General Terms and Conditions of Contract for CONNECT TRANSLATION SERVICES S.L.
The following provisions are binding and exclusive between CONNECT TRANSLATION SERVICES S.L. (hereinafter referred to as “the agency”) and the contracting party throughout the entire business relationship and serve to define and establish the requirements related to the provision of translation services. The invalidity or nullity of any provision shall not affect the validity of the remaining provisions.
Any additional commercial conditions of the contracting party are binding on the agency only if explicitly accepted in writing.
1. Contract Signing and Execution
All orders for assignments must be submitted to the Project Manager designated by the agency (individuals, internet servers) and electronically (email, web download). Other methods of transmission do not establish any obligation for the agency unless confirmed in writing. Please refer to the homepage for accepted file formats. File formats not listed will be processed by the agency upon consultation and may incur additional charges.
All assignments must specify the purpose of the assignment, including the exact technical area, target language, intended use, and any significant aspects to be considered in the execution of the work. The contracting party must clearly and explicitly indicate any modifications, confirmations, and/or repetitions, in which case the agency will review the quote to incorporate the additional particulars provided by the contracting party. Assignments must be sent exclusively to the email addresses email@example.com or firstname.lastname@example.org. Instructions given by the contracting party are not binding on the agency; the decisive factor is the practical nature of a text (in relation to its subject area, text format to be translated, text length, level of difficulty, etc.).
If the contracting party fails to duly inform the Agency, in a timely manner, of significant issues and aspects in the execution of the assignment, and if the work does not conform to the intended purpose of the contracting party, the contracting party shall be obliged to pay the full price and shall have no right to claim any compensation from the Agency.
At the time of placing the order by email, the contracting party will provide the agency with contacts available during the assignment execution period who are familiar with the subject matter of the contract and legally authorized to make legally binding decisions regarding the assignment.
The contracting party must provide the agency with all information necessary for the correct execution of the assignment, as well as any technical information required for understanding the text and, if necessary, specific terminology. In case of delay in submitting the complete texts subject to the assignment, the Agency shall not be responsible for any discrepancies or failure to meet deadlines.
The contracting party’s order will take effect and become binding when the agency confirms in writing the acceptance of the translation (for the purposes of this contract, email communications are considered equivalent to written form). Ancillary agreements agreed upon orally by the parties have no effect unless confirmed in writing. The agency reserves the right to correct errors in its offers, invoices, and communications at any time, such as typographical or calculation errors, as well as the results derived from such errors.
All offers, promotions, and prices of the agency are subject to confirmation without obligation unless expressly stated as binding in the offer acceptance.
The agency is expressly authorized to commission third parties and/or collaborators to perform parts or all of the contracted services, and may use technological tools deemed most suitable for the proper execution of the assignment, without the need to inform the contracting party. If it exercises this authority, it shall be responsible only for the careful selection and supervision of the persons commissioned by it. This duty of selection is deemed sufficient if the persons commissioned have been examined through a valid examination procedure.
The contractual relationship is between the contracting party and the agency, which is why contacts between the contracting party and third parties and/or collaborators of the Agency who have participated in the provision of the service may only take place with the prior written authorization of the agency. Claims against third-party contractors may be made by the contracting party.
Any modification or addition to documents made by the contracting party after the submission of the quote will invalidate the quote in any case and will be subject to the issuance and acceptance of a new and/or additional quote.
2. Rights of Use for Translations
The contracting party assures that they are the owner of the original document to be translated and of all intellectual property rights inherent to the document, or, if not, that they have obtained the necessary prior authorization from the owner to request the translation of the document, with all intellectual property and/or other usage rights necessary for its processing belonging to the contracting party. By placing the order, the contracting party transfers to the agency all rights required for translation to the necessary extent. If the translation infringes the rights of third parties, the contracting party releases the agency from all possible claims by third parties, including legal expenses, and the contracting party shall assume exclusively any damages and consequences arising from their negligence.
The agency guarantees confidentiality in accordance with the professional ethics of translators within the framework of the limitations set out in the Liability and Indemnification for Damages section and in accordance with applicable regulations. The contracting party shall also ensure strict confidentiality regarding all processes and/or circumstances of the agency of which they become aware during their business relationship.
The parties undertake not to disclose or allow access to third parties to details of their business relationships in any way. This particularly applies to the content of the documents to be translated, price agreements, fee structures, as well as execution procedures. Publication of such information is only permitted if required by a competent Court, Tribunal, or Administrative Authority to fulfil their legal obligations.
The agency shall not be liable in any case for interception or loss of information during data transmission, especially if transmitted over the Internet.
4. Conditions of Delivery
The estimated delivery deadlines set are not binding; therefore, delays will not entail penalties, although every effort will be made to meet them scrupulously. The deadline will begin to count from the moment the Agency confirms the order, provided that the contracting party has provided the Agency with all the technical details and additional data necessary for the execution of the order. Thus, there is an obligation regarding deadlines only when the parties have explicitly, electronically, and in writing agreed to a fixed delivery deadline. A delay due to causes not attributable to the Agency does not authorize the contracting party to terminate the contract. In the event that the order consists of more than one translation or a single very voluminous translation, the Agency is expressly authorized to deliver the completed work as it is executed.
The Agency shall not be liable for any claims or direct or indirect damage caused to the contracting party or third parties due to delays in delivery, especially due to force majeure cases, nor for possible delays due to electronic communication and/or other postal means.
Once the work has been delivered to the contracting party, they shall, in writing, report any objective defects within one week of receiving the translation. If no claims are made for defects, the translation will be considered in compliance with the contract, and no claims for translation errors can be asserted thereafter.
In case the contracting party reports any defects, both the contracting party and the Agency must establish a reasonable deadline for the Agency to rectify the mentioned defects without any additional cost.
In the event of continued dissatisfaction with the translation, if the Agency deems it appropriate, the original and the translation will be made available to an independent expert or a specialist selected by the Agency in the relevant field to analyse the work done by the Agency to resolve existing disputes. The cost of the independent expert or specialist will be shared equally between the parties.
5. Payment Conditions
The prices provided are based on the corresponding updated price and fee lists of the agency. The prices set for a translation contract are the prices mentioned in the order confirmation. All prices are net prices. Other expenses not related to the translation process will be specified separately on the invoice. The invoice amount shall be payable without discount within 30 calendar days after the invoice is issued.
If, at this time, the contracting party has not paid, they will be in default without the need for a payment reminder. The default interest rate is 8%, as established in Law 3/2004, of December 29, which establishes measures to combat late payment in commercial transactions or any subsequent law that replaces it. All expenses incurred by the Agency as a result of non-compliance for this reason or any other contractual breach shall be borne by the contracting party.
In case of payment delay, ongoing work may be suspended until full payment is received, without this constituting any breach by the Agency.
The translation remains the property of the Agency until payment for the entire executed work is received.
The Agency reserves the right to request the contracting party to provide funds as a guarantee for the contracted service, the percentage of which will be indicated in the estimate. In this case, the provision of the service will not commence until the receipt of this provision. The contracting party may not in any case allocate the provision of funds to the fulfilment of any of its obligations.
The only accepted method of payment is by bank transfer to the account number indicated on the invoice.
6. Liability and Compensation for Damages
The Agency undertakes to provide a translation work without defects (referred to as “convenient translation”) in accordance with the order confirmed by the Agency, unless a different standard has been agreed upon expressly and in writing. Insignificant errors, or subjective opinions, shall not be considered. The Agency assumes liability for all claims made by the contracting party only in cases of gross negligence or intent and in case of violation of essential contractual commitments. In no case shall the liability of the Agency exceed the amount reflected in the corresponding estimate.
The Agency explicitly excludes any liability for damages to third parties. The Agency also disclaims liability for errors due to low quality, especially illegible text, handwritten text, incomplete text, or delayed delivery of the model or parts thereof. No liability can be assumed for damages arising from any type of publication, including exposure, or multiple distribution. Even if the Agency has provided written authorization for publication or distribution purposes, or if they are included in the order confirmation, the contracting party assumes all subsequent use of the translations as their own risk.
The Agency shall not be liable for damages caused by force majeure. In such cases, both parties have the right to terminate the contract, in which case the contracting party shall reimburse the Agency for any expenses incurred and services rendered up to that point.
The Agency agrees to take appropriate precautions to prevent any unauthorized access by third parties to the information of the contracting parties held by the Agency and will periodically review its software and files for the presence of viruses. To do so, the Agency will analyse its computer equipment with antivirus software, among other measures. The Agency cannot provide any guarantee in cases where third parties manage to access such data, and all liability of the Agency in these cases, as well as for any damages caused to the contracting party or third parties, is excluded.
The contracting party, in turn, agrees to inspect the data received and sent to detect the presence of computer viruses and prevent infection and spread.
The risk of data transmission is assumed by the contracting party at the time of data transmission from the Agency to the contracting party. The Agency is not responsible for any interference in data transmission that is not attributable to the Agency itself.
Damages resulting from a third-party sending data without authorization with the sender’s information and/or using the contracting party’s name shall be borne by the contracting party. The contracting party agrees to keep their sender and access data confidential and to promptly notify the Agency of any potential acts of hacking by a third party.
In the event that the contracting party decides to cancel or terminate any of the aspects reflected in the points contained in the order before the Agency has completed the service in its entirety, the contracting party shall pay the portion corresponding to the expenses incurred to the Agency for planning and resource allocation. Cancellation shall be communicated in writing.
In the event that cancellation or termination occurs after the Agency has completed the order, the contracting party shall pay the full amount as agreed upon in the estimate.
8. Right of Withdrawal (only for consumers and users)
If the contracting party is a consumer, in accordance with Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and other applicable regulations, the contracting party may exercise their right of withdrawal within fourteen (14) natural days from the date of the Agency’s confirmation of the order requested.
The exercise of the right of withdrawal must be communicated by the contracting party to the Agency within the mentioned period by sending a clear statement of their decision to withdraw in writing to the following email address: email@example.com. For this purpose, the contracting party may use the following withdrawal form: “To the attention of CONNECT SERVICIOS DE TRADUCCION S.L.: I hereby inform you that I withdraw from the translation services contract concluded on [date]. Contracting party’s name: [Name]. Contracting party’s address: [Address]. Signature and Date: [Signature and Date].” The right of withdrawal must be exercised in the manner specified in these General Conditions and will not be considered exercised if this exercise method is not followed. Once the right of withdrawal has been exercised, the Agency will refund the corresponding portion of the Price that the contracting party has paid, proportionate to the services actually performed by the Agency, within a maximum period of fourteen (14) natural days from the date of receipt of the withdrawal communication, and the Translation Services Contract will be terminated, and the ordered services cancelled.
After fourteen (14) natural days have passed, the right of withdrawal is extinguished.
9. Modification of the General Conditions
The Agency reserves the right to modify these general contracting conditions at any time and without prior notice. However, the customer will always have access to an updated version through the Agency’s website. Any new version of the general contracting conditions will prevail over any previously written ones. The invalidity of any provision herein will not affect the validity of the remaining provisions.
If any part of these conditions is or becomes ineffective, this will not affect the effectiveness of the rest. The provision lacking validity will be replaced by another agreed upon by common consent that is most appropriate to achieve the intended economic purpose while taking into account the interests at hand.
The parties submit to the exclusive jurisdiction of the Courts of the city of Madrid (Spain), expressly waiving any other jurisdiction that may correspond.
These General Conditions and any disputes or litigation that may arise between the parties shall be governed, interpreted, and enforced in accordance with Spanish law, with all other regulations expressly excluded, including international ones.