General
contractual conditions for the supply of translation services
by
Puntolingua di Orlandi Costanza
Lg.mare Guglielmo Marconi, 202
57025 Piombino (LI) - Italia
www.puntolingua.it
info@puntolingua.it
Partita
IVA: IT 01380710499
Cod. fisc.: RLN CTN 68A42 G687R
1. Object
These conditions regulate the supply of translation services (hereinafter
referred to as 'service' or 'services') as offered by Puntolingua.
2. Services
- accepted format
Puntolingua supplies services to and from the Italian language.
Accepted formats; the texts to be translated may be sent
- by post
. by fax
- by e-mail or other electronic means.
Translation of elements that differ from the main text, such as
tables in Excel or of another nature, shall be the subject of
special estimates. Puntolingua does not accept Word files that
have macro content.
3. Applicable
tariffs.
The services will be accounted according to the tariffs shown
on the estimate.
4. Estimate
request and acceptance.
A client who intends to make use of the services offered by Puntolingua
shall send, by e-mail, post or fax, those texts for which an estimate
is requested. The accounting shall be made on the basis of the
language combination, the type and length of the text, the required
format, and the deadline for delivery. Whenever not otherwise
specified, the estimate shall be understood to mean delivery in
Word format (doc) within a reasonable number of days from the
commission, which shall depend on the length of the text, but
shall not in any case be less than two.
The client shall enter invoicing details onto, and sign for acceptance,
the estimate sent to him by Puntolingua by e-mail, or where expressly
requested by fax.
5. Order confirmation
and service payment.
Acceptance of the estimate shall be confirmed by the client by
e-mail, post or fax. The estimate is to be considered as accepted
in its entirety, in the exact terms contained within it. The invoice
shall be sent once the work has been delivered. Payment terms
are 30 days for companies. Private individuals are required to
pay in advance.
6. Estimate
validity.
Each estimate sent by Puntolingua is definitive and has one month's
validity.
7. Respect
of the terms of agreement
Puntolingua shall do whatever possible to respect the terms of
execution of the service communicated by the client on presentation
of the estimate. It shall in all cases inform the client with
all possible speed, by e-mail, fax or telephone, whenever the
service cannot be carried out within the terms indicated (for
example due to system breakdown or slowdown, temporary unavailability
of the translator, etcetera). In such cases Puntolingua shall
communicate to the client the new terms foreseen for completion
of the service.
It shall be understood that the terms for execution of the service
are not to be considered as essential, as laid down in art.1457
c.c. (Italian Civil
Code).
8. Tariffs
The tariffs applied are calculated on the basis of a standard
page of 1,500 keystrokes, that is to say characters including
spaces and punctuation. Whenever the document is equal to the
fraction of a standard page then the amount of the tariff shall
be decided in the following way:
a) from 1 to 750 keystrokes, ½ standard page
b) from 751 to 1500 keystrokes: one entire standard page .
9. Conditions
and means of payment
Payment shall be made exclusively by way of bank transfer, the
data for which transaction are carried on the invoice.
10. Translation
guarantee
The translation services are carried out by highly qualified translators
selected according to their specialisation and ability. Puntolingua
guarantees that the text shall be free from grammatical and orthographical
errors, over and above omissions or additions, and will be such
as to offer high fidelity in reproducing the text supplied by
the customer.
11. Corrections
of possible errors - reporting.
Puntolingua undertakes to correct any mistakes there may be in
the finished text free of charge, on the following conditions;
a) the only mistakes to be corrected will be grammatical and/or
orthographical, along with mistakes linked to an incorrect interpretation
and/or comprehension of the text. Any claims relating to the style
of translation and technical terminology will not be entertained,
unless such terminology had been supplied by the client at the
moment of requesting an estimate.
b) any mistakes must be communicated by the client to Puntolingua
by way of fax or e-mail within seven days from receipt of the
text. Such communication must indicate specifically and in detail
the type of mistake contained in the translation. In cases where
such immediate communication within the period detailed above
does not occur, then the text shall be considered accepted and
the client shall waive all rights relating to supposed defects
in the translation.
12. Limits
of responsibility
These general contractual conditions do not contain any implicit
guarantee. All guarantees given by Puntolingua shall be considered
as being limited exclusively to those declarations expressly made
as part of these contractual conditions. Puntolingua does not
guarantee that the translated text shall satisfy any specific
end that the client may have, and cannot therefore be held responsible
for whatever damages may arise for the client from use of the
translation. Puntolingua does not accept any responsibility in
cases of loss or damage to files due to system operations.
13 Right of
usage of the text and guarantees
The client declares and guarantees that he is the fully legitimate
proprietor of the right to use the texts and more generally of
all material delivered to Puntolingua, and beyond this, to have
the legitimate right to distribute and deliver to Puntolingua
such materials for the ends foreseen in these contractual conditions.
The client also declares and guarantees that the use of such materials
by Puntolingua for the execution of the contract does not violate
the rights of any third parties.
The client undertakes to keep entirely from damage and to hold
harmless Puntolingua, on request, from any third party action
relating to the use of the materials translated and used in execution
of the contract. It shall in any case be understood that the delivery
of material to Puntolingua for the execution of the contract cannot
in any way be seen as a cession of rights relating to the material
itself, which shall remain the exclusive property of the client.
The client guarantees that all the texts, and more generally the
materials, delivered to Puntolingua in execution of the contract
do not violate any legal provision. In all cases Puntolingua reserves
the right to refuse to translate any text that may appear to be
contrary to legal provision.
14. Confidentiality
and IT decree 196/03
Puntolingua shall do whatever possible, compatibly with the electronic
nature of the services, to maintain the fullest confidentiality
regarding the texts and personal data relating to the client,
given with the scope of the translation, and shall not reveal
to third parties, save to he translator in person, any information
whatsoever contained in or to be evinced from the texts themselves,
without prior consensus of the client.
It shall be understood, however, that the onus lies with the client
to take proper account of art. 10, law 675/96 and/or any more
recent information regarding protection of privacy whenever Puntolingua
proceeds to collect data and information by way of the Site.
15. Applicable
laws
This contract is governed by Italian law
16. Electronically
transmitted messages
The parties agree that messages transmitted electronically shall
constitute, in the absence of proof to the contrary, proof of
those facts and circumstances indicated within the messages themselves.