Commercial Terms of LLC Skrivanek Baltic

1. Main Terms and Conditions

 

1.1. These general commercial terms are determined by SIA Skrivanek Baltic, registration number: 40003626172, registered office: Lāčplēša iela 87C, Riga, LV-1011, hereinafter in the text – Contractor, and its customer, hereinafter referred to as the Customer, but together, the Parties.

1.2. The object of the Commercial Terms is the provision of services, hereinafter referred to as the Orders, which are the forms of business of SIA Skrivanek Baltic, in particular translations and interpretations in accordance with these commercial terms and conditions stipulated in the Order.

1.3. The contractual relationship between the Customer and the Contractor shall be established by drawing up a written Order, including by e-mail, in which the Parties agree on the execution time, order and payment terms of the Order.

2. Translations

 
2.1. The Contractor, in accordance with Paragraph 1, agrees on the Order and executes the Order in the agreed upon language and time, and delivers it to the Customer in the manner agreed.
 

2.2. The Customer undertakes to duly execute the Order accepted and pay the Contractor the agreed price.

2.3. The Customer undertakes to accept the Order in a certain time and way.

2.4. The Customer or authorised representative is obligated to confirm acceptance of the Order by telephone or in writing (including by e-mail), indicating that it was accepted in a timely manner. If the Customer fails to fulfil this obligation and does not provide a reminder about the order within 24 hours after the deadline for placing the Order by telephone or in writing (including by e-mail), the Contractor may consider that the Customer has received the order in time and has not encountered any objection regarding its deadline or the arrangements.

2.5. The deadline to fulfil the Order is not overdue, if the Contractor reiterates – after the Customer’s reminder, that it sent the Order to it and proves that it has already sent it in the time and manner specified in the Order.

2.6. If the Contractor delays the Order without a valid reason, the Customer has the right to claim a penalty of 0.1% of the order amount for each day of delay, but not more than 10% of the Order price.

2.7. If, for evidentiary reasons, it is not possible to transfer the Order to the Customer in the predefined manner, the Contractor shall choose another type of order transfer, the expenses of which shall be covered by the Customer, regarding which it is notified in advance.

2.8. If the Customer fails to submit a claim within the time period specified and does not give a valid reason, but refuses to accept the duly executed Order, the Order is deemed to be executed, and the Contractor has the right to issue an invoice which the Customer is obligated to pay.

3. Interpretations

 
3.1. The Contractor, in accordance with Paragraph 1, agrees on the Order and executes the Order (interpretation) in the agreed upon language and time.
 

3.2. The Customer undertakes to duly execute the Order accepted and pay the Contractor the agreed price.

3.3. The Contractor shall provide interpretation through the interpreter.

3.4. The Customer is obligated to accept the interpretation within the prescribed time limit and in the manner indicated on the order form.

3.5. If the interpretation was performed in accordance with the requirements and within the deadline and the Client has not encountered any claims, the Customer or authorised representative is obliged to confirm in writing, after the interpretation, that the interpretation has been performed in the required quality and time.

3.6. If the Customer fails to submit a claim within the time period specified and does not give a valid reason, but refuses to accept the duly executed Order, the Order is deemed to be executed, and the Contractor has the right to issue an invoice which the Customer is obligated to pay.

3.7. The Contractor undertakes to keep all the information related to the subject of interpretation confidential and also undertakes to keep records of all additional material received by the Customer, in particular, confidential information.

3.8. The Customer is not entitled to request the interpreter(s) to perform another activity not specified in the order; for example, translation, meeting record, etc.

3.9. The Contractor has the right to request payment for all the working hours of the agreed interpreter(s), even if the Customer does not use all of this time.

3.10. The Customer is obliged to provide appropriate working conditions for the specified type of interpretation, including technical equipment, if not ordered by the Contractor.

3.11. The Customer is obliged to provide the interpreter’s transportation from the agreed place to the place where the interpretation is to be performed.

3.12. In the case when the interpreter(s) uses private transportation, the Customer shall, by mutual agreement with the Contractor, cover all travel expenses of the interpreter(s).

3.13. The Customer must provide the translator’s lodging – a single room with amenities.

3.14. The Customer is obliged to provide the interpreter(s) with lunch and rest breaks of at least 30 minutes for every four translation hours.

3.15. An interpretation day is eight (8) hours, including breaks.

3.16. The Customer has the right to compensation for the time that the interpreter has missed.

4. Rights and Obligations of the Parties

 
4.1. If the Customer has an internally approved terminology list, it is desired that the Customer provides such to the Contractor at the time of execution of the Order, or to provide the Contractor with any other materials which help to choose the correct terminology or appoint the responsible person who will provide the necessary consultations.
 

4.2. The Customer must send the materials to the Contractor (for example, protocols, reports, presentations or other materials) of the previous meeting at least three days prior to the interpretation. If this condition is not met, potential claims for the use of inaccurate terms during interpreting will not be considered.

4.3. The Contractor is not responsible for possible consequences related to infringement of the Customer’s copyright.

4.4. The Contractor undertakes to keep all the information related to the subject of interpretation confidential and also undertakes to keep records of all additional material received by the Customer, in particular, confidential information.

4.5. The Customer undertakes not to contact the Contractor’s translator or interpreter without the consent of the Contractor. If the Contractor confirms that the Customer has communicated with a translator or interpreter, the Client undertakes not to disclose any information to the translator or interpreter relating to the particular content of the Customer and Contractor Agreement. If the provisions of this clause are violated, the Customer pays the Contractor a fine of EUR 500.

5. Claims

 
5.1. The Contractor’s Order has defects if it was not executed in accordance with the terms specified in the Order.
 

5.2. A completed translation also has defects if it is not executed with the appropriate grammatical, stylistic or semantic quality.

5.3. If the defects specified in Paragraphs 5.1 and 5.2 are not detected, the Order is deemed to be executed properly and in accordance with the requirements of the Customer.

5.4. Claims must be submitted in writing (including by e-mail). The claims must be substantiated and must indicate the type of defects and, if possible, the number of defects.

5.5. If the Contractor acknowledges the Customer’s claim as substantiated, the Contractor shall rework the Order. In this case, the Customer has the right to receive a discount on the Order price.

5.6. The Customer is given an appropriate discount on the order if the Contractor acknowledges the Customer’s claim, which is not based on the defects mentioned in Section 5.2 or in the case that the Customer refuses the proposed correction.

5.7. The amount of the discount is determined based on a specialist’s opinion or by mutual agreement.

5.8. If a dispute arises between the Parties in connection with a claim submitted within the term of the Customer, in which the defects specified in Paragraph 5.2 are mentioned, both parties initially undertake to resolve the dispute out of court by choosing the opinion of a competent independent specialist. Both Parties shall agree on the specialist.

5.9. The amount of the discount depends on the specialist’s opinion or agreement between the two parties.

5.10. The Contractor shall be liable for any potential damages related to the defects made in the executed Order. The Parties agree that the amount of the claim for damages is limited and the damages are reimbursed up to the amount of the Order price.

5.11. In the case of commercial translations, i.e., if the Customer is a merchant, the Customer is obliged to submit claims of defects to the Contractor without undue delay after it has been noticed, however, not later than within 21 days after the receipt of the Order.

5.12. If the Customer is a natural person, they are entitled to apply for a claim in accordance with the Consumer Rights Protection Law.

5.13. A claim submitted late will not be considered and will be regarded as null and void.

6. Payment Procedure

 
6.1. The price of the Order is based on the current Contractor price list and the price calculation method specified therein.
 

6.2. If the approximate Order price is derived from the approximate number of units only, the price calculation is carried out by adding the real unit (in the target language of the translation) after execution of the translation.

6.3. The Contractor has the right to issue an invoice for the provided services immediately after the execution of the Order, on the basis of the conditions specified in the Order.

6.4. The basis for payment of the Order is an invoice issued by the Contractor and paid by the Customer by the end of the specified payment period.

6.5. If the Customer misses the payment deadline, interest for a late payment is calculated on the amount of 0.01% of the amount due for each day of delay of payment.

6.6. In the case of any contractual payment delay, the Customer’s cash deposit is first credited as interest for late payment, but the remaining amount is credited to the amount of the debt in question.

6.7. By agreement of both Parties, the Contractor may issue the Customer a prepayment invoice of 50% of the Order amount. The prepayment invoice must be paid within the deadline.

7. Personal Data Protection of Natural Persons

 
7.1. The Parties undertake to comply with the requirements of the data protection laws of the persons, including Regulation of the European Parliament and of the Council No. 2016/679 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 (General Data Protection Regulation) namely to ensure that personal data:
 

7.1.1. will be processed in a lawful, fair and transparent way for data subjects;

7.1.2. will be processed for the execution of the Order, and the processing of personal data will not conflict with the Order;

7.1.3. will be processed in such a way so as to ensure the security of the data in compliance with regulatory enactments, i.e. protection against unauthorised or unlawful processing and accidental loss, destruction or damage by means of appropriate technical or organisational measures.

7.2. Each Party shall be responsible for informing the persons (data subjects) of the processing of their personal data as the data controller.

7.3. The Parties undertake not to transfer the received personal data to third parties without the prior written consent of the Party from which it has received personal data. If, in accordance with regulatory enactments, a Party is obliged to disclose personal data it has received, it is obligated to inform the Party from which it has received personal data, unless prohibited by law.

8. The Procedure for Dispute Settlement

 
8.1. Disputes arising from the execution of the Contract or in connection with this Agreement shall be settled by the Parties within 60 (sixty) days. The agreement on settlement of the dispute shall be made in writing and signed by both Parties. The agreement mentioned shall be attached to this Agreement. If no agreement is reached, the disputes shall be settled by the court in accordance with the procedure specified in the regulatory enactments of the Republic of Latvia.
Date: 09.05.2018