractor's obligation
The ordering party undertakes to resolve all disputes concerning the contract directly with the contractor, not with the translator or interpreter cooperating with the contractor. If the ordering party is interested in using the contractor’s services again in the future, he undertakes to contact the contractor and proceed according to Art. III of the Terms and Conditions. The ordering party expressly acknowledges that he is not entitled to contact translators or interpreters cooperating with the contractor for this purpose. If the ordering party violates this obligation, the contractor shall be entitled to a contractual penalty in the amount of 50,000 CZK (in words: fifty thousand Czech korunas). This provision is without prejudice to the contractor’s right to compensation for damages.
Art. X Final provisions
1. The parties have expressly agreed that:
- all financial disputes that may arise in the future from the contract concluded between them
- disputes that arise in connection with the contract, including its validity, interpretation, implementation or termination
- rights directly or indirectly arising from this legal relationship
- questions of the legal validity of this legal relationship
- questions of rights associated with the above rights, even in the event that the contract is invalid, terminated or revoked shall be settled before Czech courts in accordance with Czech law.
2. The parties have agreed that the contract concluded between the contractor and the ordering party shall be governed by the relevant legislation of the Czech Republic, particularly the Civil Code.
3. Unless contractually arranged otherwise between the contractor and ordering party, these Terms and Conditions shall become valid and enter into effect on 1/8/2014.
4. The contractor is entitled to unilaterally change the Terms and Conditions, which the ordering party acknowledges and agrees with. The current wording of the Terms and Conditions is published by the contractor at www.langeo.cz.
5. Within the meaning of Act no. 101/2000 Coll., on personal data protection, as amended, the ordering party agrees to the processing of his personal data by the contractor to the extent strictly necessary for the purposes of the contract; he grants this consent for a period of at least 3 years from the establishment of the contractual relationship between the parties.