General conditions of service
Eulenhaupt Translation Services
performed are subject to the following scheme of remuneration and standard terms of service.
Scheme of remuneration
Charges for translation services are as follows:
For translation assignments of up to 2 pages,
we charge € 55.00 up to € 80.00* per page.**
For translation assignments of more than 2 pages,
we charge € 50.00 up to € 75.00* per page.**
For editorial tasks: revision assignments i.e. proofreading and/or (post-)editing services,
we charge € 90.00 per hour.
* Charges vary depending on the complexity of contents and specified time schedules
** We assume an average of 50 lines per page with 55 keystrokes each
Standard terms of service
1 – Applicability
Unless agreed otherwise in writing, these terms shall apply to all legally binding transactions between the legal translator and legal editor Eulenhaupt Translation Services in its capacity as a lawyer-linguist network (hereinafter referred to as 'lawyer-linguist') and the client, to the exclusion of the client's terms of business.
2 – Tenders – performance of the agreement
2.1 All tenders and prices quoted shall be non-binding.
2.2 The agreement shall be effected by the client's written acceptance of the lawyer-linguist's quotation or - if no quotation has been submitted - by the lawyer-linguist's written confirmation of an order commissioned by the client. However, if the lawyer-linguist has not been able to examine the full text of the quotation within five working days, the lawyer-linguist may, after the client's acceptance of the quotation, revoke the quotation made and the stated time periods. All price estimates and quotations are exclusive of VAT, unless expressly stated otherwise.
2.3 The lawyer-linguist may consider his client to be the person who has commissioned the order, unless said person shall have clearly stated that he is acting on behalf of, or at the behest of and/or on the account of a third party and in doing so, shall have provided the name and address of said third party to the lawyer-linguist concurrently with the aforementioned statement.
3 – Modification – cancellation of an order
3.1 If, after the agreement has been concluded, the client makes any modification other than minor alterations to the original order, the lawyer-linguist shall be entitled to amend the lead time and/or the remuneration or to cancel the order without further notice.
3.2 If the client cancels an order he shall be liable for payment of that fraction of the order that has already been executed and for payment on the basis of an hourly fee for research that has been undertaken with respect to the remainder of the commission. The lawyer-linguist shall place the work already executed at the disposal of the client.
3.3 Should the lawyer-linguist have reserved time for the execution of the order and not been able to use this time for other work, the client shall pay the lawyer-linguist 50% of the remuneration due over the portion of the commission that has not been translated or edited.
4 – Order execution – confidentiality
4.1 The lawyer-linguist shall commit himself to executing the order to the best of his knowledge and ability with due regard for the purpose of the translation as specified by the client.
4.2 The lawyer-linguist shall treat all information entrusted to him by the client with the strictest confidence.
4.3 At the request of the lawyer-linguist, the client shall provide him with information with regard to the contents of the text to be translated, including documentation and terminology, insofar as such shall be available. Dispatch of the documents concerned shall be at the client's expense.
5 – Lead time – delivery
5.1 The agreed lead time is an estimated time unless expressly stipulated otherwise. As soon as it becomes apparent to the lawyer-linguist that the agreed moment of delivery is not feasible, he shall notify the client accordingly without undue delay.
5.2 Should the lawyer-linguist be held accountable for the delay in delivery, the client shall be entitled - if it is unreasonable for him to wait any longer - to rescind the agreement unilaterally in which case the lawyer-linguist shall not be entitled to receive any compensation.
5.3 Delivery shall be considered to have taken place at the moment of dispatch by normal postal service, fax, telex, courier, modem etc.
5.4 Delivery of documents via electronic post shall be considered to have taken place when the medium has confirmed the dispatch.
6 – Remuneration – payment
6.1 Fees are based on a page tariff. For commissions other than translation work (editorial work) a fee may be charged based on an hourly rate. The lawyer-linguist may, in addition to his remuneration , also declare the expenses incurred in executing the order.
6.2 All sums specified by the lawyer-linguist not include Value Added Tax (VAT) due.
6.3 Accounts should be settled no later than 30 days after the date of the invoice in the currency in which the invoice is rendered. Should payment not be made within the aforementioned 30-day period, the client shall immediately be in default.
7 – Complaints
7.1 The client is obliged to report complaints to the lawyer-linguist concerning (quality of) the work and do so as soon as possible, in writing, not later than within ten days after delivery of the work, stating the reasons for his dissatisfaction. Reporting a complaint shall in no way release the client from his obligation to pay for the work delivered.
7.2 Should the complaint be well-founded, the lawyer-linguist shall make any effort to improve (rectify) the work within the shortest period of time.
7.3 The client shall forfeit his right to submit a complaint should he have revised - or have caused to be revised - the work as it was delivered and have then passed it on to a third party.
8 – Copyright
8.1 Save as expressly provided otherwise, the lawyer-linguist shall retain the copyright to translations and other texts written by him.
8.2 The client shall indemnify the lawyer-linguist and hold him harmless against any third party claim regarding alleged breach of rights of ownership, patent rights, authors' copyright or other intellectual property rights in connection with the execution of the order.
9 – Liability – indemnity
9.1 The lawyer-linguist shall be solely liable for loss or damage which is the direct and demonstrable consequence of a shortcoming attributable to the lawyer-linguist. The lawyer-linguist shall never be liable for all other forms of loss or damage such as consequential damage, loss due to delay and loss of profit. Liability shall in any case be limited to an amount equal to the invoice value excluding VAT of the commission in question.
9.2 An evident ambiguity in the text to be translated indemnifies the lawyer-linguist from any liability if the client after being notified by the lawyer-linguist accordingly, has failed to address the matter (creditor default).
9.3 The lawyer-linguist shall not be held liable for damage to or loss of information or information carriers placed at his disposal for the purpose of executing the order. Nor shall the lawyer-linguist be held liable for damages arising out of the use of information technology or modern means of telecommunication.
9.4 The client shall indemnify and hold harmless the lawyer-linguist against any claims of third parties which may arise from the use of the delivered work and which exceed the scope of liability of the lawyer-linguist pursuant to this paragraph.
10 – Rescission – withdrawal
10.1 If the client is in breach of his obligations under the agreement or if he is the subject of bankruptcy, insolvency, liquidation, composition or similar proceedings or a payment moratorium, the lawyer-linguist shall have the right to rescind the agreement in whole or in part without any obligation to pay damages or to postpone the fulfilment of the obligations resulting therefrom. He shall then be entitled to demand immediate payment of the remuneration due to him.
10.2 Should the lawyer-linguist not be able to fulfil his obligations under the agreement due to circumstances beyond his control, he shall be entitled to withdraw from the agreement without incurring any liability for damages.
11 – Act of God – force majeure
11.1 In these general terms and conditions, act of God and force majeure mean, in addition to the interpretation given to the respective term in the applicable statutory provisions and case law, all external causes, any event, whether anticipated or not, on which the lawyer-linguist cannot exert any influence, but as a result of which the lawyer-linguist is unable to meet his/her obligations. Act of God shall in any case include, but is not be limited to flood, tempest, fire, accident, illness, epidemic or pandemic, whereas force majeure shall in any case include, but is not be limited to explosion, nuclear accident, riots, war or threat of war, sabotage, insurrection, civil disturbance or requisition, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, as a result of which the lawyer-linguist is no longer in a position to meet his contractual obligations.
11.2 During a period of act of God/force majeur, the lawyer-linguist's obligations with respect to the agreement shall be suspended. If the period in which fulfilment of the obligations by the jurist-linguist is not possible due to act of God or force majeure lasts longer than two months, both parties shall be entitled to rescind the agreement without any obligation to pay compensation. If the client is a consumer, the entitlement to rescind referred to in this paragraph shall only apply in so far as such entitlement is based on statutory law.
12 – Applicable law – venue
12.1 The law of the Netherlands shall apply to all legal relationships between the client and the lawyer-linguist.
11.2 Any dispute shall be submitted to the exclusive jurisdiction of the courts of the Netherlands.