GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (GTC) are concluded on the one hand by:
MediaTranslation, with corporate office at 7 rue des Cévennes, 1325 Chaumont-Gistoux, Belgium, registered under number 0525.649.136 with the Crossroads Bank for Enterprises (CBE) and hereinafter referred to as "MediaTranslation", represented by Julie Dondi, Director;
AND on the other hand, by:
the private individual or legal entity acting in the exercise of a profession or business or the private individual who qualifies as a consumer under the law, wishing to use the Services of MediaTranslation and hereinafter referred to as the "Customer".
By accessing the MediaTranslation website (www.media-translation.info/) or confirming an Order, you agree to these General Terms and Conditions and to be bound by all applicable laws and regulations.
The Website and its original content, features and services are the property of MediaTranslation and are protected by international copyright, trademark, intellectual property, and other proprietary rights laws.
MediaTranslation's General Terms and Conditions take precedence over those of the Customer. The Customer waives the right to enforce its own terms and conditions, unless otherwise expressly agreed.
Services: All linguistic services offered by MediaTranslation, i.e., specialty and general translations, sworn translations, editing, proofreading, MPTE
Source: Original material in foreign language to be translated into the target language. Such material can be textual, video, audio media, etc. The content of the material must be perfectly legible.
Target: The output of the translation in the target language, to be delivered to the Customer. The target media is a Word document, unless otherwise agreed in writing between the Customer and MediaTranslation.
Customer: any person who places a Translation Order with MediaTranslation, with written confirmation by e-mail to firstname.lastname@example.org
Translation Order: Written acceptance of a quotation by e-mail, with indication of the total price and delivery time
GDPR: The EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, the so-called General Data Protection Regulation (https://eur-lex.europa.eu/legal-content/FR/TXT/HTML/?uri=CELEX%3A32016R0679)
Website: MediaTranslation's website at www.media-translation.info
Rate: The Rate in Euro (or other currency agreed with the Customer in writing) per word/per hour for any Service agreed between the Customer and MediaTranslation through a confirmed written Order.
Delivery: Delivery of the target document on the date agreed in writing with the Customer, by the agreed means, usually by e-mail and/or post.
3. ACCEPTANCE AND CONFIRMATION OF THE TRANSLATION ORDER
The Customer shall enable MediaTranslation to assess the level of difficulty of the text to be translated.
Any Order accepted by MediaTranslation on the phone shall be immediately confirmed in writing by MediaTranslation. The written confirmation shall state the agreed Rate and Delivery time.
This shall be accompanied by a copy of MediaTranslation's General Terms and Conditions. The Customer returns the signed Order confirmation to MediaTranslation within 24 hours for approval.
4. DELIVERY TIME
The Delivery period agreed upon in writing with the Customer shall commence upon receipt of the source text and the final Translation Order by MediaTranslation.
5. CANCELLATION OF THE TRANSLATION ORDER
In the event of unilateral cancellation of the Translation Order by the Customer, compensation shall be payable by the Customer in an amount proportionate to the work already carried out, including prior terminology research. This basis for calculation refers to the pricing examples proposed by the CBTI, which can be obtained from the CBTI's head office. In addition, MediaTranslation is entitled to claim a compensation for breach of contract equal to 20% of the amount of the invoice or quotation.
6. SOURCE TEXT AND COPYRIGHT
The Customer guarantees to MediaTranslation that the translation of the text does not infringe any copyright of the author of the source text or any rights related to official certificates. The Customer indemnifies and hold MediaTranslation harmless against all claims in this respect.
7. TRANSLATION AND COPYRIGHT
MediaTranslation owns the copyright related to the translated text. The translated text may not be reproduced in any form, in whole or in part, by any means, including electronic, without the express prior written consent of MediaTranslation.
A. of MediaTranslation
MediaTranslation shall not be liable for any delay in the performance of the work due to illness, accident, temporary disability, or Force Majeure in general. However, MediaTranslation is obliged to inform the Customer within a reasonable time.
Similarly, MediaTranslation is not liable if the above-mentioned delay is due to a delivery delay due to third parties (courier services, post office, etc.) or to damage to the source text and/or the translation during transport.
MediaTranslation cannot be held responsible for the loss of the source text or the translation by third parties (post, courier services).
MediaTranslation is not responsible for any defects in the text transmitted by the Customer.
MediaTranslation is responsible for the quality of the translation, provided that it is used in its entirety and without modification, and for an amount corresponding to the invoice value of the translation in question.
B. of Customer
The Customer shall provide MediaTranslation with any information required for the proper execution of the services requested, before or during the execution of the contract.
MediaTranslation's invoices are payable exclusively in cash, net and without discount. Any transfer made within 5 working days of receipt of the invoice is considered as cash payment.
In the event of total or partial non-payment of the outstanding amount on the due date without valid reason, and if the notice served on the person concerned has remained without effect, the outstanding amount shall be increased by 11% per annum, with a minimum of EUR 50.00 and a maximum of EUR 1,500.00, also when deferment periods are granted.
The payment shall be made at the corporate office of MediaTranslation, rue des Cévennes 7, 1325 Chaumont-Gistoux, Belgium, or on the bank account which number is provided on related invoice.
10. COMPLAINTS: PERIOD AND REASONS
To be valid and accepted, complaints about the non-conformity of the translation/invoice shall be made by registered letter within eight days of the date of delivery of the translation/invoice concerned. A complaint shall not interrupt the payment period.
Complaints or objections regarding the non-conformity of the translation, made within the contractual deadline, must be substantiated in detail by reference to dictionaries, glossaries or equivalent texts written by native speakers.
The unjustified refusal of a translation shall not constitute grounds for non-payment of the invoice.
In the event of persistent disputes regarding the quality of the translation after the complaint has been examined by MediaTranslation, these shall be settled at the sole discretion of the arbitration committee of the Belgian Chamber of Translators and Interpreters (hereinafter referred to as "CBTI"), if one of the Parties involved is a member of this association. The arbitration committee shall rule exclusively on the conformity of the translation against the source text.
Any invoice not contested within eight days of receipt shall be deemed to be accepted.
In case of non-payment of the invoice of MediaTranslation, the competent court shall be the Court of Nivelles.
The agreement between MediaTranslation and the Customer is governed by Belgian law.
If no mutual agreement can be reached between MediaTranslation and the Customer, one or both Parties may file a complaint with the arbitration committee of the Belgian Chamber of Translators and Interpreters. However, at least one of the Parties must be a member of this association. In addition to arbitration, either Party may initiate proceedings before the court.
13. PROFESSIONAL CONFIDENTIALITY
MediaTranslation is bound by professional confidentiality and complies with the provisions of the GDPR. This includes the non-disclosure of the identity of the Customer, the content of the source text and the translation itself.
Every translator and interpreter is free to determine his or her own rates.
It should be noted, however, that the Minimum Rate may be increased in case of urgent, evening, weekend or night work or when the work requires special terminology research. In such cases, MediaTranslation shall explicitly mention the increase in the Order confirmation sent to the Customer.