General conditions

 1. Preamble
 2. Order request
 3. Modification/cancellation of the order
 4. Prices and rates
 5. Delivery times
 6. Performance of the order and contact with the translator
 7. Liability
 8. Reclamations
 9. Errors in the translation
10. Conditions of payment
11. Copyright
12. Delivery
13. Confidentiality
14. Data Protection
15. Jurisdiction
16. Modifications of the general conditions of contract 

1. Preamble

These general conditions will govern the commercial relationship between MONDO SERVICES Translation Agency, S.L., hereinafter "the Agency", and the client. Unless expressly agreed to the contrary, the Agency and the client will work under these conditions.

The client accepts the conditions contained herein upon placing the first order with the Agency.

The possible invalidity of any provision will not affect the others.
The general conditions of the client will only be valid after the express acceptance in writing by the Agency.

2. Order request

The order must be made electronically or in writing and be confirmed electronically or in writing by the Agency in order to be valid. All the necessary materials to carry out the job must be available, at the very latest, by the start of the job. The Agency is not responsible for delays or errors in the job made by a defective, incomplete or unclear order request.

The client agrees to inform the Agency of all important aspects of the job, such as language, delivery date, terminology, format, purpose, etc. at the point of agreement of the order. If these nuances change any important aspect of the order, the price will be modified. If the client has not informed the Agency of an important aspect, the client will lose the right to any type of compensation or discount.

3. Modification/cancellation of the order

The Agency reserves the right to modify the delivery date and prices if the client wants to modify the order after its confirmation. The modifications must be confirmed in writing (by email or letter).
Generally, the client may only cancel the order in the event that the delivery date and its extension have exceeded all proportions.

If the client cancels the order without authorisation, they will be obliged to pay the full amount according to the conditions agreed in the estimate. Cancellation must always be done in writing (by e-mail or letter).

If the client cannot maintain their agreement because of bankruptcy, dissolution or other reasons, they agree to immediately inform the Agency of the situation. The Agency can immediately stop the order and demand payment before continuing with the job.

If the client postpones the date of the meeting with less than one week’s notice (especially in the case of interpreting), they must pay 25% plus per diems and travelling costs. In cases where the client cancels the service, they must pay the full amount plus per diems and travelling costs.

4. Prices and rates

All prices and rates displayed on this website are subject to compromise.
The prices will depend on the number of documents, hours, words or standard line (55 keystrokes).
The prices may change according to the level of difficulty, urgency and format amongst others.
Prices and rates, unless stated to the contrary, do not include VAT.

5. Delivery times

The delivery dates are only binding following express confirmation by the Agency.
All time references correspond to the time in Central Europe (Madrid, Paris, Berlin, Rome, etc) which is generally GMT+1, or GMT+2 during the summer.
If the Agency is unable to comply with the stipulated delivery date, it must advise the client as soon as possible and agree a different delivery date. The delivery has taken place when it has been carried out in a demonstrable manner (by email, post, courier, etc.) at the agreed time and place. The delivery date will be considered not to have been complied with when the delay exceeds more than 3 hours and the client has advised the Agency of the situation in a demonstrable manner by e-mail or telephone an hour before. If the delay exceeds 24 hours in the case of urgent assignments, a price modification will be applied.

6. Performance of the order and contact with the translator

All jobs will be performed in accordance with the general principles of the profession.
All translations will be complete, faithful to the original and done in the best possible form.
When it wishes to do so or believes it necessary, the Agency reserves the right to contract the services of third parties. It is not obliged to advise the client of this.

The client may not contact the freelancer employed by the Agency directly unless the latter agrees to it. However, should there be any communication between the client and the freelancer, the Agency must be informed.
The client is not authorised to contact the freelancer without the approval of the Agency, neither during the current job nor for subsequent jobs (for one year after the last job).

7. Liability

The Agency may only be held responsible for its own negligence.
The agency is not liable for damage caused mainly, but not exclusively, by force majeure. For example, natural phenomenon, changes in traffic, network or server errors or disruption in data transmission amongst others. In such exceptional cases, the Agency reserves the right to cancel the order totally or in part.

The client agrees that it possesses all the rights of authorship of the material to be handled. The Agency will not be liable for damages to third parties in respect of the rights of authorship.
Once the service or product has been completed by the Agency, the client is the only person responsible for its use.

The Agency uses antivirus programs and firewalls to protect against possible viruses; however, it is not liable for damage caused to the client by possible contamination of viruses, worms, trojans, spyware, etc. The client is obliged to verify that the data is free of all types of malicious code before sending it to and receiving it from the Agency. In the case that our files become infected, the Agency reserves the right to cancel the order totally or in part.

The Agency is not liable for any changes made to the product once complete and received by the client.
The Agency is not liable for damage to third parties when the client sells the unreviewed product or service to third parties.

The client agrees to send the Agency only copies of the data to work with and never send originals (unless strictly necessary). The Agency is not liable for the damage or the loss of information or documents received from the client.
The Agency has Professional Civil Liability cover, being able to accept liability for possible damages up to a limit of 300,000 Euros per incident and year.

8. Reclamations

Claims made against the Agency must be made preferably within two weeks following delivery but no later than within two months.
If the client considers the translation as defective they have the right to demand a review. Section 9 describes what makes a defective translation.
Possible mistakes in the translation must be marked and justified. If the claim is justified, the Agency must correct the job and, if appropriate, offer a discount.
The Agency is not liable for mistakes caused by possible ambiguous or defective phrasing in the original document.
The client is liable for all mistakes caused by errors in their own terminology.
The right to correction and claims ends two months after the delivery of the job.

9. Errors in the translation

Errors in the translation can consist of any of the following points:

1. Grammatical or spelling mistakes.
2. Parts that are not translated.
3. Translations that clearly have the wrong meaning.

The following cannot be considered as errors in translation:

1. Questions of style and gusto.
2. Errors caused by ambiguity in the original text.
3. Differences in opinion of the terminology used in the translation (unless the client has provided clear information or a list of terminology).

10. Conditions of payment

The invoice will be issued and delivered to the client by email or post at the end of the job.
Unless otherwise agreed, the payment will be done within 20 days of delivery. The payment will be made by bank transfer or in cash.
According to the case, the Agency can demand complete or partial previous payment.

The discounts shown in the Agency’s estimates or invoices will only be valid if all the requirements shown in the estimate are complied with.

In the event that the client delays payment of the invoice, the Agency can charge 5% interest until the complete payment of the order.
The person or association that has approved the estimate will always be directly liable for the payment.

11. Copyright

The Agency reserves the rights of use and authorship of the translation, unless agreed otherwise. However, the client will be allowed to use and modify the material ordered once they have paid the Agency.

The client is not authorised to use the delivered material until the complete payment of the agreed price for the service has been made. Thus, if the payment conditions specified on the invoice are not met, the use of the translation will incur an infraction.

The client agrees that it possesses all rights of authorship of the material to be handled. The Agency will not be liable for damages to third parties in respect of the rights of authorship.

12. Delivery

The delivery will be the client’s responsibility, whether it is performed physically or digitally.
The Agency will not take any responsibility for neither the possible defective transmission nor the loss of files, neither are they responsible for the misplacement of files during physical transit. However, the Agency agrees to make a copy of the work, unless agreed otherwise.

13. Confidentiality

The Agency agrees to maintain the confidentiality of all files supplied by the client in order to do the job.
All translators, freelancers and other employees who work with the Agency have signed a confidentiality agreement and are therefore obliged to maintain the confidentiality of all information relating to the job.

14. Data Protection

The client agrees that the Agency may store their data for administrative purposes by conforming to the data protection rules. The client may revoke this consent at any time.
The Agency agrees not to supply the data of the client to third parties without permission.

15. Jurisdiction

The place of jurisdiction will be Madrid. All legal matters will comply with Spanish legislation.

16. Modifications of the general conditions of contract

The agency reserves the right to change, at any moment and without previous warning, its general conditions of contract. Likewise, it agrees to keep the general conditions accessible to the client by means of this webpage.
All new versions of the general conditions nullify those made on previous occasions.

Updated on July 2010

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