Regulations and terms & conditions
- About Afetra
For the purpose of these General Terms and Conditions, ‘Afetra’ hereinafter refers to Traducembine SRL, a company incorporated under Romanian law with registered offices on 31-33 Emil Racovita street, Voluntari, Ilfov, Romania.
These General Terms and Conditions are applicable to all assignments for translation and/or related services, accepted by Afetra and the Customer unless otherwise agreed in writing or required by law.
- Acceptance of assignment
An assignment agreement is entered into when the Customer accepts the price estimate proposed by Afetra in respect of an assignment or the parties come to a specific agreement. To the extent that an assignment is initiated or implemented without a written contract or acknowledgement of order, the relevant parts of these General Terms and Conditions shall apply.
Afetra reserves the right to decline an assignment if Afetra considers the assignment to contain a criminal element or if the nature of the assignment in general is in breach of Afetra Ethical Policy or Code of Conduct. Afetra also reserves the right to decline an assignment if the Customer fails to satisfy Afetra credit policy.
- Implementation and basis of assignment
The work of Afetra is carried out with accuracy and care by competent personnel and in accordance with the assignment agreement entered into by both parties. Afetra abides by the Code of Good Practice appropriate to its line of work. Unless otherwise agreed by Afetra and the Customer, Afetra will employ the methods and standards pertinent to its work.
The Customer shall provide Afetra with the material required in order for Afetra to carry out the assignment in accordance with the assignment agreement whereupon Afetra shall notify the Customer if it is not in receipt of the full material required. If the necessary material is not received from the Customer, Afetra is entitled to an extension of delivery in addition to compensation for any expenditure incurred. If the absence of the material required renders it significantly more difficult for Afetra to carry out the assignment, Afetra has the right to terminate the assignment with immediate effect whereupon Afetra shall be entitled to compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
- Terms of delivery
Terms of delivery are agreed in association with each individual assignment contract.
- Delay in delivery
Should a delay in delivery from Afetra occur for reasons that do not involve the Customer and such delay is not accepted by the Customer, the Customer will be compensated for the delayed part of the delivery with up to 2 % per week or a maximum of 10 % of the total order value. If a delay in delivery entitles the Customer to the maximum amount of compensation, the Customer has the right to terminate the delayed part of the assignment. If the Customer decides to terminate the delayed part of an assignment, no additional compensation other than the compensation specified herein is payable.
If a delay in delivery from Afetra is considered significant given the volume and frequency of the assignment, the Customer is entitled to terminate the assignment with immediate effect and, if relevant, is liable to pay for the completed parts of the assignment with a deduction for the compensation specified herein. No other sanctions shall apply owing to a delay in delivery from Afetra.
- Liability for fault or defect
Afetra is liable for any fault or defect arising from the implementation of an assignment that is not of insignificant importance to the Customer unless the fault or defect is caused by a fault or defect in the original material submitted by the Customer or any other circumstances of the Customer. In the event of a fault or defect arising from the performance of Afetra, such fault or defect shall be corrected at the expense of Afetra.
If making a complaint about a delivery of material, the Customer shall file its complaint within fourteen (14) days from the date of delivery. Afetra reserves the right to request payment as per applicable pricelist for any amendment made as a result of a complaint filed subsequent to this period.
Confidential documents and files made available to Afetra in connection with an assignment are treated as strictly confidential and will not be disclosed to a third party without the approval of the Customer with the exception of Afetra’s members of staff or authorised advisers or consultants. Afetra shall ensure that all relevant members of staff, advisers and consultants have signed a Confidentiality Agreement with Afetra to the same effect. Confidential information does not include information that is or will be known to the general public or that in any other way (unrelated to the assignment) is received by Afetra.
Unless the Customer has requested in writing that Afetra use a specific alternative delivery mode, Afetra is not in breach of the confidentiality clause above if delivering the assignment to the Customer via the same delivery mode used by the Customer to supply the original and related material to Afetra.
- Ownership and right of use of end product
The end product of the assignment submitted to the Customer is the property of the Customer for unconditional use subject to Afetra having received full payment. However, Afetra is entitled to have free disposal and use of glossaries and translation memories created in conjunction with the assignment.
- Price etc.
- Price of assignment
The price is agreed on an individual assignment basis.
- Amendments and supplements
- a) If the Customer asks for an amendment to be made to the agreed schedule, Afetra is entitled to charge the Customer for the extra work involved with such amendment as per applicable pricelist.
- b) If the Customer wishes to make any other amendment to the assignment, Afetra is entitled to deduct a surcharge in addition to the agreed price. Such amendment includes the addition of supplementary conditions. The surcharge deduction is made in line with the applicable pricelist whereupon Afetra is required to update the relevant terms of delivery and price in line with the amendment made.
The Customer is entitled to terminate an assignment prior to delivery conditional on the Customer compensating Afetra for the work carried out prior to notice of termination in addition to the cost of terminating the assignment and loss of revenue.
- Travel time etc.
Any relevant compensation for travel time is specified in the price estimate or acknowledgement of order. A surcharge applies to travel time outside ordinary working hours unless such travel time is included in the agreed price.
In the event that compensation for travel time and subsistence allowance has not been agreed, Afetra will charge the actual cost of travel time and subsistence allowance.
- Value Added Tax
The price listed in the assignment contract or price estimate proposed by Afetra does not include value added tax except when it’s not applicable, under the law of avoiding double taxation.
- Terms of payment
Afetra will invoice the Customer upon completion of the assignment. All invoices are payable within ten (10) days from the date of invoice.
Due to the nature of the assignment or the customership, Afetra is entitled, if it so deems necessary, to request the issue of a monthly or advance invoice. In case of monthly invoicing, Afetra will charge for the work carried out throughout the month adding up to the total price of the assignment.
In case of advance invoicing, 50 % up to 100% of the agreed or estimated total price is invoiced at the time of accepting the order.
- Overdue payments
Afetra is entitled to terminate the assignment in the event of the Customer being in arrears with payments of significance importance to Afetra. Afetra is also entitled to claim compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
- Other terms and conditions
- Legal infringement
Afetra is liable to ensure that the services offered by Afetra do not infringe on the rights of another entity such as a patent, brand name or copyright subject to and in so far as the material submitted to Afetra forming the basis of the services offered by Afetra, do not infringe on the rights of another entity such as a patent, brand name or copyright. The Customer is liable to ensure that the material submitted to Afetra and subsequent handling of such material does not infringe on the intellectual property rights of another entity. The Customer shall indemnify Afetra for any claims made by a third party in connection with an assignment carried out by Afetra on behalf of the Customer.
- Limited liability
Aside from these General Terms and Conditions, the Customer cannot make a claim against Afetra in connection with an assignment. The Customer is not entitled to any compensation for loss of production, loss of revenue or any other indirect damage and on no account is Afetra liable for damage in connection with the payment of compensation to a third party. As regards delivery of an assignment by electronic means or data media (e.g. CD), Afetra shall not be held liable for any damage caused by a so-called computer virus or any other problem beyond the control of Afetra. Moreover, Afetra disclaims all liability in connection with a problem that occurs as a result of the Customer using the end product of the assignment or that is pertaining to the technical equipment or software used by the Customer or another entity. The liability of Afetra and its subcontractors is limited to an amount equal to the agreed total value of the assignment.
In order to be able to provide entitlement to compensation, any claim for damages shall be submitted to Afetra in writing as soon as possible after the damage has been discovered, and no later than six (6) months after completion of the assignment.
- Force majeure
Afetra shall not be held responsible for any loss caused if Afetra or its subcontractors are late in delivering an assignment due to unforeseen circumstances beyond the control of Afetra or its subcontractors, including but not limited to illness, fire, stroke of lightning, natural disaster, strike, boycott, industrial conflict, war, mobilisation or unexpected call-up for military service, exchange currency restrictions, insufficient or deficient power supply, telecommunications including network communications, insurrection and riots or any other comparable circumstance or unanticipated Government action.
- Governing law and court
The interpretation and application of these General Terms and Conditions shall be governed by Romanian law.
Any disputes relating to the validity, interpretation or application of these general terms and conditions shall be decided at a public court, with Ilfov District Court as the court of first instance.