General Business Terms and Conditions and Warranty Claim Code
I. Contracting Parties
Best Biz s.r.o.
U Menhiru 658
252 41 Dolní Břežany, Czech Republic
Company Identification No: 27497208
Tax Identification No: CZ27497208
hereinafter referred to as the “Contractor“
natural or legal person who fills in and sends electronically an order for translation services (hereinafter referred to as the “Client”)
have agreed on the following:
II. Conclusion of Contractual Relation
- By entering an order in the web application at the addresses BizLanga.com (or www.prekladatelna.cz / www.prekladatelna.sk), the Client enters with the Contractor into a contract for translation services based on an offer and on these General Business Terms and Conditions and Warranty Claim Code. The same rules shall apply also to orders confirmed by the Client and realized via email. The Client shall always receive an order confirmation.
- Such an order and its content, specifications and data entered when filling in the form (email order) are binding and establish a contractual relation between the Parties. The Client confirms to have got acquainted with these Business Terms, including the Warranty Claim Code, and expresses its consent with them when sending an order for translation services.
- Any valid electronic (email) order shall contain accurate and complete data and information specified in the form. Otherwise, the Contractor shall not be responsible for any incurred discrepancies and possible misunderstandings, delays or deficiencies. The Client is obliged to pay the Contractor the price for the executed translation, or its part that has been already executed by the Contractor, even in case of entering fictive or invalid data.
- The executed translation shall be delivered electronically via email with an attachment. The address mentioned by the Client in the order or registration form shall be considered as the Client´s email address. The Client shall be responsible for any incorrect data or incorrectly filled in registration form or order caused by the Client.
- The right to dispose of the translation shall be transferred to the Client at the moment of payment, i.e. when the financial means are credited to the Contractor´s account. All the property rights and copyrights shall remain in the Contractor´s ownership until the total price for an order is paid. The Client shall be responsible for the content of translation and rights to the text if they concern copyrights or other property or moral rights. Furthermore, the text shall not oppose the valid legislation and regulations of the Czech law.
III. Price Provisions
- The Contractor is a VAT payer.
- The total price inclusive VAT, mentioned by the Contractor in the price calculation made based on the number of standard pages of a source text (one standard page contains 1 800 characters including space characters), translated language, type of translation (e.g. without certification/with certification), text specialization, and confirmed by the Client, is a final price unless agreed otherwise between the Parties.
IV. Payment Terms and Invoicing
- The Client shall receive the invoice (tax document) only electronically via email. Any invoice shall be stamped and shall serve as a full document for invoicing. The Contractor shall send the printed invoices at the Client´s request for the price according to the valid pricelist. The maturity period of invoices is 14 days.
- We ask always for an advance payment and sending of a payment confirmation by return. The translation shall be assigned after the payment confirmation is received.
- The contractual penalty amounting € 300,- (in words: three hundred Euro) excl. VAT shall be charged additionally to all legitimate receivables that are more than 14 days after the maturity period.
V. Order Cancellation
- The Client may cancel its order. Based on the cancellation, the Client is obliged to pay the already executed translation plus the handling fee € 6,- (in words: six Euro) excl. VAT. After the translation is handed over to the Client or if the Contractor announces that the translation is finished, it is not possible to cancel the order.
- If the Client paid for the translation and only a part of it is translated based on the Client´s cancellation, the Contractor will pay the difference to the Client´s account within 10 days. The period for refund shall begin one day after the day when the Client announces the data for refund.
- If any other costs incur to the Contractor based on the Client´s cancellation (e.g. by ordering graphic works, formatting, correction, etc.), the Client may cancel the order only with the Contractor´s consent. The Contractor is entitled to charge the costs incurred in connection with the order processing and deduct them from the made payment or ask the Client for their payment.
VI. Delivery of Translation
- Any translation of a source text from the source language into the target language, which the Client ordered in the order, shall be considered as a finished translation.
- The order is settled when the translation is sent o the Client.
VII. Takeover of Translation
- The Client is obliged to check the translation, mainly the completeness and accuracy of an order, immediately after its takeover. If the Client finds out any problem or deficiencies, the Client is obliged to inform the Contractor as soon as possible.
- If the Client does not confirm the takeover of translation or does not send any comments on the translation within 3 days, it will be deemed to have received the translation in accordance with the order.
VIII. Warranty Claims
- In case of a warranty claim the Client shall describe the defects of the supplied translation without undue delay, latest within six months after the translation is taken over.
- Regarding the nature of the provided service, all the defects are removable by the Contractor. The Client may demand either their correction or completion of the missing data or information.
- The Contractor is obliged to remove the defects within 30 days or refuse them and explain why the warranty claim is found unjustified.
- No modifications of the translation made by a different entity shall be refunded by the Contractor in any case.
- If the source text contains some terms, preferential terminology, less common abbreviations or abbreviation used by the Client, etc., the Client is obliged to provide the Contractor with a list of the relevant terms in the required target language of the translation, eventually to provide supporting materials with the approved terminology, before the translation is initiated. If this obligation is not met, the Client´s warranty claim based on the diversity of the used terminology may not be taken into account.
- If the defects pointed out by the Client are of a preferential nature, i.e. it is not any defective translation of the source text, the Client´s warranty claim may not be taken into account due to the difference from the Client´s preferred version.
- If the Contractor offers to the Client a proof-reading by a native speaker in the target language of the translation and the Client does not order such proof-reading, the Client accepts expressly the fact the supplied translation does not have to achieve the level of translation executed or revised by a native speaker.
- In case the Client does not order at the Contractor any prepress proof-reading for translations of texts designated for further printing or does not ensure the proof-reading by a native speaker in the target language of the translation in another manner, the Client accepts expressly the fact the supplied translation may not be used for printing without the prepress proof-reading.
- The Contractor shall not be responsible for any original defects of the source text for translation. If the source text is stylistically incorrect, contains material or semantic mistakes, is unintelligible, or has some defects in formatting, word order or grammar, the Contractor is not obliged to identify, correct or point out such defects and mistakes. The Contractor shall translate the text as it is.
- The Contractor shall not be responsible for any advertising texts or slogans that appear at the websites BizLanga.com (or www.prekladatelna.cz / www.prekladatelna.sk) . These are mainly various advertising offers, ordered links or other visible notifications. Any notices, descriptions and other similar slogans and forms located at these websites are not subject to any guarantee or another legal or personal protection in relation to the Client.
- The Contractor shall be responsible for any possible loss caused by defects of the executed translation; however, the maximum corresponds to the price of the translation containing such defects.
- The Contractor is obliged to keep confidentiality towards persons except for the Client as regards all the data and information concerning the content of source texts and executed translations.
- The obligation of confidentiality shall not be applied to the data or information that is publicly known or available already before its announcement or if it is necessary to announce it to the third party based on an obligation imposed by a valid legal regulation or if so requested by a decision and/or measure of a public authority, which the Contractor was obliged to comply with.
X. Protection and Processing of Personal and Other Data
- The Contractor and the Client declare all the personal data shall be confidential and shall be used only for the needs of translation and order processing.
- The Client´s personal data shall be processed in accordance with the Act No. 101/2000 Coll., on personal data protection, and with the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR), see Personal Data Processing and Protection Principles that form a part of the Business Terms and Conditions.
XI. Withdrawal from Contract
- The Contractor is entitled to withdraw unilaterally from a contract concluded by remote communication means or to cancel an order by technical, organizational, commercial or other reasons if the Contractor is not able to operate its websites or run its business activity for a certain period of time, due to any technical troubles or other circumstances. The Contractor is obliged to withdraw from a contract via electronic mail, per fax and by other remote communication means. In such a case the Parties are not obliged to compensate each other any costs or losses that incurred in connection with an order.
XII. Arbitration Clause
- The Contracting Parties have expressly agreed that any disputes that arise in future from all the contractual relations and agreements between the Parties to this Arbitration Clause or from all the unilateral legal acts of either Party to this Arbitration Clause towards the other Party (hereinafter referred to as the “legal relations”), that are established based on the conclusion of a contractual relation (order), as well as any disputes that arise in connection with these legal relations, including the issues of their validity, interpretation, realization or termination, issues of rights arising directly from these legal relations, shall be settled in the arbitration conducted by one ad hoc arbiter. Herewith the Parties authorize expressly the statutory body of Czech Arbitration Centre s.r.o., Company Identification No.: 281 63 427, with the registered office at: Klatovská 515/169, 321 00 Plzeň (hereinafter referred to as “AC”), to choose the arbiter from arbiters being active in AC, and they authorize expressly the arbiter selected in this way to make decisions in accordance with the principles of justice. Any action shall be brought at the address of AC, P.O.Box 183, 304 83 Plzeň, Czech Republic, as the arbiter´s delivery address, eventually personally at the address: Klatovská 515/169, 321 00 Plzeň. Any arbitration is non-public and realized based on presented documents without the requirement of a hearing unless stipulated otherwise by the arbiter. The Arbitration Award does not have to be justified. The rules for fee payment and arbitration procedure are included in the Proceeding Rules published at the websites www.arbitrators.cz. The Parties agree with the wording of Proceeding Rules and consider them as an integral part of the Arbitration Clause. The Parties agree that the arbiter may authorize the third party to perform an administrative and economic activity within the arbitration, and relieve so the arbiter of confidentiality within this scope. Any documents shall be delivered with respect to the appropriate provisions of the Civil Procedure Code. Saving of documents at a sending court shall be substituted by saving of documents at the arbiter and putting them on the official notice board of AC published at www.arbitrators.cz.
XIII. Final Provisions
- Any contractual arrangements included in these Business Terms are binding for both Parties and are governed by the valid Civil Code in accordance with the Czech legal system. Based on the registration, the Client confirms to have read these Business Terms. By sending an order via electronic mail, the Client enters into the rights and obligations mentioned herein. The Parties declare they respect and agree with these Business Terms based on their free will and wish. The Parties agree to observe these Business Terms. The web operator is entitled to change, amend or modify these Business Terms even without any prior notification. The modification of these Business Terms does not have any retroactive effect. In case of any disputes and ambiguities, the Parties shall act peacefully first in order to find a bilaterally acceptable solution.
- By paying the ordered translation, the Client grants the Contractor its consent with publishing of its name, logo and type of order at www.bizlanga.com/references (or www.prekladatelna.cz/reference / www.prekladatelna.sk/referencie), only if an enterpriser is concerned.
These Business Terms come into force on 13. 2. 2020.