Article I – Introductory Provisions
1. These General Terms & Conditions are issued by Translata, spol. s r.o., having its registered office at Aupark Tower, Einsteinova 24, 851 01 Bratislava, Company ID No.: 35 927836, Tax ID No.: 2021980070, VAT ID No.: SK2021980070, incorporated in the Companies Register of Bratislava III City Court, Section: Sro, Insert No. 35437/B, e-mail: office@translata.sk, tel.: +421 2 3260 3131.
2. The General Terms & Conditions form an integral part of the contract between Translata as the Supplier and the Client.
3. The Client is a natural person having legal capacity or legal entity that orders from the Supplier translation, interpreting or other services related to the process of translation or interpreting.
Article II – Subject of the Contract
Under the contract, the Supplier undertakes to provide the Client with translation, interpreting or other services related to the process of translation or interpreting, and the Client agrees to pay the agreed price for such services.
Article III – Order, Concluding the Contract, and Supplying the Service
1. An order must specify the kind of service requested, the target language, the scope and price of the service, and the manner of supplying the service. An order may be submitted by the Client:
– in person directly at the Supplier’s registered office; or
– via e-mail to office@translata.sk.
2. The contract shall be deemed to have been concluded:
– once it is signed by the Client and the Supplier, usually at the Supplier’s registered office (written confirmation of an order); or
– in the case of a distance contract, upon the acceptance by the Supplier of an order via e-mail, provided the parties have agreed on electronic communication, in which case the contract shall be deemed to have been concluded upon the receipt by the Client of the Supplier’s e-mail confirming the acceptance of the order.
3. The Supplier is obliged to supply the service to the Client by such date as specified in the order. The Client agrees to extend the delivery date if the service cannot be supplied by the agreed date, provided the Client has been forthwith informed accordingly and a new delivery date has been notified to it. Unless the service is provided even within an additional reasonable period, the Client may rescind the contract. If, upon the conclusion of the contract, the Client explicitly informs the Supplier that it wants the service to be supplied only in a timely manner, the Client may rescind the Contract without granting an additional reasonable period for supplying the service. In the event of rescission, the funds already paid by the Client shall be refunded to the bank account specified by the Client within 14 days at the latest. The delivery time does not take into account the service delivery time (delivery by post or courier).
4. A translation will be supplied in such manner as specified in the order, namely: (i) the Client receives the translation in person at the Supplier’s registered office, in which case the receipt thereof shall be acknowledged by its signature; or (ii) the translation is sent to the Client by e-mail, in which case the Client shall acknowledge receipt of the translation electronically immediately after the service is provided; or (iii) the translation is sent within Slovakia by courier within Bratislava for a charge of EUR 10.00, or by registered mail using the services of Slovenská pošta, a.s., for a charge of EUR 4.50, or on a COD (cash on delivery) basis for a charge of EUR 6.00, and abroad for a charge of EUR 11.00. Except where the consignment is delivered on a cash on delivery basis, the delivery costs are payable beforehand, in any event not later than the payment of the service price falls due.
The undertaking to supply the service shall be deemed to have been fulfilled even if the Client fails or refuses to take delivery of the consignment duly sent. If the Client fails to take delivery of the consignment and such consignment is returned back to the Supplier, the Supplier may demand that the Client reimburse the costs related to the return of the consignment (postal charges related to the sending of the consignment back to the Supplier). Re-delivery of the consignment is subject to the parties’ mutual agreement.
The Supplier shall not be liable for the delayed delivery of the consignment, provided such delay is caused by the carrier (Slovenská pošta, a.s., courier) or due to the consignee’s address being stated incorrectly.
Where an interpreting service is to be provided (usually outside the Supplier’s registered office), the Client shall acknowledge receipt of such service by e-mail immediately after the service is provided. If, despite there being no demonstrably serious reason, the Client refuses or fails to acknowledge receipt of the service within 24 hours after it being provided, the service shall be deemed to have been duly supplied.
5. The translation supplied by the Supplier will be accompanied by a tax document (invoice).
Article IV – Rights and Obligations of the Parties
1. The Client (natural person – consumer) acknowledges that the contract for the provision of translation or interpreting services concluded as a distance contract is a contract for services, the provision of which usually starts immediately after the conclusion of the contract, i.e. before the expiry of the period for withdrawal from the contract. In view of the above, the Client (natural person – consumer) grants its explicit and irrevocable consent to commence the provision of services before the expiry of the withdrawal period and confirms that it has been instructed that by granting consent to commence the provision of service before the expiry of the period for withdrawal from the contract, it loses the right to withdraw from the contract after the full provision of the service within the meaning of provisions of Article 17 (10) (a), paragraph 1 of Act No. 108/2024 Coll. on the Consumer Protection and on amendments to and supplementations of certain acts as amended.
2. If the source text subject to the order is of poor quality, the Supplier is obliged to advise the Client accordingly, in which case the Supplier may cancel or suspend the translation work unless or until such source material is replaced or rectified. The Supplier shall not be liable for errors in a translation that are caused by an inappropriate or erroneous source material or by the Client’s incorrect instructions, provided that the Supplier advised the Client in advance accordingly and the Client insisted on the use of such material or adherence to such instructions, despite the Supplier’s reservations.
3.The Client undertakes to furnish the Supplier with all the necessary information for making a translation if the latter so requests or shall designate a contact person with whom the Supplier may communicate in respect of the translation. If the Client requests that a translation be made using references, it is obliged to furnish such references.
4. If a translation is the service to be provided, when placing an order, the Client shall confirm to the Supplier the type of a translation the Client is interested in as follows:
– a technical translation: not subject to proofreading, and therefore not suitable for publication;
– a localized translation: subject to proofreading by a native speaker of the target language, and is suitable for publication;
– a creative translation: subject to proofreading and is suitable for publication.
The Client acknowledges that if the Client orders translation of a text without it being proofread, then such translation is not suitable for publication and is intended for internal purposes.
5. The Supplier shall not be liable for loss or damage due to errors in a translated or otherwise edited text, unless the Client orders translation with proofreading.
6. The Client acknowledges that it may request an interpreter to provide only the interpreting process-related services specified in the order, while any other services beyond the order (e.g. a written translation, minutes of a meeting, etc.) are not included in the price, and may only be provided based on a separate order.
7. The Client is allowed to make audio or audio-visual recordings of the interpreting only based on the Supplier ̓s written consent. In the case of such requirement, the Supplier is authorized to charge the Client the fee from 30% to 100% of the price of interpreting according to the requirement type. If producing an audio/audio-visual recording of interpreting without the Supplier ̓s consent, the Supplier may claim from the Client a contractual penalty of 100% of the price of the ordered services, such penalty being at any time no less than EUR 1,000.00.
8. Unless individually agreed otherwise, the Supplier provides for transport, accommodation and meals for an interpreter during the interpreting assignment at the Client ̓s expense.
9. The Client undertakes not to contact any subcontractor (translator, interpreter, etc.) who has provided translation and interpreting services to the Client on the basis of a contractual relationship between the Client and the Supplier, except with the Supplier’s prior consent.
10. The Supplier shall not be liable for any copyright infringements.
Article V – Order Cancellation and Contract Rescission
1. An order may be cancelled by the Client at any time prior to its acceptance by the Supplier pursuant to Article III paragraph 2 hereof.
2. After the conclusion of the contact, a contract for the provision of translation services and translation process-related services may not be withdrawn from by the Client (legal entity). The Client (natural person – consumer) has not the right to withdraw from the contract for the provision of translation and interpreting services and translation process-related services if the full provision of the service took place prior to the expiry of the period for withdrawal from the contact in accordance with provisions of Art. 19 (1) a) of Act No. 108/2044 Coll. on the Consumer Protection and on amendments to and supplementations of certain acts as amended. If the contract has been concluded as a distance contract and the full provision of the service has not taken place yet, the Client (natural person – consumer) has the right to withdraw from the contract only within the period for withdrawal (14 days from the day of the contract conclusion), but it is obliged to pay the Supplier the price of the actually provided performance until the day of the Client ̓s delivery of the notice of withdrawal from the contract (i.e. the cost of translation made by the time of withdrawal).
3. A contract for the provision of interpreting services and interpreting process-related services may not be rescinded by the Client (legal entity). A contract for the provision of interpreting services and interpreting process-related services may not be rescinded by the Client (natural person – consumer) if the contract has been concluded (i) in writing or (ii) as a distance contract, if the service was provided before the expiry of the contract withdrawal period in accordance with Art. 17 (10) (a), paragraph 1, in conjunction with Article 19 (1) a) of Act No. 108/2044 Coll. on the Consumer Protection and on amendments to and supplementations of certain acts as amended, i.e. if an interpreter and interpreting equipment were contractually booked, or if the interpreter ̓s transport costs were incurred before the expiry of the withdrawal period. In such case, the cancellation of the contract is only possible based on a special agreement with the Supplier, whereby:
– the Client is obliged to reimburse the Supplier for 100% of the verifiable costs incurred in connection with the provision of transport of the interpreter and equipment in the event that a binding order has been placed or the price of transport has been paid (in particular air ticket, train or bus ticket, including return travel);
– The Client is obliged to pay the Supplier a cancellation fee for the cancellation of the contract up to:
• 30% of the value of the contract in the case of cancellation of the contract more than 30 days before the agreed date of provision of the service or the first day of performance if the performance was supposed to be provided several days;
• 50% of the value of the contract in the case of cancellation of the contract within 15 to 30 days before the agreed date of provision of the service or the first day of performance if the performance was supposed to be provided several days;
• 100% of the value of the contract in the case of cancellation of the contract within less than 15 days before the date of provision of the service or the first day of performance if the performance was supposed to be provided several days.
4. The Supplier reserves the right to rescind the contract for the provision of translation services and translation process-related services if the source material contains information that is offensive, obscene or inconsistent with legal regulations. If the Supplier becomes aware of such information only after the translation has been assigned to the commissioned translator and the commissioned translator has already commenced the translation, the Supplier may claim payment of the price for the translation done prior to the rescission of the contract, such price being charged for each commenced standard page of the translation, and set off such claim against the Client’s claim for refund of the translation price already paid.
5. The Supplier reserves the right to suspend the provision of the service if the language combination of the translation/interpreting assignment is unavailable or if the order proves to be particularly demanding (in particular due to rather demanding or complicated terminology, an unusual language combination, or a need for an intermediate stage in the process of translation, etc.), as a consequence of which it will be necessary to extend the service delivery date and/or adjust the service price, until an agreement is reached between the Supplier and the Client. The Supplier shall promptly inform the Client accordingly, and if the provision of the service is impossible or the parties fail to agree on a new service delivery date and/or service price, either party may rescind the contract.
6. The Client (natural person – consumer) is authorized to withdraw from the contract only under the conditions stated herein, in paper form by mail to Translata, spol. s r.o., Aupark Tower, Einsteinova 24, 851 01 Bratislava or by electronic mail (e-mail) to office@translata.sk or by means of the withdrawal form published on our website. The withdrawal period shall be deemed to have been complied with if the notice of withdrawal is sent to the Supplier no later than on the last day of the withdrawal period. The Supplier is obliged to send the Client an e-mail confirming receipt of the withdrawal if the Client (natural person – consumer) has chosen to withdraw from the contract by e-mail or by means of the form.
7. The Supplier shall refund to the Client (natural person – consumer) all payments received from the Client in connection with the distance contract, including delivery costs (postage/courier) without undue delay following the withdrawal, at the latest within 14 days, to the designated bank account. However, the Supplier shall not be obliged to reimburse the Client (natural person – consumer) for additional costs if the Client (natural person – consumer) has expressly chosen a delivery method other than the cheapest normal delivery method offered by the Supplier.
Article VI – Price and Invoicing
1. The prices of the services supplied are determined based on the Services Price List being in force at the time of concluding the contract or based on a special price calculation. The price does not include delivery costs. The price always includes VAT and is set in Euro.
2. The service price is due and payable on the service delivery date at the latest, unless agreed otherwise. The Supplier may demand that the Client make an advance payment of up to 100% of the service price and delivery costs. Such advance payment is due and payable within 5 days from the date of issue of a pro-forma invoice. Until the advance payment is made, the Supplier is not obliged to provide the service or to start providing it.
3. The Supplier will issue a tax document (an invoice) that the Client is obliged to pay by such due date and in such manner as stipulated in the invoice. Invoices normally fall due within 14 days. In the event of the Client being in default with the payment of an invoice, the Client is obliged to pay a contractual penalty of 0.5% of the outstanding amount for each day of default until the owed amount is fully paid.
Article VII – Confidentiality and Personal Data Protection
1. The Supplier and the Client agree that all information which the Client will disclose to the Supplier, and which has not been published by the Client nor has become part of the public domain shall be deemed confidential.
2. The Supplier shall:
a) treat such information as strictly confidential, and take all measures to ensure it remains confidential;
b) use and apply such information only for the purposes related to the subject of the contract;
c) handle such information so as to prevent it from being published or disclosed to a third party or used for any purpose other than the subject of the contract and thereto-related services.
3. In order to fulfil this obligation, the Supplier agrees to comply with all necessary measures to prevent a leak of any of the obtained information, in particular:
a) to prevent such information from being disclosed to a third party;
b) to prevent such information from being published;
c) to prevent such information from being reproduced and disseminated;
d) to prevent such information from being accessed by unauthorised persons;
e) to prevent such information from being leaked by any conduct including negligence.
4. By placing an order, the Client (natural person) gives their consent to the processing of their personal data as specified in the order with the intention of processing the order and delivering the goods, for the period necessary for the performance of the contract. The Supplier processes the personal data of the Client (natural person) for the purposes of fulfilling the subject of the contract and performing its obligations towards the Client, namely for the purposes of contacting the Client in connection with the handling of its order, providing the service, and issuing an invoice. The Supplier shall ensure that the Client’s personal data is not used for any other purposes, in particular that it is not published, disclosed or made available to third parties, except where such disclosure is required to meet the Supplier’s statutory obligations under generally applicable legal regulations (disclosure obligations towards tax authorities, law enforce authorities or other state authorities), or except that such data is disclosed to persons with whom it is necessary to cooperate in order to fulfil the order properly (especially translator, interpreter or delivery service). The database containing such personal data is protected against damage, destruction, loss or misuse. The Supplier will process the Client’s personal data to the following extent: name and surname, billing address or, if applicable, service delivery address, e-mail address, contact phone number.
Article VIII – Complaint
1. A complaint about the service supplied shall be filed by the Client with the Supplier in writing by letter to the Supplier’s registered address or by e-mail to office@translata.sk without undue delay, in any event not later than 3 business days following the service supply date, failing which any claims arising from liability for defects shall be deemed to have been asserted late and to have become extinguished. A service complaint must specify the order/contract number, the reason and nature of defects and, if appropriate, must include written evidence proving the existence of defects. If a complaint is found to be justified, the Supplier shall provide for the rectification of defects at its own expense and within a reasonable period of time or grant the Client a discount on the service price. In the case of any dispute as to whether or not a complaint is justified, the translation complained will be reviewed by independent suppliers. The outcome of such a review, including the resolution of the complaint, will be communicated to the Client.
2. If the Client (natural person – consumer) is not satisfied with the manner in which the Supplier handles its /their complaint or if the Client believes that the Supplier has violated its/their rights, the Client has the right to contact the Supplier with a request for rectification. If the Supplier rejects the Client’s request or fails to respond to it within 30 days from the date of its dispatch, the Client shall have the right to submit a petition to an alternative dispute resolution entity within the meaning of Act No. 391/2015 Coll. on the Alternative Consumer Dispute Resolution for the commencement of alternative dispute resolution (hereinafter referred to as the “ADR”). The ADR does not apply to disputes where the quantifiable value of the dispute does not exceed EUR 20.00. The ADR entity is the Slovak Trade Inspection, or another legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic. The Client may submit the petition to the ADR entity in paper form, in electronic form or orally in form of a record; the Client may also submit the petition via the form available on the Ministry’s website economy.gov.sk, the STI website www.soi.sk, or via the ADR platform available on the EU’s Consumer Complaints Resolution Online websitehttp://ec.europa.eu/consumers/odr/. ADR conducted by the Slovak Trade Inspection is free of charge, another ADR entity may require the Client to pay a fee for the ADR commencement up to the maximum of EUR 5, including VAT. The ADR entity shall, in principle, terminate the ADR within 90 days from the date of its commencement.
Article IX – Dispute Resolution
The Client and the Supplier agree that any and all disputes shall be governed by Slovak laws. Any disputes shall be preferably resolved in an amicable way; unless such amicable resolution is reached, the dispute shall be subject to the exclusive jurisdiction of Slovak courts.
Article X – Final Provisions
1. These General Terms & Conditions form an integral part of the contract between the Supplier and the Client and are binding on both parties. The legal relationships established by the contract shall be governed by the provisions of the contract, individually agreed conditions, the provisions of these General Terms & Conditions and the applicable legal regulations, mainly by the provisions of Act No. 513/1991 Coll. – the Commercial Code, as amended. The provisions of the Contract shall take precedence over the provisions of these General Terms & Conditions and non-mandatory provisions of generally binding legal regulations.
2. Translata, spol. s r.o. reserves the right to unilaterally amend these General Terms & Conditions. Any amendments to these General Terms & Conditions shall become effective as of the date of being published on the website www.translata.eu. The legal relationships arising from the contract shall at any time be governed by the General Terms & Conditions valid at the time when the order becomes binding.
These General Terms & Conditions shall come into force as of July 1, 2024.