1 Preliminary provisions
1.1 The General Terms and Conditions apply to all services offered by the company Prolingus prevajanje, Maja Piškurič s.p., with its registered office at Hlebčeva ulica 4, SI-1231 Ljubljana, (hereinafter: Author) and to all legal and commercial relations between the Author and Client except where the Author and Client agree in writing on the use of different operating conditions. The General Terms and Conditions represent the cornerstone of all contracts entered into between the Author and the Client.
1.2 When ordering by email or phone, it shall be deemed that the Client has read these General Terms and Conditions and agrees with them in full.
2 Author, Client and services
2.1 The Author is the company Prolingus prevajanje, Maja Piškurič s.p., with its registered office at Hlebčeva ulica 4, SI-1231 Ljubljana.
2.2 The Client is a natural or legal person who commissions the services of the Author and to whom the Author offers the services defined in its activities.
2.3 The services comprise translating or proofreading services, which the Author performs for the Client.
3 Offers, orders, cancellation of orders
3.1 In order to produce informative offers, the Client shall deliver to the Author as much information regarding the type of service as possible (translation, proofreading, correction, DTP), the scope of the text or materials, the source and target languages, the desired deadline, contact information and other wishes and requirements.
3.2 Inquiries or price quotations from the Author are not binding and do not constitute a confirmed order, since an essential condition for the validity of contracts is a written confirmation of the order (an order sent by e-mail or an original order form dispatched by mail is considered to be a formal order) or pre-payment of services within the deadline and under the conditions defined in the order.
3.3 The contract between the Author and Client is concluded once the Author confirms the Client's order, i.e. by e-mail in writing.
3.4 Any changes to or cancellations of a translation order, either in part or in full, shall be accepted on the sole condition that the Client agrees to reimburse the costs already incurred by the order. Any translation work already done at the time of cancellation will be invoiced to the Client and will amount to the costs incurred.
4 Rights and obligations of the Author and Client
4.1 The Author undertakes to perform all ordered services qualitatively and to the best of its ability, knowledge and skill, in accordance with the Client's instructions and within the agreed deadline.
4.2 The deadline shall be determined upon receipt of the materials from the Client. The daily norm for a translator is 6 pages. The daily norm for a proofreader is 15-20 pages. Weekends, holidays, as well as the days the order is accepted and delivered, are not included in the daily norm.
4.3 All specified and agreed upon delivery times (dates, times) are only indicative in nature. The Author shall not be liable for late submission of translations due to force majeure (e.g. power failures, Internet network failures, other technical malfunctions or breakdowns, accidents, etc.), on which it had no influence and which did not arise due to its own fault. The Author is obliged to inform the Client of the inability to meet a deadline without delay. The Client is not entitled in these circumstances to refuse delivery of the translation, implementation of the services or rescind the contract.
4.4 The translation shall be delivered to the Client in a single copy by e-mail, in electronic format or in printed format. Unless otherwise agreed, the Author shall deliver the translated materials to the Client by e-mail.
4.5 The Client is obliged to send the source text in electronic form or in a format that can be edited. If this is not possible, the Author shall not be responsible for the loss of the original format of the text.
4.6 The Author guarantees the strictest protection of the official and business secrets of the Client with regard to delivered originals, oral explanations and written translations and may in no case disclose them to third parties or unauthorized persons. The Author may only forward such information to its subcontractors (translators, proofreaders), which the latter require for their work.
4.7 If the text that is the subject of the contract contains unusual terms, unknown abbreviations and acronyms, difficult to understand technical terms or already established terms that the Author must take into account, the Client undertakes to, at the Author's request, provide a contact person to whom the Author may turn for guidance, acquisition of a terminology glossary or additional literature otherwise the Author shall utilize reference materials available to it and translate the text based upon its own knowledge and discretion. If the Client fails to fulfil its obligations, all complaints regarding inappropriate use of terminology shall be rejected.
4.8 Any potential complaints are taken into account if they are conveyed in writing via registered mail or e-mail within 8 days of when the service in question was executed. For more comprehensive orders (orders comprising over 100 pages), the Client is entitled to a longer period of complaint, but only to a maximum of 30 days from the date the finished product was delivered. If the Client misses the statutory deadline for filing a complaint, the Author shall not take the complaint into consideration. Only one complaint is taken into account per individual order.
4.9 The written complaint must include information about the order, explicitly stated comments and corrections to the translation with explanation. When a rightful objection has been raised (in the judgment and opinions of the executor of the translation service and an independent translator or proofreader), an improved and supplemented text is delivered to the Client within an agreed upon deadline or a credit note is issued by agreement.
4.10 The complaint is unfounded in the event that the Client rejects recommended proofreading when placing an order for translation (as a rule, in cases of publicly published texts) and then files a complaint regarding the executed translation due to smaller stylistic or grammatical errors, which in these cases, are completely in the jurisdiction of the proofreader of the translation. If the translated text is published or expanded in any way and the Client uses such text without first informing the Author thereof or without informing the Author prior to the publication of the text and did not require proofreading and corrections, the Client shall not be entitled to compensation due to possible errors in the text.
The Author does not guarantee the quality of translations, which, at the express request of the Client, are carried out within inappropriately short deadlines.
4.11 Unless the Client has not expressly prohibited it, the Author is entitled to indicate the Client's name or logo in their references. The Author shall protect all data regarding the Client in accordance with the Personal Data Protection Act and the Consumer Protection Act.
5 Prices, discounts and payment terms
5.1 Services are charged in accordance with the valid price list of the Author on the date of conclusion of the contract or, in exceptional cases, in accordance with prices defined in a special written agreement with the Client.
5.2 The basic unit of payment is one translated page (a translated page equals 1500 characters without spaces, or 250 words). The minimum chargeable translation unit is one (1) page.
5.3 Translations are, as a rule, calculated based on the target language or according to an agreement made each time, according to the source language.
5.4 Prices should be considered purely illustrative and may differ depending on the level of difficulty and complexity of the document. We reserve the right to modify prices and tariffs at the time of receipt and evaluation of the text. For terminologically demanding texts and for urgent translations that require a shorter deadline, an additional fee on top of the regular price will be incurred for difficulty or urgency; this is agreed upon in advance with the Client. For texts on paper or in electronic form that do not enable OCR scanning or electronic copying of the text (poor quality photocopies, handwriting, scanned documents), we charge an additional fee of 10%.
5.5 The Author may grant permanent clients a regular discount in accordance with an agreement or long-term cooperation contract.
5.6 The Author may also grant a quantity discount for larger quantities or repetitive text, which will not automatically apply to future orders. Discounts are not cumulative and are recognized concurrently for each translation individually.
5.7 Legal persons shall settle services rendered on the basis of the issued invoice or in advance against a pro-forma invoice. The payment deadline is indicated on the invoice.
5.8 Natural persons shall settle services rendered prior to the start of implementation of the contract. Clients shall receive their texts immediately following payment or upon receipt of proof of payment.
5.9 The payment deadlines agreed upon shall be eight (8) days for shorter orders or fifteen (15) days or thirty (30) days following the invoice date (in principle this applies to public contracts or long-term business relationships). Payment shall be made to the Authors business account.
5.10 If there is any doubt regarding the solvency of a Client, large-scale orders, orders of foreign entities, first-time orders, and in other cases where the Author considers it necessary, the Author shall be entitled to require advance payment from the Client prior to commencing implementation of the contract. The Author reserves the right to charge statutory interest for late payments. If the Client fails to settle its obligations within 8 days following receipt of the reminder of their obligations, the Author may use all legal measures to recover the debt.
6 Copyrights
6.1 As long as the service is not fully settled, all translated files in accordance with applicable law on intellectual property shall be the property of the Author. After payment, all copyrights shall belong to the Client. The Author shall not in any way assume liability for violation of the substantive copyrights or moral rights of third parties. In the event of a payment default, any use, presentation, or partial or complete reproduction of the translation shall be deemed illegal.
7 Final Provisions
7.1 The text in these General Terms and Conditions shall be binding for the contracting parties.
7.2 The competent court in Ljubljana shall preside over any disputes over this contract that cannot be settled amicably.
Ljubljana, 7 October 2015