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Commercial Terms

Published according to § 273 par. 1 Enactment No. 513/1991 Coll. (Commercial Code), as amended 

 

Article l – Initial provisions

These Commercial Terms form an integral part of the contract regarding provision of translation, interpreting or other related-language services

(hereinafter referred to as the “contract”) concluded between a customer and the provider, unless stated otherwise in the contract.

1. The contract between the customer and provider originates when the customer forwards a written order to the provider and the provider confirms receipt of such an order in writing or when the provider sends a written offer to the customer and the customer confirms such offer in writing.

2. The written form, within the meaning of paragraph 2 herein, is, besides the written order, also an order placed by the customer via long-distance communication device – fax or electronic mail (e-mail) - and completion of electronic order forms by the customers and consequent confirmation by the provider. Information about the provider and their identification upon an order via a long-distance communication device is stated in the heading of these Commercial Terms.

3. The contract concluded between the customer and provider originates from both parties express, in writing, agreement with all its important proprieties, i.e. mainly with the content and extent of the services that constitute its subject, the method of service provision, terms of delivery and price of the service, or with the method of service price calculation, termination of the contract and guarantee conditions, unless agreed otherwise.

4. The agreed conditions of the contractual relations can be changed or modified only based on the written agreement of both contractual parties.

 

Article II – Subject of performance

1. The subject of performance is the provision of services stated in the provider’s subject of enterprise, i.e. execution of translation, provision of interpreting services and other related language services according to the conditions stated in the contract (hereinafter referred to as the “order”).

 

Article III - Translations

1. General provisions

1.1 By concluding the contract, the provider undertakes to execute an agreed order to an extent and according to conditions agreed in the contract, in the determined language, agreed term of delivery, hand it over as agreed and to fulfill other conditions stated in the contract.

1.2 By concluding the contract, the customer undertakes to take over the executed order and to pay the resulting price for execution of such an order to the provider according to Article V of these Commercial Terms. 

2. Deadline of order handover

2.1 The provider is obliged to hand over and the customer is obliged to take over the executed order within the term and by the means stated in the contract (confirmed order).

2.2 If the customer, within 24 hours of expiration of the deadline, doesn’t require delivery of the order in writing, the provider assumes that the customer has received the order duly and in time.

2.3 The order is not delivered late if the provider delivers the order repeatedly based on request and demonstrates that such an order has been sent to the customer within an agreed deadline.

2.4 In the case that an executed order cannot be delivered for significant objective reasons on the side of the provider, by means stated in the contract, the provider is entitled to choose a substitutional method of delivery at their own expense. In the case that the executed order cannot be delivered for significant objective reasons that are not on the side of the provider, by means stated in the contract, the provider is entitled to choose a substitutional method of delivery at the expense of the customer. The customer will be informed in advance by telephone.

2.5 If the customer refuses, without significant reason acknowledged by both parties in writing, to take over the agreed and executed order, such an order is deemed executed, and the provider is entitled to issue an invoice for the agreed amount, and the customer is obliged to settle such an invoice.

 

3. Rights and obligations of the parties

3.1 The customer is obliged to inform the provider about the purpose for which the order will be used, if this information is important in terms of execution on the side of the provider.

3.2 If the provider is not informed of such a purpose, later complaints originated from related reasons will not be considered. If the order will be used for publishing in press, Internet or other similar media, this fact must be explicitly stated in the order.

3.3 If the text, which represent the subject of an order, contains technical and other special terms, abbreviations, etc. and the customer requires observance of the used terms, the customer is obliged to inform the provider about this fact in writing and to hand over a summary of such required terminology in the corresponding language or to hand over other supporting materials or to stated a person whom the provider can consult on such technical terminology. If the customer doesn’t do so, later complaints regarding technical terminology won’t be considered.

3.4 If the customer claims delivery of an order that has been duly sent by the provider, provision of Article III, par. 2.3 applies, and the provider is obliged to resend such an order to the customer, immediately after receipt of the request.

3.5 The customer is obliged to immediately inform the provider about all circumstances that could negatively affect fulfillment of their obligation in terms of settling the price of an order according to the contractual terms. The customer is obliged to inform the provider about the fact that a bankruptcy order was issued on their property or that they have entered insolvency proceedings or that such a situation could occur. 

3.6 The provider is not responsible for consequences related to the breach of copyright upon fulfillment of the order placed by the customer.

3.7 The provider undertakes to treat the content of all negotiations related to the subject of the performance as confidential and undertakes to consider all materials submitted by the customer strictly confidential.

 

4. Complaints

4.1 The executed order is defective when not executed in accordance with the contract (confirmed order).

4.2 The executed order is defective when not executed in the corresponding grammatical, stylistic or relevant quality.

4.3 Acomplaint is submitted in writing. The written complaint must contain the reason and description of the defect’s character and/or frequency of occurrence.

4.4 If the provider acknowledges the complaint of the customer in terms of defects according to par. 4.2, a correction of the order will be provided at the expense of the provider within a reasonable term.

4.5 If the provider acknowledges the complaint of the customer, and there are no defects as stated in par. 4.2 herein, or the customer accepts no offered correction in the case of defects according to par. 4.2, the provider will provide an adequate discount on the price of the order for the customer.

4.6 The magnitude of the discount for an acknowledged complaint acc. to par. 4.5 herein will be governed by agreement of both parties; if the parties reach no agreement, the discount will be governed by the expert evaluation of an independent arbiter chosen based on agreement of the parties from a summary of certified translators and interpreters managed by the corresponding court.

4.7 Inthe case that a dispute originates between the parties regarding the legitimacy of duly exercised claims of the customer regarding responsibility for defects other than defects stated in par. 4.2 herein, the contractual parties undertake to solve such a dispute in an out-of-court manner.

4.8 Costs related to the execution of an expert evaluation by an independent arbiter acc. to provision 4.7 herein will be settled by the provider and the customer in the form of an advance payment; each party will settle 50% of the corresponding costs if such an advance payment is required. The final statement of costs will be executed according to the results of the evaluation regarding the legitimacy of the complaint.

4.9 The provider is responsible for damages caused to the customer by defects in the executed order max. in the magnitude of the order price.

 

5. Term for exercising the complaint

5.1 Claims arising from responsibility for the defects dissolve when exercised with delay.

5.2 The customer is obliged to exercise claims from the order defects from the provider without unnecessary delay after such defects were found; however, no later than 30 calendar days from date of the completed order’s takeover.

5.3 After expiration of the deadline stated in par. 5.2 herein, claims of the customer are considered to be exercised with delay.

 

Article IV - Interpreting

1. General provisions

1.1 By concluding the contract, the provider undertakes to execute an agreed order (interpreting) to the extent and according to conditions agreed in the contract, in the determined language, agreed terms of delivery and at the agreed location.

1.2 By concluding the contract, the customer undertakes to pay the resulting price for interpreting to the provider according to Article V of these Commercial Terms. 

 

2. Date and time of interpreting

2.1 The provider is obliged to enable and receive an order (interpreting) within the term and by the means stated in the contract.

2.2 The customer or authorized person is obliged to confirm, in writing, immediately after fulfillment of the order provision of the service (interpreting) and its due course in an interpreting protocol.

2.3 If the customer rejects, without a significant reason acknowledged by both parties in writing, to take over the agreed and executed order, such an order is deemed executed, and the provider is entitled to issue an invoice in the agreed amount, and the customer is obliged to settle such an invoice.

 

3. Rights and obligations of the parties

3.1 The customer is obliged to inform the provider about the purpose for which the interpreting will be executed, if this information is important in terms of execution on the side of the provider.

3.2 If the provider is not informed of such a purpose, later complaints originated from related reasons will not be considered.

3.3 The customer is obliged to inform the provider as to whether the interpreting will be recorded, how and for what purpose.

3.4 If it will be necessary to use technical and other special terms upon interpreting, the customer is obliged to inform the provider about this fact in writing and to hand over – no later than three days prior to the interpreting – a summary of such required terminology in the corresponding language or to hand over other supporting materials (e.g. program, protocol from previous meeting, reports or written texts), unless agreed otherwise. If the customer doesn’t do so, later complaints regarding technical terminology won’t be considered.

 

3.5 The customer is obliged to immediately inform the provider about all circumstances that could negatively affect fulfillment of their obligation in terms of settling price of an order according to the contractual terms. The customer is obliged to inform the provider about the fact that a bankruptcy order was issued on their property or that they have entered insolvency proceedings or that such a situation could occur. 

3.6 The provider is not responsible for consequences related to the breach of copyright upon fulfillment of the order placed by the customer.

3.7 The provider undertakes to treat the content of all negotiations related to the subject of performance as confidential and undertakes to consider all materials submitted by the customer strictly confidential.

3.8 The customer is not entitled to require other activities above the framework of the order from an interpreter (e.g. written translation, execution of report from meeting, guide or organization services).

3.9 Entitlement for remuneration for the entire agreed period of interpreting originates to the provider also in the case when the customer doesn’t use the full time.

3.10 The customer is obliged to ensure the corresponding conditions for interpreting, incl. technical provision, if this is not ordered by the provider.

 

4. Transport, accommodation and boarding

4.1 The customer is obliged to ensure transport of the interpreter from an agreed location to the location of interpreting; the interpreter will be transported by a corresponding means of transport in regard to the distance of the location where the order will be fulfilled, unless agreed otherwise by the customer and the provider.

4.2 Inthe case of own transport, the customer is obliged to pay travel expenses in full according to valid regulations; such expenses will be paid to the provider.

4.3 Inthe case that an interpreter spends, in the course of fulfilling an order, incl. transport from one place to another, one or more nights outside their permanent residence, the customer is obliged to ensure adequate accommodation of the interpreter in a single room with facilities, unless agreed otherwise by the customer and the provider.

4.4 The customer is obliged to provide the interpreter with a break for relaxation and boarding; min. length of such a break is 30 minutes at least every four and a half hours of interpreting.

4.5 Aday of interpreting, i.e. one-day interpreting, means eight hours. A half-day of interpreting means four hours.

 

5. Complaints

5.1 Provided interpreting is defective in the cases that it wasn’t executed in accordance with the contract (confirmed order).

5.2 Acomplaint is submitted in writing. The written complaint must contain the reason and description of the defect’s character and/or frequency of occurrence and to document it by record (if originated).

5.3 If the provider acknowledges the complaint of the customer, a corresponding discount from the agreed price will be provided.

5.4 The magnitude of discount for acknowledged complaints will be governed by agreement of both parties; if the parties reach no agreement, the discount will be governed by an expert evaluation of an independent arbiter chosen based on an agreement of the parties from a summary of certified translators and interpreters managed by the corresponding court.

5.5 Costs related to the execution of an expert evaluation by an independent arbiter acc. to provision 5.4 herein will be settled by the provider and the customer in the form of an advance payment; each party will settle 50% of the corresponding costs if such an advance payment is required. The final statement of costs will be executed according to results of the evaluation regarding the legitimacy of the complaint.

5.6 The provider is responsible for damage caused to the customer by defects in an executed order max. in the magnitude of the order price.

 

6. Term for exercising the complaint

6.1 Claims arising from responsibility for the defects dissolve when exercised with delay.

6.2 The customer is obliged to exercise claims from interpreting defects from the provider without unnecessary delay after such defects are found; however, no later than 30 calendar days from the date of interpreting.

6.3 After expiration of the deadline stated in par. 6.2 herein, claims of the customer are considered to be exercised with delay.

 

Article V – Price of order

1. The price of the order is governed by a valid pricelist of the provider; the pricelist is stated on the Web pages of the provider www.azra.cz and forms an integral part of these Commercial Terms. The pricelist contains information regarding the method of the resulting price calculation.

2. All discounts on the pricelist prices or changes to the pricelist prices must be agreed in writing by the provider and the customer, prior to initiation of fulfillment on the side of the provider.

3. Inthe case of requirement of the customer, the provider will submit, prior to conclusion of the contract, a preliminary price calculation of the order.

 

Article VI – Payment terms

1. The provider is obliged to issue a tax receipt immediately after execution of taxable performance (execution of an order according to the contract) or after agreement between the customer and the provider.

2. The customer is obliged to pay the corresponding amount incl. VAT in full on the date stated on the tax receipt issued by the provider.

3. Inthe case of a delayed payment, the provider is entitled to require payment of a contractual penalty in a magnitude of 0.05% of the amount owed for each day of delay. In the case of a delayed payment, payment of the customer is included in the contractual penalty and the remaining part in the actual owed amount.

4. The provider is, in the case of extensive orders or from other significant reasons, entitled to issue an advance invoice to the customer; such an advance invoice is due within the term stated on the invoice.

 

Article VII –Contract termination and damage compensation

1. Each contractual party is entitled to terminate the contract if a persistent obstruction occurred on its part after conclusion of the contractual relations and such an obstruction prevents fulfillment of obligations.

2. The party that decides to terminate the contract is obliged to inform the other party of this fact in writing, immediately after realizing the obstructions preventing fulfillment of their obligations.

3. Inthe case that the customer terminates the contract, they are obliged to pay cancellation fees to the provider.

(i) In the case of translation services, proofreading, transcriptions and graphic alterations, the provider will charge the customer a cancellation fee in a magnitude corresponding to the price of the already-executed part of the order.

(ii) In the case of interpreting services, the magnitude of the cancellation fee depends on the extent of ordered interpreting and the number of days between the cancelation of order and the first day of interpreting according to the following table, unless determined otherwise.

 

Half-day and one day interpreting

Multiple-day interpreting

Cancellation of order on day of interpreting or one day prior to interpreting  

100 %

100% for first day of interpreting

50 % for every other day

Cancellation of order 2 – 7 days prior to interpreting  

50 %

50 %

Cancellation of order more than 7 days prior to interpreting 

0 %

0 - 25 %

4. Responsibility of the parties for damages is governed by the corresponding provisions of Enactment No. 513/1991 Coll. (Commercial Code), as amended.

5. The provider is not responsible for damages originated to the customer from non-realization of the concluded contract, if this occurs for reasons regarding unforeseeable and unavoidable circumstances that couldn’t be prevented by the provider even in the case of due care.

 

Article VIII – Special provisions

1. The customer undertakes that they won’t contact a translator and/or interpreter of the provider without the explicit approval of the provider.

2. If, with approval of the provider, contact between the customer and a translator and/or interpreter occurs, the customer undertakes not to discuss matters regarding the Commercial Terms of an order with the translator and/or interpreter.

3. Inthe case of breaching the obligations stated in par. 1 and 2 herein, the customer is obliged to pay a contractual penalty to the provider in the magnitude of 10,000 CZK (in words: ten thousand Czech crowns), for each individual breach – also in the case that an order is not duly completed; this doesn’t affect the right of the provider to require compensation of damages caused by such a breach.

 

Article IX - Confidentiality

1. The provider can process data regarding the customer for commercial purposes only with the previous approval of the customer, with one exception – the provider is entitled to state the customer in their summary of references, unless stated otherwise in the contract.

2. The contractual parties consider all information about the other party, which arise from the concluded contract or which they acquired in relation to fulfillment of the contract, as the subject of a commercial secret (according to §17 and consequent of Enactment No. 513/1991 Coll., as amended). Such information will not be revealed to a third person without the written approval of the second party, and the parties will ensure that no information will be misused. The obligation of confidentiality remains three (3) years after termination of the contract.

3. Acommercial secret, within the meaning of the previous paragraph, is not information in the case of which can be demonstrated that:

a) it was known or available to public prior to revelation;

b) information must be revealed to a third party based on valid legal regulation and/or the decision of a corresponding court or other authorized authority.

 

Article X – Final provisions

1. Unless determined otherwise by these Commercial Terms, legal relations between the parties are governed by the corresponding provisions of Enactment 513/1991 Coll. (Commercial Code), as amended.

2. The text of these Commercial Terms becomes obligatory for the contractual parties by concluding the corresponding contract; the Commercial Terms are an integral part of such a contract.

3. Within the meaning of § Enactment 513/1991 Coll. (Commercial Code), as amended, these Commercial Terms are considered the General Commercial Terms of Azra Agency – Jaroslava Matoušková, and are effective from 1.1.2010

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