General Terms and Conditions of Cooperation 1 ... - taubesbirojs.lv

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					                                                   General Terms and Conditions of Cooperation
1. General Terms
1.1. The General Terms and Conditions of Cooperation (hereinafter referred to as the "Terms of Cooperation") is the document which
envisages general relations between Ltd “Taubes birojs”, registration No. 40003804533 (hereinafter referred to as the „Service Provider”)
and the client (hereinafter referred to as the „Client”), (both together hereinafter referred to as the „Contracting Parties”); the document lays
down the rights and the obligations of the Contracting Parties during cooperation.
1.2. The General Terms and Conditions of Cooperation shall become an integral part of all business transactions between the Contracting
Parties and shall be binding to the Contracting Parties. The Terms of Cooperation shall be applied in cases when the disputable issues are
not laid down in the agreements concluded by the Contracting Parties, or in cases where they are laid down in an unclear way, which may
cause controversies between the Contracting Parties concerning the contents, form, or fulfilment of the order.
1.3. Apart from the Terms of Cooperation, the relationship of the Contracting Parties shall be stipulated by the agreements concluded
between them, the price list, and the terms of providing the respective type of service.
1.4. The cooperation between the Contracting Parties shall be established by submitting a written order, which can also be submitted by
email, or by filling the electronic order form.
2. Obligations of the Contracting Parties
2.1. The Contracting Parties shall conclude the agreement in writing (or in electronic form) on providing the services.
2.2. The Service Provider shall fulfil the order in accordance with the agreement concluded by the Contracting Parties, in the target
language, and in due time; the fulfilled order shall be delivered to the Client in the way previously agreed by the Contracting Parties.
2.3. The Client shall accept the fulfilled order in the planned time and way, and the payment for the service provided shall be made in
accordance with the terms stipulated in Paragraph 6.1. herein.
3. Submitting of the Order
3.1. The Client shall confirm the consent to comply with these Terms of Cooperation when ordering translation services from the Service
Provider or when using the services offered by the company’s website (www.taubesbirojs.lv).
3.2. The Client shall hand over the source text to the Service Provider in electronic form, or in any other way, previously agreed upon by the
Contracting Parties.
3.3. The Client shall inform the Service Provider about the target use of the translated text.
3.4. In order to ensure good quality of the translation, the Client shall provide the Service Provider with all necessary consultations about
unclear or incomprehensible text, as well as all available supplementary materials.
3.5. While making a written translation, the Service Provider shall ensure that the format and structure of the original text is preserved up to
a maximum extent, whether the source text is submitted in MS Word, Excel, or PowerPoint format.
3.6. The Service Provider shall prepare the proposal for the translation service, which is made in good quality and corresponds to Client’s
wishes and needs; and this proposal shall be sent to the Client with the information on these terms and conditions within 24 hours.
3.7. Before approving the proposal, the Client shall have the right to amend these Terms of Cooperation, submit his own proposal, offer a
new wording of the Terms of Cooperation, or conclude a written agreement.
3.8. All amendments and supplements to these Terms of Cooperation shall be valid if they are made in writing and signed by both
Contracting Parties.
3.9. When confirming the proposal made by the Service Provider in an electronic fashion, the Client acknowledges that the Terms of
Cooperation or the new wording of the terms of cooperation have been read, and in addition to that, the Client also agrees to comply with
these terms and confirms that considers these terms as binding.
4. Receiving of the Fulfilled Order
4.1. The Client or the authorized representative of the Client shall confirm the receipt of a fulfilled order in writing (or in electronic form).
4.2. In case the Client has not inquired about the order within 24 hours from the deadline of the order fulfilment by telephone or in writing (or
in electronic form), the Service Provider shall consider that the Client has accepted the fulfilled order without giving a notice and that there
are no objections concerning the deadline of the order fulfilment.
4.3. The Service Provider shall not be held liable if the Client has not received the fulfilled order sent to the email address indicated by the
Client. The fulfilled order shall be considered as delivered at the moment of its sending.
4.4. In case of internet disruption, the Service Provider shall send the fulfilled order once again to the requested email address, if the Client
has required it.
4.5. The Service Provider shall inform the Client in writing about the delay in order delivery and agree in writing on the extension of the time
limit for fulfilment of the order. In case the fulfilment of the order is delayed without a justified reason, the Contracting Parties shall agree on
the decrease in the price for the service.
4.6. In case the Service Provider cannot deliver the fulfilled order to the Client in the way previously agreed due to a justified reason, the
Service Provider shall agree with the Client on a different time and method of delivery.
5. Time Limits and Prices
5.1. The payment for translation services shall be calculated according to the price list of the Service Provider and the formula of price
calculation indicated in it, unless there is another agreement reached. All prices indicated in the price list are shown in Latvian lats (LVL)
without VAT. The cost of the order shall be sent to the Client in electronic form along with the Terms of Cooperation. In the case of large
volume translation projects, the Service Provider shall have the right to charge a part of the sum as the pre-payment and offer to conclude
the cooperation agreement with the Client.
5.2. In case it is not possible to calculate precisely the price of the order before making the translation, the Client shall be informed of the
estimated price of the translation; the estimated price shall be calculated on the basis of approximate number of words in the source text.
After the fulfilment of the translation, the Service Provider shall make a precise price calculation on the basis of the characters in the text
that have been translated into the target language (characters are counted with spaces). The Service Provider shall prepare the invoice for
the Client on the basis of the volume of the translated text.
5.3. The minimum time limit for the order fulfilment shall be the following business day.
5.4. The Service Provider shall reserve the right to change the price of the service indicated in the price list unilaterally by sending a
notification about it to the Client in the following cases:
5.4.1. if the Client requires that the order must be completed urgently so that it requires working after regular office hours, i.e., at weekends
and in holidays;
5.4.2. if the Client requires that the volume of the translation exceeds 9 000 characters, i.e., five standard pages of translation, per one
business day (the day of receiving the order, weekends and holidays and not included in the time limit for the order fulfilment);
5.4.3. if the Client requires that the order must be fulfilled on the same day it is received.
5.5. In cases stipulated by Paragraphs 5.4.1., 5.4.2. and 5.4.3., the Service Provider shall not be able to guarantee the quality of the order
due to the time constraints, and no claims from the Client shall be accepted for unsatisfactory quality of the service provided.
6. Order of Settlement
6.1. The Client shall pay for the services by transfer to the bank account of the Service Provider within the time limit indicated in the invoice.
6.2. Unless the Contracting Parties have agreed otherwise, the Client shall make the payment for the services received not later than within
ten days from that date of receiving the invoice by transfer to the bank account of the Service Provider, or submit in writing justified
objections or a claim.
6.3. In case the payment of the invoice is delayed, the Service Provider shall have the right to calculate the contractual penalty in the
amount of 0.15 % from the sum of the debt for each day of delay.
6.4. The Service Provider shall have the right to hand over the surveillance over the Clients’ payments and debt recovery to debt collection
companies; in such a case the Client shall pay for the services provided by the aforementioned companies.
6.5. In case the payments are delayed, the Service Provider shall have the right to discontinue providing any further services.
7. Confidentiality
7.1. The Service Provider shall not disseminate the information related to the providing translation services, or any other confidential
information obtained during provision of the translation services to the Client, i.e., their operations and profit. The information available to
general public shall not be considered confidential.
7.2. Notwithstanding the aforementioned, the Service Provider shall have the right to hand over the texts received for translation to the
affiliated companies or third parties involved in providing the service.
7.3. In case of non-fulfilment or unsatisfactory fulfilment of the liabilities, the Client’s personal data shall be handed over to the debt
collection companies for the purpose of debt recovery and entering this data in public databases.
8. Quality and the Terms of Guarantee
8.1. The Client, who is an individual entity, shall have the right to submit written claims in compliance with the applicable Consumer
Protection Law, as well as take advantage of the other rights stipulated by the legislation.
8.2. The Client, who is a legal entity, shall have the right to submit written claims for the defects and quality in the translation within 10 days
after receipt of the fulfilled order.
8.3. In case the Service Provider finds that the claim received from the Client is well-grounded, the correction of the text shall be provided
without remuneration. In such a case, the Client shall have the right to require the decrease in the price of the service.
8.4. The Service Provider shall not guarantee the compliance of the translation to any certain wishes of the of the Client (subjective choice
of terms, interpretation of the text) or to appropriateness of the translation for its target use, unless, before the translation of the text, the
Client has not provided the list of terms or supplementary materials in the target language and the consultations concerning the text.
9. Liability
9.1. When the Contracting Parties use an electronic means of communication, the Service Provider shall not be held responsible for loss
occurred as the result of disturbances in the use of postal, facsimile, or electronic services, as well as in the use of all other means of
communication and technologies which ensure the possibility for the Service Provider to conduct its business operations.
9.2. The Service Provider shall not be held responsible for delays in delivering the order, its disappearance, as well as any mistakes or
distortions that have appeared during the transmission if they have occurred as a result of the lack or deficiency of the equipment (including
computer viruses), difference in time zones, power outages on Client’s side, or any other circumstances that are beyond the control or free
will of the Service Provider.
9.3. The Service Provider shall not be held liable for non-fulfilment of its obligations caused by circumstances that are beyond reasonable
control, including, but not limited to nature disasters, wars, disorders, riots, strikes, acts of civil and military authorities, fire, floods, or
earthquakes.
9.4. In any case, the sum of the liability to be charged from the Service Provider shall be limited to the sum paid by Client for the service.
10. Claim Examining
10.1. The claim must be submitted in writing (or in electronic form). The person who submits the claim must indicate the following: the name
of the legal entity or the name and surname of the individual person submitting the claim, as well as the contact information, the date of
providing the service (date of its delivery), the type of defect along with the evidence, the requirement, and the date and signature of
submitting the claim. The copy of the document confirming that there has been a deal between the Contracting Parties must be added to the
claim.
10.2. The Service Provider shall evaluate the deficiencies in the provided service and inform the Client about the readiness to comply with
the requirement indicated in the claim. In case Client’s requirements are refused, the Service Provider shall explain the basis for doing so.
10.3. The Service Provider shall have the right to refuse accepting the claim, if the Service Provider, before providing the service, had
informed in writing about the following:
10.3.1. the service provided would be reliable, but in the meanwhile had explained deficiencies and indicated that it would not be possible to
ensure the service in good quality, and the Client agreed to use such a service and receive the translation produced within the framework of
the service provided;
10.3.2. the deficiencies have been caused by unsatisfactory quality of the materials received from the Client (list of terminology and etc.).
11. Rights of the Client
11.1. The Client shall have the right to withdraw from the agreement unilaterally (cancel the order), to receive back the pre-payment
deposited, if there has been any, in case the Service Provider cannot ensure the fulfilment of the service in the planned time and the Client
is not interested in the fulfilment of the agreement (e.g., the compliance with the time limit was particularly important to the Client and the
delivery of fulfilled order even with a small delay has lost its importance).
12. Rights of the Service Provider
12.1. The Service Provider shall have the right not to accept the order from the Client disregarding the reasons to do so.
12.2. In case the Client cancels the order which has already been fulfilled, the Service Provider shall have the right to request the payment
for the translation work completed by sending the completed part of the translation within an hour after the cancellation of the order.
13. Closing Provisions
13.1. All disputes and controversies that might arise between the Contracting Parties shall be settled through negotiations. If it is not
possible to resolve the dispute through negotiations, its resolution shall be taken to court in accordance with the applicable legislation of the
Republic of Latvia.
13.2. The Service Provider shall draft and lay down these Terms of Cooperation, price list, and the terms of providing the service.
13.3. The Client shall have the right to get acquainted with these Terms of Cooperation on the web page of the Service Provider
(www.taubesbirojs.lv).
13.4. If a court of competent jurisdiction finds on the basis of certain reasons that any part (point or paragraph) of these General Terms and
Conditions of Cooperation is void, illegal, or inapplicable, the invalid part shall be separated from the text of the Terms of Cooperation and
the remaining paragraphs of this document shall remain valid.
13.5. The titles and numbers in these Terms of Cooperation are used solely for the sake of convenience, and they cannot be used for the
interpretation of the purpose of the text.

				
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