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These terms and conditions shall apply to the on-line translation service offered by PTS. Regardless of whether translation orders are placed by the customer in writing or verbally, by telefax or by E-Mail, these orders shall be performed exclusively under these terms and conditions. Any deviations from these terms and conditions shall apply only if they have been confirmed by both parties in writing.
Translating services are currently being offered for the following
languages:
from either of the following languages: Danish, English, French, German,
Russian and Swedish
into English, German, Russian or Swedish as well as from English, French, Greek and Swedish into Greek or Swedish.
The customer may make use of the on-line translating service by sending
a message via electronic mail to the address PTS. Such mail must contain
a definite order as well as the text to be translated. This text shall
furthermore be in an ASCII format. Other formats shall only be accepted
if this has been previously arranged. Texts to be translated may also be
transmitted via telefax or normal post; however, orders made on this basis
shall not be subject to the time frames stated under § 3. The employees of PTS and sub-contractors are not authorized to make any additional oral agreements or to provide verbal assurances which fall outside the scope of these terms and conditions.
PTS shall be obliged to translate texts received via E- mail which do not exceed 5 pages or 12,500 characters in length within 2 working days of having received the text. Should translation orders exceed this length or if they are transmitted by telefax or by normal post, PTS shall inform the customer immediately or at the latest within 24 hours of receiving the order as to the time needed to perform the translation. If the customer agrees to the stated deadline, he shall be obliged to confirm his acceptance by E-mail, or fax. Should PTS not receive confirmation within 24 hours, the order shall be deemed to be canceled; in this event the customer shall not be charged any costs.
We reserve the right to reject any orders without having to provide the reason for such rejection at any time. Such rejection shall be communicated within one working day after the order has been received.
The deadline shall be deemed to have been met if the translated text is received by the customer by E-mail or telefax before the expiry of the stipulated time period or if an attempt by PTS to send the translation 30 minutes before the deadline at the latest does not succeed for reasons for which PTS is not responsible. PTS shall be entitled to render partial performance at all times.
Even in the case of bindingly agreed upon deadlines, PTS shall not bear any responsibility for consequences or circumstances resulting from delays in translating due to force majeure or as a result of circumstances which make it difficult or impossible for PTS to perform a translation - this especially includes strikes, lock-outs, governmental decrees, a breakdown in important means of communications, etc., including when these affect sub-contractors of PTS. These events shall entitle PTS to postpone delivery or performance by an amount of time commensurate with the duration of the impeding event plus an appropriate amount of transitional time, or PTS shall be entitled to partially or completely withdraw from the part of the agreement which has not yet been fulfilled. If the duration of the impeding event exceeds the agreed upon deadline or the deadline stipulated by PTS or it is to be expected that this shall occur, the customer shall not be entitled to damages as a result hereof. If PTS is responsible for bindingly agreed upon deadlines not being adhered to or a deadline is exceeded, the customer shall have the right to claim for damages for any delay. These damages shall amount to 25% of the order value of the portion affected by the delay, Beginning at midnight of the day of the delay these damages shall amount to 50 % of the affected portion. Otherwise these damages shall amount to 50% of the value of the order. These damages shall be limited to 100% of the value of the order; claims exceeding this amount shall be disregarded.
The performances of translating work shall be charged on the basis of the length of the translation, with each order being subject to a minimum charge of $14,--. The client shall have the right to choose whether the billing is to be done on the basis of a line count or character count. Should the client not make any such choice when placing his order, the client shall be deemed to have agreed to be billed on the basis of a line count. The remuneration shall be $1,30 per line (1 line = 55 characters) or $23,-- per 1000 characters of ASCII text, respectively for business or financial text, and between $42,-- and $60,-- for legal text depending on the difficulty of the text. All prices are net (including VAT).
The billing shall be performed by mail. The bills are payable within 10 days of their receipt without discount. PTS shall be entitled to use any payments made by customers to settle older debts regardless of any instructions provided by the customer to the contrary. .
Any balance past due will be subject to interest charges corresponding to interests assessed by commercial banks on open current account loans plus statutory value-added tax. .
The customer shall be entitled to wave, withhold or reduce the amount of the payment - only in the event that he has filed a claim on the grounds of deficiencies or filed a counter-claim which has been upheld by a court of law or if it is uncontested.
PTS shall treat all texts being translated confidentially unless otherwise agreed. PTS shall be entitled, however, to make the texts available to its employees and sub-contractors. Texts and translations shall be deleted following the complete performance of the agreement (payment of the remuneration or effective withdrawal) .
The customer is hereby informed that PTS will electronically process the customer's address in scannable form and in connection with tasks arising within the context of the agreement.
Should any stipulation of these terms and conditions pertaining to translations or agreements relating to these terms and conditions be or become invalid, this shall not affect the validity of the remaining stipulations. Instead, the invalid stipulation shall be replaced by a clause which is commensurate with or which at least approximates a clause which the parties would have agreed upon in order to have achieved the same economic results if they had known the stipulation was invalid. The same shall apply to incompleteness of the stipulations.
In order to ensure that the translation is completed as smoothly and swiftly as possible, you should provide the following information when you send us your texts: .
address: address, contact person, E-Mail, telephone, fax.
desired text-count method for billing (by line or by character) .
the time you need the translation by.
the desired word-processing program .
any additional pertinent information.
Please address your order to the following E-Mail address: monica.lindquist@mbox318.swipnet.se