Agence de traduction – Belga Translations

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General terms

GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1
Our deliveries are considered to have been definitively accepted six working days after the delivery date. Any complaints should reach us in writing within this period.

ARTICLE 2
The prices invoiced are those applicable at the time of delivery, unless otherwise agreed in writing beforehand.

ARTICLE 3
Orders may not be cancelled once work on the order has begun.

ARTICLE 4
Any shortcomings in part of the delivery do not entitle the client to refuse the entire delivery.

ARTICLE 5
The client, in their capacity as author and/or publisher, shall assume full liability for any consequences resulting from the publication and distribution of texts supplied by Belga Translations. Civil and/or economic liability for the distribution, be it limited or mass circulation, of texts translated, revised or drafted by Belga Translations shall not under any circumstances be accepted by the latter unless a “publishing agreement” has been expressly concluded beforehand.

ARTICLE 6
Unless otherwise agreed in writing, our services are payable immediately upon delivery. Any sum still outstanding by the payment date will incur interest, ipso jure and without prior notice, at a rate 5% higher than the rate applicable for cash advances at that time.

ARTICLE 7
The client is not authorised to suspend payment, even if a complaint relating to part of the delivery is acknowledged by Belga Translations. In any event, the client shall pay that part which is indisputably due within the specified period.

ARTICLE 8
In the event of non-payment of an invoice by the due date, Belga Translations reserves the right to demand immediate payment of all invoices, including those not yet due. The amount of the unpaid invoice will be increased by 20%, subject to a minimum of EUR 40, by way of compensation, without prejudice to the payment of interest referred to in Article 6. Should a litigation file be opened, a minimum of EUR 125 will be claimed to cover administrative costs.

ARTICLE 9
The client shall be considered to have accepted the aforementioned conditions, without restriction or reservation, simply by accepting our quotation, delivery or invoice or by placing the order.

ARTICLE 10
The courts of Brussels have sole jurisdiction in the event of legal proceedings.

GENERAL TERMS AND CONDITIONS OF PURCHASE

ARTICLE 1 – Scope of Application

The terms and conditions of purchase are applicable to all contracts for the provision of services concluded between Belga Translations and the contracting party, to the exclusion of all documents and any general terms and conditions of the supplier or service provider, unless expressly stipulated otherwise.

By concluding the contract, the supplier expressly waives application of their own general or special terms and conditions.

ARTICLE 2 – Establishing the Contract

All our orders are provided with a deadline.

The supplier must acknowledge receipt of the order. Should the supplier not acknowledge receipt, the order is considered refused.

ARTICLE 3 – Modification of the Order

The supplier shall review any modifications that Belga Translations may legitimately request relating to the purpose of the order, its quantity and/or delivery and respond to such requests to the full extent of their capacities.

The price will be adjusted where appropriate to account for the modification according to the rates and prices indicated in the contract.

ARTICLE 4 – Delivery time frames

The delivery time frames detailed in the orders must, unless in the case of force majeure, be respected under all circumstances. If there is a possibility that the delivery may be delayed beyond the deadline established in the contract, the contracting party must inform Belga Translations of this as soon as possible.

In the case that the deadline initially set is passed, Belga Translations reserves the right to, at its own discretion and without prejudice to any other actions for damages, terminate the contract after notifying the supplier of this by email.

ARTICLE 5 – Place and methods of delivery

All deliveries of texts or services must be made to the location stipulated in the order and failing that to the registered office of Belga Translations.

All costs incurred in the delivery shall be borne by the supplier, unless otherwise provided.

All risk of loss is borne by the supplier up until the point of delivery.

In the event that these specifications and stipulations are not observed, the supplier shall bear all consequences arising from their omissions, lateness or errors.

All products or services must be delivered according to the specific instructions detailed in the order (medium, layout).

The supplier shall guarantee compliance of the product or service delivered to Belga Translations and undertakes to adhere to the instructions detailed on or supplied with the order.

ARTICLE 6 – Payment and invoicing methods

The order price is the price detailed on the purchase order.

The price established in the order is fixed, final and cannot be revised. This price includes, unless otherwise stipulated, all fees and taxes. Any fees and taxes not initially specified shall not be accepted by the purchaser and shall be borne exclusively by the supplier.

The service provider shall draw up and send their invoice by the last day of the month at the latest.

Belga Translations will pay supplier invoices 60 days following receipt.

ARTICLE 7- Quality

The language service provider undertakes to deliver quality work, notably that is to say free from the following faults, without this list being exhaustive: misinterpretations, mistranslations, omissions, additions, spelling mistakes, typing mistakes, grammar mistakes, non-compliance with the glossary or terminology in the reference document, lack of consistency and generally, anything that could lead to unacceptable quality.

ARTICLE 8 – Confidentiality

All information, of any nature, supplied to the service provider by Belga Translations, at any time, under the contract, shall be considered confidential by the service provider.

Such information shall not be published or disclosed to any third parties. The information shall only be used by the service provider for the purpose of fulfilling the order.

This obligation shall remain in force even in the event of completion, cancellation or termination of the contract.

ARTICLE 9 – Non competition

The service provider shall refrain from working directly or indirectly with clients of Belga Translations for whom the service provider has completed projects through Belga Translations, except in the case that the service provider already worked for the same client prior to their collaboration with Belga Translations, in which case the service provider undertakes to provide proof of this prior working relationship on first request.

If a client or intermediary of Belga Translations contacts the service provider, either directly or indirectly, requesting that they undertake work, the service provider is obliged to inform Belga Translations of this immediately.

These obligations shall remain applicable for 5 years after the last delivery is made.

ARTICLE 10 – Property and restitution

10.1.
The supplier assigns to Belga Translations all intellectual property rights (that may already exist or not or that may exist in future), which are or may become works protected by copyright anywhere in the world.

In each case, the supplier shall, on request from Belga Translations, execute all necessary formalities to transfer any right, property title or interest in all works and services to Belga Translations.

The rights and obligations shall remain in force after expiry of the contract, within the context of work or services completed by the service provider under the terms of the contract and will bind the service provider or their beneficiary under law.

10.2.
The service provider must return to Belga Translations immediately and on request, at the service provider’s own expense, all documents, resources, items or equipment at the end of the work, for whatever reason.
The service provider must not appropriate or make use of works assigned for their own benefit.

ARTICLE 11- Liability

The products or services must be delivered in accordance with the instructions from Belga Translations.

Any damage incurred during transportation shall be the responsibility of the supplier, this includes damage that is discovered at a later date, unless the supplier is able to demonstrate an instance of force majeure.

The supplier is responsible for any damage, incurred by Belga Translations or third parties, which results from actions or omissions on the part of the supplier or their personnel.

Notwithstanding the responsibility of the supplier under its contractual obligations, the supplier is responsible for any damage incurred by Belga Translations or third parties, which are the result of a defect inherent to the supply delivered that consequently compromise the quality of service.

The supplier is obliged to indemnify Belga Translations against compensation claims from third parties after having attempted to secure an amicable settlement with said parties.

ARTICLE 12 – Burden of proof

In the event of any disputes, it falls to the supplier to prove that they have performed their obligations correctly in a quantitative and qualitative manner.

ARTICLE 13 – Termination of the contract and penalties

13.1
In the event that the supplier breaches any one of its obligations, Belga Translations is entitled to terminate the contract unilaterally and without any formal notice whatsoever and without prejudice to its right to compensation. Notably in the following cases: the supplier

– is responsible for a breach or violation of one of the terms and conditions contained in this document;
– is subject of a bankruptcy or insolvency procedure or liquidation;
– is incompetent and/or neglects or fails to perform any one of its duties and obligations under these terms and conditions.

13.2
Belga Translations shall be entitled to cancel the order either in full or in part for work or services, by notification to the supplier at any time before delivery or execution, without incurring any liability towards the supplier other than payment for works or services already delivered or executed at the time of said notification.

13.3
If the works or services are not supplied or performed in accordance with the instructions provided in the purchase order or accompanying email, if the work submitted does not adhere to Belga Translations’ quality standards and, generally, for any breach on the part of the service provider in executing any one of the obligations referred to in the general terms and conditions of purchase or in the instructions accompanying the order, Belga Translations may:
– require the service provider to perform the work or services again within 2 days or
– consider the contract terminated for breach on the part of the service provider, regardless of whether Belga Translations has previously required the service provider to perform the work again or not,

– impose a penalty 50% of the overall amount of the order excluding taxes, uplifted by any sums that are claimed by Belga Translations’ client as a result of the service provider’s breach of their commitments and amounts that Belga Translations may incurred to improve or re-do the work that was previously entrusted to the service provider, and require the reimbursement of any part of invoices already paid.

ARTICLE 14 – Applicable law in the event of dispute

Belgian law shall be exclusively applied to the contract concluded between Belga Translations and the supplier and to any dispute arising therefrom. Belga Translations’ place of establishment determines the applicable law by virtue of this clause.

Any dispute relating to the interpretation, execution, validity, conclusion or termination of the contract shall be resolved through the courts and tribunals located in Belgium.