These General Terms and conditions of Sales are applicable to all work
carried out by Right Ink for its clients.
Every order placed with Right Ink implies unconditional and irrevocable
acceptance of these General Terms and Conditions of Sales by the client,
who acknowledges having read and accepted them. These Terms and Conditions
always take precedence over any other order or purchasing terms and conditions
of the client even if they have been transmitted to Right Ink before
these Terms and Conditions have been forwarded to the client and/or they
exclude application of these Terms and Conditions.
Orders must be placed in writing by sending a signed purchase order or
details of the order, by mail, fax or e-mail. Orders placed over the telephone
must be confirmed by a correctly drafted and signed purchase order, to be
sent to Right Ink within 48 hours of the order being placed. By placing
the order, the client accepts the tariffs and General Terms and Condition
of Sales of Right Ink.
In the case of cancellation of a translation order by the client, work already
carried out is invoiced at 100% and a compensation charge of 50% on any
remaining work to be carried out is also charged.
The pricing unit for translation and/or proof reading is the source language
word, the pricing unit for localisation is the source language word, the
pricing unit for linguistic revision is the source language word or the
hour, the pricing unit for structural checking is the source language word
or the hour, the pricing unit for copywriting is the hour, the pricing unit
for terminology management is the source language word or the hour, the
pricing desk top publishing is the hour, page or screen, the pricing unit
for project management is the hour, and the pricing unit publication is
a fixed fee unless specific agreements to the contrary have been agreed
beforehand.
You are advised that the minimum tariff may be increased in the case of
urgent, weekend or night work.
For all linguistic services, the terms and spelling stipulated in approved
dictionaries shall be considered correct by Right Ink. Nevertheless,
the client may communicate their preference in advance with regard to a
more precise spelling or choice of words.
Technical texts are to be accompanied for information by reference documents
provided by the client and/or illustrations or plans enabling better understanding
of them.
If a text contains specific internal abbreviations, the client shall be
asked to communicate their meaning. Right Ink accepts no responsibility
regarding faults in the text sent by the client.
All translations are carried out in professional confidentiality, which
means that Right Ink promises never to divulge the content of either
a document or price offer forming part of an order without the client's
agreement.
Under no circumstances can the company Right Ink be required or concerned
or be held morally or materially liable for any claims on the grounds of
nuances of style. In particular, as regards advertising, it is only a matter
of carrying out a translation and Right Ink cannot be obliged to produce
it in an advertising style different to that of the source text. The liability
of Right ink is limited to the amount of the invoice.
For DTP work, the client is obliged to provide Right Ink with all fonts and all graphic elements contained in the original and translated documents.
The delivery deadline agreed in writing with the client only begins once
Right Ink is in possession of the source text and definitive order.
If no delivery time is specified at the time of ordering, delivery will
be made at the latest before the client's office closes.
In the event of late delivery (delay to the pre-established time related
to a third party) and in the event that the delay is directly and exclusively
associated with Right Ink, a reimbursement shall be made to the client,
to be defined between the parties, up to a maximum 33% of the value of the
work which has been delivered late.
Translations shall be sent by fax, by e-mail, via a FTP site or, at the
express request of the client, delivered by hand. The costs of sending by
mail or courier shall be borne by the client.
Right Ink may not be held liable for delays in transmission by fax,
modem, email or other postal or terrestrial means, not under the direct
control of Right Ink.
Right Ink may only be held liable in the event of wilful misrepresentation.
Furthermore, any possible liability of Right Ink is in any event, notwithstanding
the preceding and subject to fraud, limited to the sums invoiced and paid
by the client, relating to the translation order in question.
Under no circumstances shall Right Ink be held liable for indirect
damage or loss relating to the client or third parties. This type of damage
or loss does not directly arise from a fault on the part of Right Ink.
The term indirect damage or loss includes but is not limited to, any loss
of profits, loss of savings, loss of clientele, loss of contracts, loss
of earnings, loss of time, loss of goodwill, loss of reputation, or loss
or damage of data, whether contractual, extra-contractual or other.
The client shall be deemed to act in the capacity of author of the text
to be translated expressly authorising the translation in accordance with
Article 12 of the Law of 22 March 1986 on copyright.
The invoices of Right Ink are payable in Euros, except if otherwise formally agreed.
Any collection or dispute charges are always the responsibility of the client and the acceptance of bills of exchange does not imply any novation in our right. In the event of non payment by the due date, and without the need to send formal notice, the amounts due are automatically increased by late interest at a rate of 12% a year and once the due date is passed, a fixed fee indemnity of 10% of the principle bill VAT included with however a minimum of 125 euros is also owed. The preceding clauses are applied without restriction in the event of granting deadline extensions. Right Ink reserves the right to pursue without waiting "bad payers" in its name and to demand compensation deriving from the copyright.
In the event of late payment, orders in progress are suspended
In the event of non-payment, any representation or reproduction, in part
or in whole of the aforementioned translation is prohibited
Objections relating to translations or invoices must be communicated at
the latest within 7 working days from the date of the invoice, by registered
letter with a copy by fax; by default, the translation and invoice will
be deemed to have been accepted.
In the event of dissatisfaction on the part of the client, i.e. in the event of a complaint made within the pre-established time limits, complaints or objections relating to the non-conformity of the translation, carried out within the contractual deadline, must be substantiated in detail by reference to dictionaries, glossaries or equivalent texts drawn up by native speakers, Right Ink shall nonetheless remain the sole judge of the pertinence of such objections. Under no circumstances can faults in a part of the translation bring into question the work as a whole. Right Ink reserves the right to make amendments. A complaint will not extend any payment deadline.
All disputes concerning the existence and/or the (non) execution of an
order are the concern of the exclusive competence of the Mons courts, including
the courts being in summary session.
Only Belgium law is applicable in these circumstances.