Oneliner’s general terms and conditions shall take precedence over those of the client and, unless otherwise clearly stipulated, the client waives his own general terms and conditions.
2.- Effectuation and Fulfilment of the Agreement
The agreement shall become binding after Oneliner has confirmed the order received from the client in writing.
Any changes to the order are only valid after written confirmation by Oneliner.
The minimum rate is 0.89 euros per line of 60 key strokes (characters + spaces) and 49.00 euros per hour.
After prior written notice to and approval by the client, Oneliner has the right to raise this minimum rate for urgent, evening, weekend or night work or when the order requires special terminological research or formatting.
If a delivery date is indicated, this is effective from the moment Oneliner has confirmed the order.
Stipulation of this date does not entail any rights to claim compensation in case of failure to meet this deadline, except for agreements with clients acquiring or using Oneliner’s products and services exclusively for non-professional purposes.
Oneliner is required to inform the client immediately in the event that the deadline cannot be met for any reason whatsoever.
Oneliner shall be considered to have fulfilled its delivery and performance obligations upon sending the translation to the client.
Oneliner shall not be held liable for the loss of the source text or the translation, even should a third party be responsible.
Oneliner shall be liable exclusively for damage ensuing directly and exclusively from a fault attributable to Oneliner, with the explicit exclusion of all other damage, such as operating loss, damage due to delay, loss of profits, consequential losses, etc.
The liability of Oneliner shall be limited to the damage and the amount for which it is insured.
Any ambiguity or vagueness in the text to be translated shall release Oneliner from any and all liability.
Should the client change the parameters of the project while in progress (moving up the deadline, providing the source files later than initially agreed, additions to the project etc.), Oneliner reserves the right to apply additional charges and/or extend the deadline in order to accommodate these new requirements.
Furthermore, should the client request additional services to be performed, such as subjective, client-specific language and/or layout adjustments, revision of the source files which might affect the completed translations etc., these individual services will be charged in addition to the above-mentioned costs.
Since translation is a subjective process through which different individuals may express the same meaning using different words, Oneliner cannot be held liable for such variations.
Unless briefed by the client, our translators have no prior knowledge of the client’s style preferences.
Additionally, the client may have ‘personal’ preferences as regards word choice, style, or based on a person’s familiarity with industry or company-specific terminology. Oneliner will do everything possible to use reference materials and glossaries. Nevertheless, it may still be the case that the client prefers to insert certain words or replace words. This may result in additional costs associated with the incorporation of different terms or language into the completed, final translation.
The client shall be deemed to act in the capacity of author regarding the text to be translated and explicitly authorizes Oneliner to translate it, in accordance with Article 1 of the Act of 30 June 1994 on copyright and neighbouring rights.
The client shall be obliged to indemnify Oneliner against third party claims arising from infringement of property rights, patent rights, copyrights or other intellectual rights.
Under penalty of non-admissibility, all complaints must be communicated in writing within eight (8) days from the moment of delivery of the translation. If, after examination of the complaint by Oneliner, no agreement can be reached with regard to the quality of the translation, either Oneliner or the client may have the translation examined by a third-party translator designated by mutual agreement – or, if no agreement can be reached, by a Court-appointed translator – who will only give his or her opinion on the conformity of the translation to the source text. The cost for this procedure shall be assumed by the party found to be in the wrong.
5.- Cancellation of the translation order
In case of the unilateral cancellation of the translation order by the client, the latter shall be required to compensate Oneliner for the translation work already performed and for any preliminary terminology work.
Furthermore, in such an event Oneliner may claim a cancellation fee for the breached contract equal to 20% of the invoice amount.In case of the unilateral cancellation of the translation order by Oneliner, it is only for agreements with clients acquiring or using Oneliner’s products and services exclusively for non-professional purposes that the same cancellation fee of 20% of the invoice amount shall be due by Oneliner to the client.
Oneliner is protected under copyright law for the translated text pursuant to the Act of 30 June 1994 on copyright and neighbouring rights.
As long as the invoice pertaining to the translated text has not been paid in full, the translation may not – either in its entirety or in part – be reproduced in any form or in any manner, not even electronically, without the explicit, prior written consent of Oneliner.
Oneliner’s invoices are payable in cash unless a due date is mentioned.
Any invoice that is not disputed within eight (8) days of receipt shall be considered as accepted.
If an invoice is not paid by the due date, the invoice amount shall be increased by a conventional interest on arrears of 9.5% annually and by a fixed compensation of 10% with a minimum of 50 euros, including legal fees.
8.- Professional confidentiality
The translation agency is bound by professional confidentiality. This includes the confidentiality of the client’s identity, the content of the source text and the translation itself.
This agreement shall be governed by Belgian law and, for all disputes arising from this agreement, only the courts competent for Oneliner’s place of residence – being the location where the agreement was executed – shall have territorial jurisdiction.