Terms and conditions
These terms and conditions establish the terms and conditions for the cooperation between ML Translations (hereinafter the “Agency”) and another natural or juridical person (hereinafter the “Customer”), for the services provided by the Agency to the Customer. Hereafter, the Agency and the Customer will be referred to as the Parties.
Competence of the services provided
- The services provided by the Agency include: general translations, legal and sworn translations, technical and specialized translations, interpretations, proofreading services as well as any other services related to these.
- The competence of the services provided by the Agency and its terms and conditions are specified below.
- Before the Agency processes any order, the Parties must have come to an agreement on the quote, and the way to provide the service as the main object of the order must have been clarified. Furthermore, any necessary information to provide the service correctly must have been submitted.
- The service is provided by the Agency in accordance with the order placed by the Customer.
- The Customer accepts the Agency’s quote as follows:
3.1. By submitting to the Agency´s office by fax, electronic mail (scanned copy) or in person a signed copy of the quote;
3.2. By confirming the quote to the Agency by electronic mail.
- The Agency will start working on an order from the moment that the Customer receives the Agency´s confirmation of acceptance of the said order or, if so agreed, the advance payment, or the confirmation thereof.
- The Customer commits to collect the whole order and to pay the Agency the agreed price within the established deadline.
- The Customer may confirm the receipt of the whole order by:
2.1. In the case of translation, copywriting and proofreading services:
2.1.1. The Customer´s signature on any document to confirm that the service has been completed (an invoice, receipt, etc.),
2.1.2. Any document that confirms that the translation has been sent by ordinary mail or by courier services to the address specified by the Customer,
2.1.3. Any proof that an electronic mail including one or more attached files has been sent to the Customer or to the electronic mail address specified by the same.
2.2. In the case of interpreting services:
2.2.1. The Customer´s signature on any document to confirm that the service has been completed (an invoice, receipt, confirmation of delivery on the quote, etc.),
2.2.2. The Customer or an authorized person´s signature on the interpreter´s Job Log.
- The Agency services are to be paid after receipt of the invoice or receipt issued by the Agency.
- The Customer must acknowledge receipt of the quote within 10 days after its delivery by the Agency. The Customer is entitled to make any observations within a 10-day period after receiving the quote. If the Customer makes any observations, the Agency will take the adequate measures according to the Customer´s observations.
Service delivery time
The deadline for the delivery of the service is the date specified in the Quote and confirmed by the Agency.
Cancellation, exclusiveness and responsibility
- The Customer has the right to cancel the order after compensation is paid to the Agency: 1.1. When the order is for translation services or other services provided by the Agency, other than interpreting services:
1.1.1. The corresponding amount for the part of the service that has been completed at the time of the cancellation plus an additional amount for the expenses corresponding to the preparation process of the services agreed upon and that will be no less than 20% of the total order price as agreed between the Customer and the Agency.
1.1.2. 100% of the agreed quote in case of an urgent translation or any other type of urgent service.
1.2. When the order includes interpreting services:
1.2.1. 30% of the agreed quote when cancellation notice is received by the Agency less than 8 days before the interpreting services are due to start.
1.2.2. 50% of the agreed quote when cancellation notice is received by the Agency less than 4 days before the interpreting services are due to start.
1.2.3. 100% of the agreed quote when cancellation notice is received by the Agency less than 48 hours before the interpreting services are due to start.
- The Customer commits to report directly to the Agency about any decisions with regards to the completion of the order. The Customer will not come to any agreements with third parties with regards to the order and particularly with the translators or interpreters hired by the Agency.
- If the Customer fails to comply with provision 2 in this section, the Customer will pay the Agency an additional monetary compensation equivalent to 80% of the agreed quote.
Compliance, non-compliance or wrong compliance with the service
- The agreed service will be deemed as duly completed when:
1.1. It has been completed according to the adequate professional standards.
1.2. It has been delivered within the due deadline or within a marginal reasonable delay that does not affect in a significant manner the objective for which the Customer required the service.
- The agreed service will not be deemed as completed when:
2.1. It has not been completed according to the adequate professional standards.
2.2. It has not been delivered within the due deadline or within a marginal reasonable delay that does not affect in a significant manner the objective for which the Customer required the service.
- When the Customer proves that the service fails to meet any of the requirements in provision 2 in this section, the Agency will take the necessary measures to correct such failure within the deadline agreed with the Customer.
- Customers who require services under an urgent rate must be aware and accept that such services may require the use of multiple translators to meet the deadline and this may affect some of the consistency in terminology.
- When the Customer does not provide the Agency with its regular terminology, and accepts the terms and conditions of the order and the order Process, the Agency will not be held responsible for any terminology inconsistency between the Customer´s regular terminology and the terminology used in the translation by the Agency, which will be the most commonly used terminology for the corresponding sector.
- The Agency will not be held responsible for not revising and/or the possible errors in a particular text to be published when:
6.1. The Customer has not informed the Agency that the text was intended to be published.
6.2. The Customer does not include in their order a request for additional proofreading service specific for documents that are to be published.
- The Parties will not hold each other responsible for wrong compliance or non-compliance of their obligations in case of Event of Force Majeure. An Event of Force Majeure under these terms and conditions means strike, blockade, computer systems failure, power failure, terrorist attack, epidemics or infectious diseases that prevent the regular development of the activity by the Party affected by the Event of Force Majeure. The Party affected by the Event of Force Majeure should immediately give notice of this to the other Party and let the other Party know an estimated date to overcome the incident.
- The Customer should notify the Agency on any claim regarding the non-compliance or wrong compliance with the Service within a maximum period of 5 working days from the receipt of the Service. If the Customer fails to notify any non-compliance or wrong compliance, it will be considered that the Customer makes no objections to the Service and the same is accepted without any reservations.
- Notwithstanding the consumer´s rights according to the legislation in force, such rights as derived from the non-compliance or wrong compliance of the order will not be valid after the deadline specified in provision 1 in this section.
- Any claim by the Customer must be submitted in writing to the Agency by electronic mail, certified mail or in person. The Customer must not only describe the faults in the translation but also the circumstances, time and form they were detected. In case of interpreting services, notifications of faults must also include an audio or video recording to support them.
- The Agency will examine all claims in the shortest possible time, which, in any case, will be no longer than 5 working days from the moment the Agency receives the Customer´s claim as specified in provision 1.
- In case of disagreement between the Customer and the Agency with regards to the faults in the Service as above mentioned in this section, the Agency will have 15 working days to modify the text according to the client´s needs. If after this the client is not satisfied, the Parties agree to abide by the decision of an independent arbitration service (sworn translator). If any initial payment should be made to said sworn translator, it would be assumed by the client.Once the aforementioned sworn translator has performed his services, the losing party will assume the expenses of the sworn translation service.
Except for any material available to the general public (press, Internet publications, legal texts available to the general public, etc.), any document or information provided by the Customer as well as the contents of the meetings attended by interpreters will be considered as confidential and will not be revealed to third parties.
- These Terms and Conditions oblige the Customer from the date of request and execution of the Quote and such request and execution implies the acceptance of the said Terms and Conditions.
- In some particular cases and with the previous consent from the Customer, the Agency may apply to the rendering of a particular service, under different and/or additional terms and conditions to those herein specified. Such different and/or additional terms and conditions must be notified to the Customer in writing.
- The Agency holds the right to modify these Terms and Conditions at any time.
- All other matters that are not covered by these Terms and Conditions will be governed by the legislation in force
- Any dispute between the Parties will be resolved by the Courts of Majadahonda (Spain).
- These Terms and Conditions will be valid from 15th June 2020.