1. Scope of Application
1.1 Unless otherwise specifically agreed in writing, these Terms and Conditions shall apply to all agreements entered into by the Translator and the Client concerning translation services, including any other services and additional services provided.
2. Offer and Acceptance
2.1 When requesting the Translator to prepare an offer, the Client shall supply a finalised text for translation and specify the purpose and the target group, for which it is intended.
2.2 When requesting the Translator to prepare an offer, the Client shall also provide all such information, as may be of importance to the completion of the translation work, including (a) specification of the delivery format (electronic, printed, diskette, etc.) and (b) information concerning particular security requirements in terms of storage of source text and translation.
2.3 Where the Client requires the Translator to use software programs other than those normally used in the translation business, the Client shall make such programs available of the Translator for the duration of the translation work.
2.4 The Translator will then submit a quotation based on his/her reading of the complete text. The quotation shall include the first proof.
2.5 The Translator’s offer shall apply for a period of 30 days from the date of mailing. After this date, the offer shall not be binding on the Translator. The Translator shall consider the offer to be accepted upon receipt of the Client’s written acceptance.
2.6 The transaction shall be governed by the agreement entered into by the parties and by the Translator’s General Terms and Conditions. Any subsequent alterations, including additions and additional agreements, shall be subject to the Translator’s express written acceptance.
3.1 Unless otherwise agreed, the Translator’s fee shall be based on the translated text. Wherever possible, the Translator will make an electronic count of the number of words, lines etc. using a recognised software program. Work outside normal working hours (9 a.m. to 5 p.m.) shall be subject to an extra charge of up to 100 per cent.
4.1 Unless otherwise agreed, the Translator’s fee shall be payable in cash against delivery of the translated text to the Client.
4.2 Failure by the Client to make punctual payment shall entitle the Translator, upon written demand, to charge one (1) per cent interest per month or fraction thereof from the due date and until payment is made .
5.1 The Translator shall retain the copyright to the translation in accordance with the provisions of the Danish Copyright Act. The translation may be used exclusively for the purpose(s) and to the extent agreed, unless the parties have specifically agreed otherwise. Any other use shall require a separate agreement.
5.2 Major publications shall state the Translator’s name according to good practice as provided by section 3(1) of the Danish Copyright Act.
5.3 If the translation is published in a book, periodical, brochure or manual, the Translator’s name shall appear on the title page or in the colophon, unless otherwise agreed.
5.4 The Client shall not be entitled to make amendments in or additions to the translation without the Translator’s prior acceptance, cf. section 3(2) of the Danish Copyright Act. This provision shall also apply to headlines and captions for photographs or illustrations.
6.1 The Translator shall maintain confidentiality regarding all matters that may come to his/her knowledge in the course of the assignment, unless such information is generally available to the public.
6.2 The duty of confidentiality shall not apply where the Translator is required by law to disclose confidential information.
7. Client Duties
7.1 The Client shall, to the extent possible, provide the Translator with all such additional material, as may be necessary for performing the assignment.
7.2 In order to facilitate the translation, the Client shall provide the Translator with the name(s) of one or more persons whom the Translator may contact for queries regarding the wording and/or contents of the text.
8.1 A cancellation fee of at least 25 per cent of the agreed price shall become payable if the Client cancels a translation before the Translator has started the assignment. If the Translator has started working on the translation, the Translator shall also be paid, as a minimum, the fee for the translation work performed prior to cancellation or for hours spent on preliminary work. Any translation work performed up to the point of cancellation will be delivered to the Client “as is” without any liability on the part of the Translator.
9. Translator’s Liability for Errors and Omissions
9.1 Any errors or omissions discovered in the translation must be reported to the Translator immediately upon discovery and not later than five years from delivery of the translation to the Client.
9.2 The Translator’s liability for errors and omissions shall terminate definitively five years from delivery of the translation to the Client.
9.3 Liability shall under no circumstances exceed the maximum amount of the Translator’s professional liability insurance coverage or include claims for damages that are not covered by such liability insurance.
10. Force Majeure
10.1 If the Translator is unable to perform his/her duties due to circumstances beyond the Translator’s control, such as industrial disputes, operational problems, fire, water damage or other similar force majeure events, the Translator’s duties shall be suspended for the duration of such circumstances.
10.2 The Translator shall inform the Client without delay of any such circumstances and provide an estimate of their duration.
10.3 The Translator shall not be liable for any damages resulting from delay.
11. Venue and Governing Law
11.1 Any dispute arising directly or indirectly out of the agreement entered into by the parties shall come under the jurisdiction of the Danish court system.
11.2 These Terms and Conditions and the legal relations between the Translator and the Client shall be governed by Danish law.
12. Partial Invalidity
12.1 Should one or more provisions of these Terms and Conditions or of any other agreement entered into by the Translator and the Client become invalid, the remaining provisions shall remain in full force and effect. The parties shall be obliged to substitute any such invalid provision with a legally valid provision, which most closely approximates the financial intents of the invalid provision.