General conditions
The General Terms and Conditions of Henter y Asociados Asesoría Lingüística, SL, with tax number B73855629 and registered office at c/ Islas Columbretes 3, 30720 San Javier, Spain, are set out below. The terms and conditions were last updated: Date of update: 18/10/2019 © Henter y Asociados Asesoría Lingüística. Our address in Germany is: Friedrichstr. 123, 10117 Berlin.
Foreword
These General Terms and Conditions apply to and are valid in the case of any queries and disputes arising out of the business relationship between the client (hereinafter the “client”) who uses the linguistic or educational services or products of HENTER Y ASOCIADOS (hereinafter the “company”) and the company operating in Spain under the name of “Henter y Asociados Asesoría Lingüística, SL”.
The term “translation” means the modification of a document in such a way that it reflects the content of a document provided by the client in a language other than the original. The term “localization” means the linguistic and cultural adaptation of products to a specific market. The term “transcription” refers to the written recording of a spoken text (audio or video). The term “interpreting” means the oral transmission of a discourse in a particular language so that it becomes understandable in the target language. The term “training” means the execution of courses (English, German, Spanish) according to the needs of the client. The term “Medical Writing” means the writing of medical texts.
These terms and conditions are part of the contract between the client and the company. These terms and conditions are therefore always applicable to all business relationships between the client and the company, unless both parties have previously agreed to any other regulation in writing.
THE CLIENT MUST READ THE TERMS CAREFULLY BEFORE PLACING AN ORDER. The moment the client places an order, it is understood that they have read and accepted the terms and conditions.
Should a certain paragraph of these terms and conditions not apply, this has no influence on any other paragraphs. The general terms and conditions of the client can only apply if the company has agreed expressly and in writing.
Order
Before the order is placed, the client receives a formal cost estimate. An estimate can be requested without obligation through the website www.henter.co. Quotations can also be requested by telephone calling +34 868 99 04 02 (Spain), +49 030 80093753 (Germany) or via e-mail to info@henter.co. Once all doubts and questions regarding the nature and extent of the order have been clarified, the client will receive a written formal estimate of the services requested and the terms and conditions. Only after receipt of the formal and always written quotation (usually via e-mail) can the client accept it (and hereby also the valid terms and conditions) and if in this case issue the order. The order must be confirmed by the company within 24 hours. Only working days apply to this (except Saturdays, Sundays and public holidays in Spain during which the company is closed).
The order is invalid unless confirmed by the company. To confirm an order, the company must first have all the necessary materials and instructions to complete the job.
The company is not responsible for delays or errors in the execution of the order caused by a faulty, incomplete or unclear order.
The client agrees to inform the company about all aspects of the job that are necessary for its correct execution, such as: source and target language, date of issue, specific terminology, purpose, format, and any other applicable instructions.
Should these instructions subsequently change an important aspect of the order, the price of the order may be adjusted. If the client has not informed the company about an important aspect of the order, the client is not entitled to any compensation or deductions for the order due to defects resulting from this.
Change/cancellation of the order
Should the client want to make changes to the order after conclusion of the contract, the company has the right to adjust delivery dates and prices. All changes must be confirmed in writing. The client is only entitled to cancel the order if both the original deadline and its extension have been exceeded unreasonably long. If the client should cancel the order without authorization, they are obliged to pay the full amount, according to the agreed conditions or, if not available, according to these general terms and conditions. Under current law, the client has no right of withdrawal in this case. In the case of interpreting orders, an additional fee of 25% + travel and accommodation will be charged if the order is placed less with than a week’s notice of the date of order execution. If the interpreting service is canceled completely, the full agreed rate will apply plus accommodation and travel expenses (if applicable). The cancellation request must be made in writing. Should the client not be able to meet their payment obligations due to insolvency, termination of their business activity, etc., they are obliged to inform the company without delay. The company is then entitled to stop the order and claim immediate payment before continuing work.
Prices and rates
If prices are stated on the website www.henter.co, these are non-binding and in Euros, unless otherwise stated. In any case, the client will receive a written estimate of the price of a specific order before placing the order. Prizes are calculated either by project, document, hours or the system that the company considers most appropriate for the specific order. The prices may vary depending on the level of difficulty, urgency, format, etc. of the project. The company informs the client about this in the corresponding cost estimate. Costs for transportation, accommodation or document delivery may be added to the amount stated in the estimate, if the client did not submit them at the time of the quote request. If, for example, the client wishes to receive a translation by post or delivery service, they must provide a notification of this at the moment of the request for quotation and otherwise bear the costs themselves.
Deliveries
Delivery dates are only binding after express and written confirmation by the company. Unless otherwise stated in the e-mails or in the estimate, all times are in Central European Time (Madrid). If the company cannot meet the delivery date, the client will be notified as soon as possible and a new reasonable delivery date will be agreed. A delivery is deemed to have taken place if it has been demonstrably sent in the agreed form (usually e-mail) to the specified address. Delivery dates are deemed not to have been met if the delivery has been delayed by more than three hours and if, in addition, the client has demonstrably been notified by the client of this delay by e-mail or call for at least one hour. If delivery of urgent orders is delayed by more than 24 hours, this will result in a change in the final price. In the event of a delivery delay due to force majeure or other unavoidable circumstances, the company assumes no responsibility.
Processing the service and contacting suppliers
The service is carried out according to the principles of proper professional practice. The company may use third parties at any time without informing the client. All translations are carried out in their entirety, matching the source meaning and to the best of the company‘s knowledge and belief. Without the express consent of the company, the client shall not contact the company’s translator for this order or future orders for a period of at least one year from the last order. This is independent of whether the translator is an employee or an independent supplier to the company.
Liability
The company is liable only for damages that are directly and demonstrably due to own fault. The company cannot be held liable for any damage resulting from an emergency breakdown, including, but not limited to, force majeure, natural disasters, traffic disruption, network or server problems, or data transmission disruption. In these exceptional cases, the company reserves the right to partially or completely cancel the order and to partially or completely repay the client the money paid. The client assures to be in possession of all copyrights of the material to be processed. The translation agency is not liable for possible infringements of the copyrights of third parties. The client is solely responsible for the use that they make of the service. The company uses anti-virus programs and firewalls to protect themselves against possible unauthorized access. Nevertheless, they are not responsible for any damage caused to the client by viruses, worms, trojans, spyware, etc. The client has to check all data that are addressed to the company and that they receive from the company for viruses and miscellaneous before sending or using the data. If any files of the company are infected, the company reserves the right to partially or completely cancel the order and to repay the client part or all of the money paid. The processing of the product (for example, the translation) releases the company from its liability for it. The company assumes no liability for damages incurred through the unaudited sale or for the transfer of products or services to third parties. The client is obliged to send the company only copies of the data to be treated; but in no case the originals (except in case of necessity). The company cannot assume any liability for damage or loss of the information or documents provided. Unless otherwise agreed in writing, the company is liable to a maximum of the total amount of the respective order.
Complaints
In the case of interpreting orders, complaints must be made within a maximum period of 7 days. In all other cases, complaints should preferably be made after two weeks, but at the latest one month after submission of the order. If the client considers that there are errors in the translation, the text can be improved. These terms and conditions indicate what a translation error may be. Any errors in the translation must be justified. If the claim is well founded, the translation will be improved and, if deemed appropriate, a discount will be offered based on the inconvenience caused. The company is not liable for errors caused by an ambiguous or incorrect drafting of the source text. The company is not responsible for errors resulting from ambiguity of the source text. The client is liable for all errors that are due to the client’s own incorrect terminology. The claim for rectification and reclamation ends one month after delivery.
Translation errors
Translation errors can consist of any of the following:
- Mistake in spelling and grammar
- Untranslated parts
- The meaning of the source text is clearly not reproduced
The following cannot be considered a translation error:
- Style questions and preferred phrasing
- Errors due to ambiguity of the source text
- Differences in terminology used (unless the client has provided a word list or specific instructions regarding terminology)
The company is liable only for “errors” in the sense of the above.
Terms of payment and penalties
An invoice for the stated amount will normally be issued upon execution of the order (at delivery) and sent to the client. This can be done via e-mail or post. Unless otherwise agreed, the invoice amount is due within 20 days of delivery. Payments will be completed by bank transfer or in cash. In certain circumstances, the company may require advance payment of the total or partial amount. In any case, the terms of payment are recorded at the time of the order. Discounts must be recorded in writing on the invoice or on the quotation and are only valid if all agreed conditions have been met. In the case of arrears, the company may claim default interest, which is 5% above the interest rate of the Banco de España, until the full claim has been received. Should the payment be delayed for three months beyond the agreed payment term, the client must pay a contractual penalty, in addition to the original amount, along with the higher of the following amounts to the company:
(a) 150% of the sum agreed in the estimate, or
(b) €3,000
In any case, the client is the payment undertaker.
Rights of use and copyright
Unless otherwise agreed, all rights of use and copyrights remain with the company. Nevertheless, the client is entitled to freely use and modify the material paid and provided by the company. The client is entitled to use the delivered material provided all payment conditions have been met. Otherwise, its use constitutes a violation of copyright. The client assure that they are in possession of all copyrights to the material to be edited. The company is not liable for possible copyright infringement by third parties.
Shipping and transfer
Both the shipping and the electronic transmission are the responsibility of the client. If shipping costs arise, these are borne by the client. The company assumes no liability for a faulty electronic transmission or for its loss. There is also no liability for damage or loss by post. However, the company undertakes to keep an electronic copy of the work, unless otherwise agreed.
Confidentiality
The company undertakes to keep confidential all documents and information received for the purpose of performing the order.
Google Analytics
The company’s website uses Google Analytics, an analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, i.e. text files stored on your PC that help the website analyze how their users use them. The information created in this way (including the IP address) will be forwarded to Google and stored on servers in the United States. Google uses this information to monitor the use of the aforementioned website and generate reports for the site operator to evaluate the activity of the site and its use. Google may also share this information with third parties if required by law or if third parties help Google evaluate the data. Google will not match the IP address with any other data it has. If you do not want your data to be stored, you can adjust the cookie settings of your browser. By using this website, you agree to the use of cookies.
Data protection
The client agrees to the storage of their data for administrative purposes in accordance with applicable Spanish law on data protection. Henter y Asociados, SL, with headquarters in C / Islas Columbretes 3, 30720 San Javier, is responsible for its client database and complies with the requirements of the Ley Orgánica de Protección de Datos 15/1999. The client may at any time make use of their right to access, rectification, opposition and deletion of their personal data. For this purpose, they can send an e-mail to info@henter.co.
Jurisdiction
The present terms and conditions are subject to Spanish law. The jurisdiction is Murcia.
Changes to the terms and conditions
The company reserves the right to change the terms and conditions at any time without notice. It undertakes to make the applicable terms and conditions available to the client through this website. Older versions of the terms and conditions lose their effectiveness with each newer version. Conditions that applied at the time the order was placed are not affected by future changes to the terms and conditions.