RIGHT-INK SPRL Avenue du Tir 73 – 7000 Mons (Belgium)
RPM Mons 0881.299.735
I. General Points
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. Where one party chooses not to apply these General Terms and Conditions of Sale, this does not mean that they will continue not to do so in the future.
Orders must be placed in writing by sending a signed purchase order or details of the order, by mail, fax, e-mail or via our website www.right-ink.com. 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.
All quotations sent to the client by email contain a link to a web page where the client can validate the purchase order. By placing the order, and validating the quotation, the client accepts without reservation 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
Any changes to the order at the request of the client will be subject to additional invoicing at the current tariff. Any changes to the order should be made using the same means through which the order was placed.
III. Information exchange platform
Right-Ink provides its clients with an online information exchange platform called MyRITO (https://myrito.right-ink.com/projects).
This platform provides access to files and information for the client’s translation projects and can also be used to submit quotation requests. All client access to the platform is via a secure, individual “HTTPS” connection (login and password).
The client assumes all liability for any use that is made of this platform. The client certifies that all of the information sent via this channel is accurate and holds RIGHT-INK free from liability for any proceedings instigated by a third party.
IV. Pricing structure
- The pricing unit for translation and/or proofreading 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 unit for desktop publishing is the hour, page or screen.
- The pricing unit for dubbing is a fixed fee, unless specific agreements to the contrary have been agreed beforehand.
- The pricing unit for transcribing audio and video scripts is the source language word or hour.
- The pricing unit for the subtitling of videos is the hour.
- The pricing unit for project management is the hour.
- The pricing unit for publication is a fixed fee, unless specific arrangements to the contrary have been agreed beforehand.
In all cases a minimum tariff is applied, irrespective of the quantity of words or the volume of the translation. You are advised that all tariffs as well as the minimum tariff may be increased in the case of urgent, weekend or night work.
V. Linguistic Services
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.
VI. Desktop Publishing (DTP)
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.
VII. Delivery Deadlines
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 usual office closing time.
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 an FTP site, via the MyRITO platform, by post 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.
IX. Intellectual property
The client formally declares that he is the sole owner of all material sent to RIGHT INK for translation. He declares that he possesses the copyright and all other intellectual property rights, or authorisation from the holders of these rights, to have the texts and documents concerned translated.
The client shall hold RIGHT-INK free from liability for any claims made by third parties in relation to this intellectual property and shall indemnify RIGHT-INK for all costs and expenses that RIGH-INK may incur in dealing with third party claims, including legal costs and professional fees etc.
The client declares that he recognises and guarantees RIGHT-INK the copyrights for the translation produced at the client’s request. These copyrights for the translation shall be transferred to the client (subject, on the part of the client, to having obtained, where necessary, the agreement of the author) provided that the client has paid any invoice owed to RIGHT-INK for the translation of the document concerned as well as for any translation previously entrusted to RIGHT INK. Where payment has not been received, RIGHT-INK may prohibit the client, or any third parties, from using the translated documents.
The Client recognises that all of the elements of any kind that are contained in the RIGHT-INK website, including the structure of the website and its graphic design, are the property of RIGHT-INK and are protected by intellectual property law. RIGHT-INK grants the Client a mere non exclusive usage right for the website in accordance with the purpose of the site. Any other use of the website constitutes infringement and shall be sanctioned by the Intellectual Property Code, unless RIGHT-INK has given its express, prior authorisation to such use.
X. Limitation of Liability
Right Ink may only be held liable in the event of wilful misrepresentation or gross misconduct.
Furthermore, any possible liability of Right Ink and indemnity owed to the client in this respect, in any event, notwithstanding the preceding and subject to fraud, shall be 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.
RIGHT-INK may never be held liable in the event of:
- Malfunction of the online order system for any reason that is not attributable to Right-Ink: electrical fault on the part of the Internet service provider of the client or of Right-Ink, IT bug, virus … (this list is not exhaustive).
- Temporary interruption of the RIGHT-INK website. The site may be modified or updated and access to the site interrupted, suspended or stopped at any time without prior notification. It is therefore specified in particular that any maintenance work carried out on the website may disrupt access to and/or the functioning of the website. In any event, the Client acknowledges that it has been made aware of the technical uncertainties inherent in the Internet and the interrupted access that may result from this work. RIGHT-INK may not be held liable for any unavailability or slowdown of the website.
- Any event beyond its control which prevents or delays the delivery of the translations, liable by contract as an instance of force majeure. Any default by a translator that RIGHT-INK is using shall be considered considered as force majeure. In this case, RIGHT-INK shall ensure that the defaulting translator is replaced by another translator and shall ensure delivery of the translation to the client as soon as possible.
- Translation of a text whose content may be be offensive to sensitivities, culture, religion (this list is not exhaustive) or which may be considered as libel or defamation. The client is solely responsible for the content of the material involved in any translation and shall hold RIGHT-INK harmless from any proceedings instigated by third parties in relation to the translated content.
- Any loss of data by the client, where such loss is not due to gross misconduct on the part of RIGHT-INK.
The client alone shall be responsible for the content of the documents and files sent to RIGHT-INK for translation.
Without having to justify his position or owing the client any damages, RIGHT-INK may refuse to translate content which is, in the opinion of RIGHT-INK, contrary to public order or morality or likely to:
- offend the sensitivity of minors;
- infringe in any manner the reputation, privacy or image of others;
- be considered derogatory, defamatory, or to infringe the reputation of a brand or of a physical person or legal entity, in any way;
- be pornographic or paedophilic in nature;
- infringe the security or integrity of any State or a territory;
- enable third parties to obtain pirated software, software serial numbers or any software which could harm or infringe, in any way, the rights or property of others;
- infringe the intellectual property rights of any person;
- incite hatred, violence, suicide, racism, anti-semitism, xenophobia, homophobia, glorify war crimes or other crimes against humanity;
- incite the committing of a crime, offence or an act of terrorism;
- incite discrimination against a person or a group of people owing to their belonging to an ethnicity, religion, race or owing to their sexual orientation or handicap;
- recommend a fraudulent or suspicious practice.
Exclusively where the client can be considered as a “consumer” in the sense of the Belgian Code of Economic Law or any other Belgian legislation (physical person residing in Belgium and acting for strictly private and non-professional purposes), the client benefits from the right to withdrawal: within 14 days of any order made remotely, the consumer is entitled to withdraw by notifying RIGHT INK, by registered letter sent by post, unambiguously, of his desire to withdraw and cancel his order.
This right to withdrawal ceases to exist if the client has expressly requested that RIGHT INK carry out a translation prior to the expiration date of the withdrawal period.
Where the client can be considered as a consumer, and in the event of the order being cancelled owing to a fault on the part of RIGHT-INK, the client may claim an indemnity of 10% of the amount which would have been owed by the client if the translation ordered had been carried out.
XII. Personal Data – Privacy Protection
The Client is informed that, pursuant to the Law of 8 December 1992 (Privacy Law), the collection and processing of personal data relating to the Client is required to create an account as well as for the processing and tracking of his order, the after-sales service for Translation Services that have been ordered, marketing and client relationship management of his User Account.
RIGHT-INK is responsible for and the recipient of the processing of personal data. RIGHT-INK undertakes to use the personal data exclusively for the purposes specified in the previous paragraph and not to communicate this data to any third parties.
Pursuant to the Law, the Client has the right to access, correct or oppose the processing of any data relating to him. The Client may exercise his rights by registered letter sent to: RIGHT INK SPRL, rue des Archers 4 à B-7000 Mons (Belgium)
The Client alone is responsible for the obligations that may be incumbent upon him as owing to the processing of any personal data that he carries out as part of the resale or use of the translations purchased from RIGHT-INK. RIGHT-INK shall never be held liable in this respect.
XIII. Payments / Disputes
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.
Where payment has not been received by the due date, any amount owed to RIGHT-INK shall be, ipso jure and without formal notification, increased by late payment interest at a rate of 1% (one percent) per month, each month commenced being considered as expired, in addition to a fixed and irreducible indemnity corresponding to 10% of the amounts owed, of a minimum of €150 per unpaid invoice. All this without prejudice to RIGHT INK ‘s right to claim compensation covering the full amount of the loss if this is greater, including for infringement of RIGHT INK’s copyrights.
In the event of late payment, orders in progress may be suspended. The client shall be responsible for paying for any translations carried out up until the time of the suspension.
In the event of non-payment, any representation or reproduction, in part or in whole of the aforementioned translation is prohibited, under penalty of violation of RIGHT-INK’s copyrights.
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.
XIV. Jurisdiction and Applicable Law
All relations between RIGHT-INK and its clients are subject to Belgian law.
Only the French text of these General Terms and Conditions shall be legally binding. Where this text contradicts any translated version in another language, only the French text shall provide proof of the parties’ wishes.
All disputes concerning the existence and/or the (non) execution of an order are the concern of the exclusive competence of the Mons division of the Hainaut courts, including the courts being in summary session.
Only Belgium law is applicable in these circumstances.