of the limited liability company:
123 preklady.eu Slovakia, s.r.o.
having its registered office at Ostrovského 2, 040 11 Košice – Juh
Company Reg. No.: 46 576 371
Tax Reg. No.: 2023501689
VAT No.: SK 2023501689
Registered in the Business Register of the District Court Košice I, Section: Sro, Insert No. 29494/V
Represented by the Executive: Ing. Martin Petraššovitš ; Ing. Peter Sádel
(hereinafter referred to as “Provider”)
I.
General Provisions
1.1 The General Terms and Conditions (hereinafter referred to as “GTC”) apply to services provided by the Provider – intermediation of translation, interpreting, graphic and supplementary services (hereinafter referred to as the “Work”) under the requirements specified in the written Order.
1.2 These General Terms and Conditions specify the rights and obligation of the Contracting Parties, i.e. the Provider and the Client.
1.3 The Provider reserves the right to change these General Terms and Conditions. Obligation to notify the Client of any changes made to these Terms and Conditions is considered to be fulfilled by publishing them on the website www.123preklady.eu
II.
Legal Regulations Applied and Terms Used
2.1 Contractual relationship to which these Terms and Conditions apply are governed by the relevant legal regulations applicable and effective in the territory of the Slovak Republic.
2.2 In case the Client is a consumer, relations not covered by these Terms and Conditions are governed by the following laws:
2.3 In case the Client is not a consumer, relations not covered by these Terms and Conditions are governed by the Act No. 513/1991 Coll. Commercial Code. If the Client is not a consumer and the contractual relationship between the Provider and the Client is governed by the Act No. 513/1991 Coll. Commercial Code and an individual agreement with specifically negotiated terms is concluded between the Contracting Parties, this agreement shall take precedence over GTC.
2.4 The consumer shall mean a natural person purchasing products or using services in order to satisfy its own personal needs (it is not acting within its commercial or other business activities, employment or profession when concluding and performing the contract).
2.5 The Client who is not a consumer is considered to be the entrepreneur who orders the services for the business purposes.
III.
Order
3.1 Contractual relation between the Provider and the Client is based on the written Order delivered to the Provider via e-mail or in the form of electronic order form available on our website www.123preklady.eu (hereinafter referred to as the “Order”). If the Order is issued by the Provider, the Client is obliged to confirm the Order. Such Order only becomes binding after the confirmation thereof.
3.2 The Provider shall confirm each received Order in writing, via e-mail, electronic order form or by telephone without undue delay.
3.3 The Provider is entitled to notify the Client of the fact that some conditions are not accepted within 24 hours from the receipt of the Client’s Order and the contractual relationship shall not arise unless there is a mutual agreement between the Provider and the Client. In case of failure to notify the Client of such fact, terms specified in the Client’s Order shall apply.
3.4 The Client acknowledges that the agreed terms of the contractual relationship may be changed or cancelled in writing based on the explicit agreement between the Contracting Parties.
3.5 Contractual relationship between the Client and the Provider arises if the client accepts the changes to the terms suggested by the Provider.
IV.
Price and Payment Terms
4.1 The price quotation shall be based on the valid price list of the Provider´s services.
4.2 Final price of the Work is based on the number of source units and this price is fixed. If the test is delivered in physical form, printed or in form when it is not possible to determine the source number of units, the price is determined by the number of target words after the final translation from the target language.
4.3 All the prices in the price list of services are given in EUR excluding VAT.
4.4 The Provider shall issue a tax document for the performance of the Work within 15 days from the performance of the Work under the Order with the maturity period of 10 days from the date of issue thereof.
4.5 In case of the Client’s late payment for the Order, the Provider is entitled to legal interest rate on arrears.
V.
Statutory Exception to the Right of Withdrawal
5.1 The Client as an consumer acknowledges that it may not withdraw from the agreement concluded in compliance with these Terms and Conditions since within the meaning of Section 7 (6) (c) of the Act No. 102/2014 Coll. on Consumer Protection for Selling Goods or Providing of Services Based on a Distance Contract or a Contract Concluded Outside Operational Premises of the Seller as amended, the subject matter of the sales contract is the sale of goods (i. e. performance of Work) made according to the specific requirements of the consumer, custom-made goods or goods designed specifically for a single consumer.
VI.
Translation Services
1. General Provisions
1.1 The Provider agrees to perform and deliver the agreed Work – translation (hereinafter referred to as “translation” – under the Order upon fulfilment of the conditions specified in Article I.
1.2 The Client agrees to accept the accomplished Work under the binding Order and pay to the Provider the final price of the Work.
2. Work (Translation) Delivery Date
2.1 The Client shall be obliged to accept the delivered Work within the date and in the manner specified in the Order.
2.2 The Client or any Client’s authorized representative shall be obliged to confirm to the Provider the delivery in writing or via email without undue delay, i.e. within 24 hours
2.3 If the Client fails to fulfil its obligation under Section 2.2 herein, and does not demand in writing the Work delivery within 24 hours after the Work delivery date, the Provider shall deem that the Client has been delivered the Work duly and timely.
2.4 The Work shall not be delivered with delay if the Provider delivers the Work to the Client again upon its demand and proves it has already been delivered before (via email, mail, courier).
2.5 If the Work performed cannot be delivered in a required manner due to serious reasons on the side of the Client, the Provider shall be entitled to choose an alternative way of delivery of the Work performed at the Client’s expense. The Client shall be notified of such circumstance in advance.
2.6 If the Client refuses to accept the Work duly agreed and performed without any serious reason accepted by both of the Parties, such Work shall be deemed performed and the Provider shall be entitled to issue an invoice and the Client shall be obliged to pay such invoice.
3. Complaints
3.1 The Work performed by the Provider shall contain mistakes in case it has not been performed in compliance with the conditions specified in the Order and/or it has not been performed in respective grammatical, stylistic, semantic quality.
3.2 the Client is obliged to file any complaint exclusively in writing stating the reason for the complaint, nature of errors and number of errors, if appropriate.
3.3 If the Provider accepts the Client´s complaint as reasonable, it shall arrange for the proofreading at its expense. Then the Client shall be entitled to a discount on the price for the Work up to the maximum amount of 5 %. If the Client refuses to accept the proofreading offered, the Client shall be provided with the discount on the price for the Work the amount of which shall be set based on a mutual agreement. In case agreement cannot be reached between the Contracting Parties, the amount of discount shall be set based on the expert opinion.
3.4 The price for the expert opinion shall be paid by the Client if the opinion shows that its complaint is unjustified, otherwise such costs shall be paid by the Provider,
3.5 The Provider shall be liable for any damage caused by mistakes in the Work performed up to the amount of the price for the Work.
3.6 The Client is obliged to file the complaint without undue delay, not later than 30 days after it has accepted the Work performed. If it fails to file the complaint within this period, this right expires.
VII.
Interpreting Services
1. General Provisions
1.1 The Provider agrees to perform and deliver the agreed Work – interpreting (hereinafter referred to as “interpreting” – under the Order upon fulfilment of the conditions specified in Article I.
1.2 The Client agrees to pay to the Provider the final price of the Work under the binding Order.
1.3 The Provider shall arrange performance of the interpreting services through an interpreter.
2. Date of Interpreting under the Order
2.1 The Client shall be obliged to accept the interpreting services on the date and in the manner specified in the Order.
2.2 Immediately after the interpreting services have been delivered, the Client or its authorized employee shall be obliged to confirm to the Provider in the form of an interpreting services certificate the fact that such services have been delivered duly and timely.
2.3 If the Client refuses to accept the interpreting services agreed duly without any serious reason accepted by both of the Parties, such interpreting services shall be deemed delivered and the Provider shall be entitled to issue an invoice and the Client shall be obliged to pay such invoice.
3. Board, Lodging, Transportation
3.1 The Client shall be obliged to arrange the transportation of the interpreter from the prior agreed place to the place where the Work is to be performed by a suitable means of transportation in respect of the distance between the places.
3.2 If the interpreter uses their own means of transportation, the Client shall be obliged to compensate their travel costs in full to the Provider under the Order.
3.3 The Client shall be obliged to arrange accommodation for the interpreter in a single en suite room.
3.4 The Client shall be obliged to offer the interpreter a half-hour meal and rest break not later than after four hours of interpreting.
3.5 One day of interpreting shall last 8 hours, including breaks.
4. Complaints
4.1 The Work performed by the Provider shall contain mistakes in case it has not been performed in compliance with the conditions specified in the Order. Then the Client shall be entitled to a discount on the price for the Work up to 5 %.
4.2 The Client is obliged to file any complaint regarding interpreting exclusively in writing stating the reason for the complaint and nature of errors.
4.3 The Client is obliged to file the complaint without undue delay, not later than 30 days after the date of interpreting. If it fails to file the complaint within this period, this right expires.
4.4 The Provider shall be entitled to the remuneration for the entire time period of the interpreting services even if the Client does not fully use the agreed time of the Order.
4.5 The Client shall be obliged to arrange the conditions adequate to the type of interpreting, including technical equipment, unless it is ordered from the Provider.
VIII.
Right and Obligations of the Provider and the Client
8.1 The Client shall be obliged to notify the Provider of the purpose of the Work.
8.2 The Client shall be obliged to send the materials for interpreting to the Provider not later than 3 days before performance of the interpreting services (e.g. program, presentation, previous negotiation record, written material, etc.). If the Client fails to fulfil this obligation, any possible complaints regarding terminology shall not be taken into consideration.
8.3 If the text being the subject of the Order is specialized and contains special terms, abbreviations, etc., the Client shall be obliged to provide the Provider with the list of the respective terminology used in the respective language or with any other additional material, or to specify an authorized person in the Order who shall be authorized to consult the specialized terminology. If the Client fails to do so, any future complaints related to such terminology shall not be considered.
8.4 The Client shall be obliged to notify the Provider without undue delay of any circumstances affecting the performance of its obligation to pay for the Work. The Client shall be obliged to inform about the resolution on declaration of bankruptcy in respect of its assets or about going into liquidation.
8.5 The Provider shall not be liable for any possible consequences related to any breach of copyright.
8.6 The Provider undertakes to keep confidential any agreements, negotiations related to the Work and to treat any material submitted by the Client in a strictly confidential manner.
8.7 The Provider shall be entitled to keep a copy of the original document to be translated together with a copy of the translation, or the document after proofreading, for filing purposes in order to harmonize the Client´s terminology and administer its translations.
8.8 The Client shall not be entitled to request the interpreter to perform any other service outside the Order (e.g. written translation, minutes from the negotiations, guide services, organizational services, etc.).
IX.
Personal Data Protection
9.1 Contracting Parties agreed that in case the Client is a natural person, it is obliged to provide the Provider with its name and surname, permanent address including post code, telephone number and valid e-mail address.
9.2 Contracting Parties agreed that in case the Client is a legal entity, it is obliged to provide the Provider with its business name, registered office including post code, company registration number, telephone number and valid e-mail address.
9.3 The Provider undertakes to treat the personal data of the Client in compliance with the relevant legal regulations applicable in the SR.
9.4 The Provider declares that under the provisions of Section 6 (2) (c) of the Act on Personal Data Protection, personal data shall be collected exclusively for the purposes of the services provided.
9.5 The Provider declares that under the provisions of Section 6 (2) (e) of the Act on Personal Data Protection, it shall not collect the personal data for other purposes than those specifically stated in these Terms and Conditions and it shall ensure that the personal data are processed and used solely in the manner adequate to the purpose for which they were collected and they are not combined with the personal data collected for other purposes.
X.
Cookies
10.1 Cookies are small text files that are placed on a computer’s hard disc based on the owner’s permission. If the permission is granted, the text is recorded into a small file.
10.2 Cookies make it easier to analyse internet navigation, recognize when someone visits a website, allow Internet applications to send information to individual users.
10.3 In this regard, no user’s personal data is collected from websites.
10.4 Cookies are not used for transmission of personal information, persistent cookies of any type or systems for tracking users.
XI.
Final Provisions
11.1 Terms and Conditions published onwww.123preklady.eu come into force and effect as of 01 June 2017.
11.2 Relations not covered by these Terms and Conditions are governed by the relevant acts applicable and effective in the territory of the Slovak Republic.
11.3 The Contracting Parties undertake to solve any disputes between them out of court. If this is not possible even after the effort made, each Contracting Party is entitled to resolve the dispute at the relevant court of the Slovak Republic.
11.4 Any part of this text may not be copied, published and distributed in any way and in any form without the explicit consent of the Provider.
11.5 If any provision of these Terms and Conditions becomes invalid, ineffective or unenforceable in whole or in part, the validity and effect of other provisions shall not be affected. The Contracting Parties undertake to replace such invalid, ineffective or unenforceable provision with a new one, the purpose of which shall be as close as possible to the purpose of the original provision.
In Košice on 01 June 2017