Terms and Conditions

The ground rules

 

Any binding agreement between the Client and Mamblin is covered by the following terms of business.

General provisions

COMPLAINTS AND PAYMENT CONDITIONS

SPECIAL AND FINAL PROVISIONS

General provisions

 

Splošne določbe
  1. Article 1 Any binding agreement between the Client and Mamblin d.o.o. (the Company) is covered by the following terms and conditions.
  2. Article 2 The Client enters into a contract with the Company by submitting a text for translation or submitting any other Work to be carried out by the Company in writing (usually in the form of an e-mail).
  3. Article 3 If in six (6) hours after receiving the Work, the Company does not inform the Client that it does not agree with certain conditions set by the Client, it is presumed that both parties under contract agree with all the conditions under which the Work is to be carried out.
  4. Article 4 If in the time period set by Article 3 (6 hours) the Company states that it does not agree with certain conditions set by the Client, the parties involved do not enter into the agreement until an agreement is reached on the conditions previously disagreed upon.
  5. Article 5 A contract is made also in the case of the Client agreeing with the Company's proposal of changes to conditions under which the Work is to be carried out. Contractual obligations are in such a case determined by the new Terms and Conditions.
  6. Article 6 The accepted Terms and Conditions of the contractual relationship may be changed or abolished exclusively by agreement of both contractual parties.
Subject of Contract
  1. Article 7 The subject of this contract are services, based on the business orientation of the Company, undertaken in accordance with the demands set by the order (the Work).
Translation
  1. Article 8 When the conditions from the first part of these terms and conditions are met, the Company is obliged to perform the service according to mutual agreement with the Client, observing the target language, date of completion and manner of delivery.
  2. Article 9 By placing an order, the Client is obliged to accept the completed Work and pay the final price for it in accordance with Article 32 (VAT) of these Terms and Conditions.
  3. Article 10 The Client must inform the Company of all circumstances that might affect his ability to pay. The Client must inform the Company of all resolutions of a company that might point towards its insolvency or liquidation.
Completion of Work
  1. Article 11 The Client must receive the completed Work in the timeframe and manner previously determined.
  2. Article 12 The Client or his authorized employee must confirm the reception of the completed Work immediately after receiving it, which means that the work has been completed within the previously agreed upon timeframe and delivered in the previously agreed upon manner.
  3. Article 13 If the Client does not confirm the reception in accordance with Article 11 of these Terms and Conditions and does not inquire about the Work after the previously set date of completion, the Company presumes that the Client has received the completed Work in the previously agreed upon timeframe and in the previously agreed upon manner.
  4. Article 14 Delivery of the completed Work does not count as past its due date if upon receiving an adequate demand by the Client, the Company re-sends the completed Work and proves that it has been sent before.
  5. Article 15 If a delivery cannot be made according to previous agreement due to valid reasons, the Company may choose a different way to deliver the material at the expense of the Client. The Client is to be previously informed of such circumstances.
  6. Article 16 If the Client rejects the ordered and completed Work with no valid reasons recognized by both parties involved, the Work counts as completed and the Company has the right to issue a bill, which the Client is obliged to settle.
Rights and Obligations
  1. Article 17 The Client must inform the Company of the intended use of the completed Work (e.g. business acts, normative texts, informative texts). If the Work is to be published, the order must state that the translated text will be published. A copyright contract between both parties is to be taken into account and observed accordingly.
  2. Article 18 If the source text which is the subject of the submitted order contains special technical or other terms, abbreviations etc., the Client must provide the Company with a list of the adequate terminology in the language in question, provide access to other reference material or arrange for someone to be at the translator's disposal to advise on the appropriate use of terminology. If the Client fails to meet these obligations, all eventual terminological complaints are void.
  3. Article 19 The Company may not be held responsible for the eventual copyright infringement perpetrated by the Client and the subsequent receivers of the completed Work.
  4. Article 20 Neither party may use any of the other party's Confidential Information (any information (in any form) which is confidential either to the Company or the Client and which either the Company or Client discloses in connection with our Work).
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COMPLAINTS AND PAYMENT CONDITIONS

 

Complaints
  • Article 21 The Work done is considered incomplete when not executed according to the agreed order.
  • Article 22 Otherwise, the Work is considered as executed according to the agreed demands.
  • Article 23 Only complaints in written form will be processed. As such, they have to cover the grounds for the complaint and the type and number of errors, if possible.
  • Article 24 Should it be established that the Client's complaint is legitimate, the Company must correct the errors at its own expense. If this is the case, the Client is entitled to a 10% discount for the service rendered.
  • Article 25 Should it be established that the Client's complaint is legitimate and that the Work contains no errors, or if the Client refuses the Company's correction, the Client will be given an adequate discount for the service rendered, determined by these regulations.
  • Article 26 Should there be a dispute between both contracting parties in relation to the duly delivered compensation claims of the Client concerning error responsibility, both parties commit to a peaceful settlement of dispute and to an equal share of the costs in case of a request for an expert opinion.
    • Complaint deadline
  • Article 27 Compensation claim based on error responsibility is void if delivered after the complaint deadline expires.
  • Article 28 The Client must submit the claim to the Company as soon as the error in the Work is discovered but no later than eight (8) working days after receiving the Work.
    • Prices
  • Article 29 The price is given according to the valid price list of the Company, unless there is a different agreement in the contract with the Client.
  • Article 30 One translator's page consists of 1,500 characters without spaces in the source language (unless it is impossible to determine the number of characters due to the printed form of the original, in which case the number of characters in the target language counts as the basis).
  • Article 31 The Company reserves the right to change the charges according to the complexity of the text, the translator's expected productivity (i.e. estimated norm of six (6) translator's pages into Slovene per day and five (5) translator's pages into a foreign language per day), and the translator's additional tasks (picture, table, chart editing, etc.). When the translator's expected productivity exceeds 30% of the norm, the Company reserves the right to increase the price by 30%. When the translator's expected productivity exceeds the norm by 60%, the Company reserves the right to increase the price by 80%.
  • Article 32 : All the prices are listed in Euros (EUR) and you will not be charged with VAT.
    • Payment conditions
  • Article 33 The Company has the right to issue an invoice as soon as the Work has been completed according to the order, except when there is a different agreement between both contracting parties.
  • Article 34 The payment for the Work is carried out according to the invoice issued by the Company. The payment deadline is stated in the invoice (normally the deadline ends 30 days after the invoice has been issued).
  • Article 35 : In case the Client delays the payment, they are obliged to pay the Company legal penalty interest for each delayed day.
  • Article 36 The Company has the right to issue a prepayment invoice to the Client, which has to be settled by the date stated in the invoice.
    • Cancellation of a contract and compensation fee
  • Article 37 Each of the contracting parties can withdraw from the contract if after the conclusion of the contract there are insurmountable obstacles on either side which prevent the party to fulfil its duties.
  • Article 38 : The contracting party that withdraws from the contract must inform the other contracting party of this in writing.
  • Article 39 The Client withdrawing from the contract is obliged to pay key money to the Company. The amount is specified by a contract.
  • Article 40 The Company takes no responsibility for the Client's potential loss that may occur due to the withdrawal from the contract and consequently not fulfilling the obligations, provided that this happens due to unforeseeable and inevitable events which could not have been prevented by the Company.
  • Article 41 If the text is published or distributed in any way and the Client has not notified the Company of such use nor have they requested the text to be proofread before published (special proofread), the Client has no right to a compensation fee if the Work contains an error.
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    SPECIAL AND FINAL PROVISIONS

     

    Special provisions
    1. Article 42 The Client binds himself/herself not to establish contact with the translator or the interpreter without explicit consent of the Company.
    2. Article 43 When establishing contact with the translator or the interpreter with the consent of the Company, the Client binds himself/herself not to discuss matters concerning the business terms and conditions of a certain Work.
    3. Article 44 Without the consent of the Company, the Client cannot arrange with a translator to have the conditions agreed upon closing a deal changed.
    4. Article 45 4. Should a violation of the commitment regarding articles 43, 44, or 45 of these business terms and conditions be determined, the Client is obliged to pay a contract fine in the amount of 1.500,00 EUR to the Company for every single violation, even for the Work that was not finished properly.
    Final provisions
  • Article 46 The legal relation between both contractual parties is determined by the corresponding provisions of law, unless differently determined by these business terms and conditions.
  • Article 47 The text in these business terms and conditions is binding for both contracting parties. The given terms are the General business terms and conditions of Mamblin d.o.o., Jakčeva 32, 1000 Ljubljana, since March 1st 2012.
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    Ljubjana 1.3.2012