General Terms and Conditions:
These General Conditions (hereinafter referred to as “Conditions”) set out the general framework for business relations between S.C. SYNCRO TRANSLATION SERVICES S.R.L., with registered office at Bulevardul Decebal nr 12 bl. S7, Sc.1, Et.5, Romania, 011224, Bucharest, Romania (hereinafter referred to as SYNCRO TRANSLATION SERVICES) and its Clients (hereinafter referred to generally as the “BENEFICIARY”).
1.1. These Conditions form an integral part of any specific Contract for translation services entered into between SYNCRO TRANSLATION SERVICES and the BENEFICIARY, deemed as applicable for the entire duration of the business relationship conducted between the Parties. These Conditions apply to all types of contracts provided by SYNCRO TRANSLATION SERVICES. These Conditions shall be deemed as accepted by the BENEFICIARY when the latter submits an order in acceptance of a received Quote, by submitting documents outlining a service provision or by accepting the supply of any other service offered by SYNCRO TRANSLATION SERVICES. Transmission of an Order in acceptance of a Quote, submission of documents outlining the scope of a service provision or by accepting the supply of any other service shall be proof of the BENEFICIARY’s explicit acceptance of these General Conditions, thus establishing a legal relationship between the Parties with relation to the rights and obligations.
1.2. A legal relationship is established between the Parties when SYNCRO TRANSLATION SERVICES is informed of the acceptance of these Conditions, availing of one of the aforementioned means. SYNCRO TRANSLATION SERVICES reserves the right to amend these General Conditions. The BENEFICIARY shall be notified of any amendments upon their being posted on the SYNCRO TRANSLATION SERVICES portal: www.syncrotranslation.ro. Any amendment shall come into force starting from the 5th business day after being posted on the www.syncrotranslation.ro portal.
2.1. The following terms used when conducting business between the Parties are defined as such:
a. Contract — The Contract entered into between SYNCRO TRANSLATION SERVICES and the BENEFICIARY, including these General Conditions and the annexes thereto, the Quote and any other documents, which may be periodically amended;
b. BENEFICIARY — any natural or legal person or entity with/without legal personality that buys translation services from SYNCRO TRANSLATION SERVICES.
c. Translation — the transposition of a text from a source language into a target language, being as supplied by the BENEFICIARY.
d. Translator — a subordinate of SYNCRO TRANSLATION SERVICES or a person who – in collaboration with the former – has the knowledge required to provide translation services.
e. Certified translation — a translation completed, signed and stamped in compliance with the legal provisions in force, by a translator authorised by the Ministry of Justice.
f. Notarised translation — a certified translation legalised by a notary public, in compliance with the legal provisions in force.
g. Error — a translation service rendered in a form that is not in compliance with the conditions set out in the relative Contract and/or Purchase Order.
h. Source text — text sent by the BENEFICIARY to SYNCRO TRANSLATION SERVICES for translation.
i. Submission — an original document supplied by the BENEFICIARY to SYNCRO TRANSLATION SERVICES for translation services. The condition of the submissions, along with the reliability of their source, are the sole responsibility of the BENEFICIARY.
j. Source language — the language from which a translation is completed, being that in which a source text is written.
k. Target language — the language into which a translation is completed.
l. Quote — an estimate of the cost and duration needed to complete a translation, for information purposes only. The moment SYNCRO TRANSLATION SERVICES authorises a final Quote which is then signed by the BENEFICIARY or its authorised representatives, it shall become a Purchase Order, thereby enacting a contractual relationship with legal effects.
m. Urgent translation — the translation of a text exceeding 8 pages/day. A delivery term is calculated from the first business day following the day when the relative order is accepted.
n. Urgency rate — “urgency” means the completion of more than 8 pages per day at the request of the BENEFICIARY. The urgency rate is calculated and listed in a Quote by applying a variable additional percentage to the rates that SYNCRO TRANSLATION SERVICES would charge for a normal delivery term of the same translation.
o. Non-conforming translation — a translation that does not meet the conditions set out in a relative Contract or Purchase Order.
p. Difficulty of translations — an assessment, under the conditions of a Package chosen by the BENEFICIARY, of a rendered translation service and the equivalent quality thereof. For Beneficiaries that do not opt for a translation Package, difficulty shall be assessed based on the following criteria: the translator’s specialisation, field of the text to be translated, amount of technical terms and so on.
q. Order — a communication in which the BENEFICIARY orders services from SYNCRO TRANSLATION SERVICES, consisting in the translation of documents stated in the aforementioned’s Quote Request. An order shall cite all and any task the PROVIDER must take into account when providing the relative translation services, such as but not limited to, source language-target language, regular deadline/urgent delivery, selected Package and the like.
r. Service Packages — offers with services provided by SYNCRO TRANSLATION SERVICES. The Service Packages are subject to these Terms and Conditions. SYNCRO TRANSLATION SERVICES reserves the right to change the Service Package conditions. Changes shall be posted on the SYNCRO TRANSLATION SERVICES portal: www.syncrotranslation.ro. Any modifications shall apply directly to the BENEFICIARIES within 5 (five) business days after being posted by SYNCRO TRANSLATION SERVICES.
s. “Standard Package” — an offer for translation services, completed by translators with at least 5 years’ experience in the field. The extended version of this offer can be found in Annex no. II hereto;
t. “Plus Package” — an offer for translation services, completed by translators with at least 5 years’ experience in the field, plus a semantics and grammar check. The extended version of this offer can be found in Annex no. II hereto;
u. “Elite Package” — an offer for translation services, completed by a native-speaker translator with at least 5 years’ experience in the field, a specialist revision plus a semantics and grammar check. The extended version of this offer can be found in Annex no. II hereto;
v. The BENEFICIARY may opt for the Service Package as needed, which shall be mirrored in the Quote received.
w. Page Layout Services — provided on request, subject to an additional fee. Page Layout Services involve translating a text/document supplied by the BENEFICIARY, maintaining the original layout and formatting. Hence, the translation service only modifies the written text, as translated into the target language. The Page Layout Service that is charged additionally involves maintaining or reproducing images, diagrams, symbols and other formatting, the creation of tables, figures or graphics. Page Layout Services can be offered depending on the format of the documents, as supplied by the BENEFICIARY.
- Conditions for Submitting an Order
31. An order can be placed directly via the portal: www.syncrotranslation.ro, stating the chosen Service Package or by sending an email to one of the addresses in the Contact section, or by fax or in person to the SYNCRO TRANSLATION SERVICES office. For an order to be accepted, the BENEFICIARY shall supply the following identification data: name, registered office, Tax Identification Number, Business Register number, bank account number, bank name, contact details and legal representative. The BENEFICIARY shall be solely responsible for the accuracy of the data provided and, should such data be incomplete or erroneous, SYNCRO TRANSLATION SERVICES reserves the right to ask for clarifications or to refuse such an order.
3.2. An order shall only be performed based on a Quote prepared by authorised representatives of SYNCRO TRANSLATION SERVICES (with Service Packages containing data for information purposes only), an express and unambiguous written acceptance thereof from the BENEFICIARY, as filled out with all the aforesaid identification data, conveyed in person, by a legal representative or proxy, sent via email or fax.
3.3. Quote confirmations received after 5:00 pm shall be deemed as received on the next business day. SYNCRO TRANSLATION SERVICES may request an advance payment of up to 40% of the value of the work to be provided. Advance payment is understood as an amount of money, as mutually agreed upon, paid to the PROVIDER prior to the provision of the service. If the BENEFICIARY withdraws from the Contract or the Contract is terminated due to the BENEFICIARY’s failure to maintain their obligations, the BENEFICIARY shall forfeit the sums paid as advance payment. If the BENEFICIARY refuses to complete the advance payment, SYNCRO TRANSLATION SERVICES may refuse to perform the relative order.
3.4. Natural person BENEFICIARIES may be asked to pay the entire quoted amount in advance, upon submission of the order. The cancellation of a Purchase Order may only occur by a mutual agreement with authorised representatives of SYNCRO TRANSLATION SERVICES. If an order is cancelled, the BENEFICIARY shall be liable to pay for the services already rendered by SYNCRO TRANSLATION SERVICES up to the effective date of such cancellation of the order.
- Payment Terms
4.1. For translation services, the price per translated page is specified for each language combination, according to the Service Package chosen by the BENEFICIARY. For urgent orders, an urgency rate shall be added as per the aforementioned conditions. Prices expressed in foreign currencies shall be paid in RON, at the exchange rate published by the NBR on the invoice issue date.
4.2. Invoices shall be issued upon delivery of the translation, in RON. The BENEFICIARY is obliged to pay the invoice amount or any potential difference arising between the final invoiced amount and the original (advance payment) invoice as initially drawn up, within 15 days or by the deadline mutually agreed upon in the Contract. In view of the specific services provided, the BENEFICIARY and SYNCRO TRANSLATION SERVICES mutually agree that any invoice issued by SYNCRO TRANSLATION SERVICES – whereby the BENEFICIARY raises no objections or oppositions within 5 days from the invoice reception – shall be considered as clearly accepted for payment by the BENEFICIARY.
4.3. Translations for which the Page Layout Service was requested shall be subject to an additional page layout fee, to be paid as included in the final price of the translation requested as such.
4.4. Fees for legalisation, apostilles or complex formatting, notary public dues or pagination costs shall be paid additionally. The Parties agree that invoices issued by SYNCRO TRANSLATION SERVICES under the Contract entered into by the Parties and/or based on a Purchase Order for a translation issued in compliance with these General Conditions contain certain, liquidated and payable dues.
- Obligations of SYNCRO TRANSLATION SERVICES
5.1. SYNCRO TRANSLATION SERVICES undertakes to deliver the translations within the timeframes established. The time period commences from when the material sent by the BENEFICIARY is received/accepted, not including the day of receipt and day of delivery. Delivery dates shall be set out in the Purchase Orders. SYNCRO TRANSLATION SERVICES shall deliver the work under the terms set out in the relative Purchase Order.
5.2. SYNCRO TRANSLATION SERVICES shall ensure that translators meet quality standards and conditions of the Service Package selected by the BENEFICIARY, thus ensuring the quality of services.
5.3. Under the legal provisions in force, SYNCRO TRANSLATION SERVICES is liable before the BENEFICIARY for damages caused, directly and intentionally, by its sole fault before the BENEFICIARY as a result of its failure to perform, late provision or non-compliant carrying out of its obligations under the stipulated Contract.
5.4. SYNCRO TRANSLATION SERVICES’ liability for the accuracy of rendered services applies whereby the company deliberately fails to comply with the conditions of service provision, as agreed upon with the BENEFICIARY.
5.5. SYNCRO TRANSLATION SERVICES undertakes, in compliance with legal provisions in force, to manage materials supplied by the BENEFICIARY as a competent service PROVIDER and to ensure their confidentiality for the entire duration of this Contract.
5.6. If, during the completion of the translation services, SYNCRO TRANSLATION SERVICES finds certain shortcomings that may alter the quality of the services rendered, such as but not limited to missing pages, erasures, omissions or inconsistencies, the company shall immediately notify the BENEFICIARY and request the remedy thereof.
5.7. SYNCRO TRANSLATION SERVICES reserves the right to refuse to perform a translation if the source text is illegible or it contains erasures, corrections, crossed-out words, additions or other peculiarities impacting up the essential elements of the text (missing signatures, missing stamps, missing date, etc.), whereby such are not confirmed by a signature and an affixed seal of the issuing entity or, where applicable, by the signatures of the issuing Parties.
5.8. SYNCRO TRANSLATION SERVICES reserves the right to refuse an order if such a translation would violate the legal provisions in force, rules of professional and moral conduct, or if the level of difficulty, specialisation or quantity exceeds its skills or capabilities.
- Obligations of the BENEFICIARY
6.1. The BENEFICIARY undertakes to supply source texts for which translation is requested from SYNCRO TRANSLATION SERVICES, in a condition that supports translation.
6.2. Source texts can be submitted via: email/electronic media/courier or in person to the SYNCRO TRANSLATION SERVICES office. SYNCRO TRANSLATION SERVICES is to be immediately notified of any modification or addition to a source text, with clarification on their impact on the text that has already been received.
6.3. The BENEFICIARY undertakes to complete the payment or to pay the remaining balance (whereby a proforma invoice was issued) within 15 (fifteen) days from the issuing date of the relative invoice. SYNCRO TRANSLATION SERVICES and the BENEFICIARY may mutually agree, in writing, upon other payment terms.
6.4. If the BENEFICIARY fails to meet the payment deadlines, the BENEFICIARY shall owe late payment penalties of 0.5% against the amount of services unpaid upon the due date. Penalties may exceed the amount of overdue debts for provided services.
6.5. The BENEFICIARY undertakes to exercise the necessary due diligence for SYNCRO TRANSLATION SERVICES in performing the translation services and shall provide all necessary explanations.
6.6. The BENEFICIARY undertakes to pay the value of the invoice issued by SYNCRO TRANSLATION SERVICES for the services rendered within the agreed deadline.
6.7. The BENEFICIARY is directly responsible for the condition and the source of the texts provided to SYNCRO TRANSLATION SERVICES for the provision of translation services.
6.8. Upon having selected its Service Packages option, the BENEFICIARY cannot complaint to SYNCRO TRANSLATION SERVICES, requesting services or a quality level not in line with the Package chosen. However, the BENEFICIARY may opt to request a revision of the selected Service Package and ask for an increase in quality, subject to a price difference.
- Handling Complaints
7.1. The BENEFICIARY shall notify SYNCRO TRANSLATION SERVICES regarding any obvious and identifiable error or mistake relative to the translations or service provision within 5 business days from delivery. This limit of 5 business days is a limited period and, upon the expiry of such, the BENEFICIARY may not request SYNCRO TRANSLATION SERVICES to remedy any defects detected. As regards unidentifiable or hidden defects, the BENEFICIARY may send a communication to request a work be remedied within 30 days. This notice is to be submitted in writing, clearly stating the error/mistake in question, provided along with the source text. Upon receipt of such communication, SYNCRO TRANSLATION SERVICES shall initiate an internal investigation on the grounds of the complaint, the service provided and the conditions thereof. This procedure shall be concluded upon the sending of a written response to the BENEFICIARY.
7.2. If this investigation finds that SYNCRO TRANSLATION SERVICES is at fault, then SYNCRO TRANSLATION SERVICES shall remedy the error/mistake in question within a reasonable time, as mutually agreed upon, depending on the complexity of the error/mistake, as calculated from the date of findings that concluded the internal investigation procedure.
7.3. If the source of error/mistake is the text supplied by the BENEFICIARY, the latter undertakes to remedy the supplied text quality. In all cases where there are errors/mistakes that cannot be attributed to SYNCRO TRANSLATION SERVICES, the deadline for completing the source text with communicated errors/mistakes shall be suspended until the text quality is remedied.
8.1. SYNCRO TRANSLATION SERVICES and the BENEFICIARY agree to take all reasonable and appropriate measures to protect the Confidential Information received from the other Party against unauthorised use or disclosure, in compliance with applicable legal provisions.
8.2. The following are considered to be Confidential Information, irrespective of how such are transmitted: information marked as confidential by the Disclosing Party, information reasonably believed to be confidential for the Disclosing Party (for example but not limited to: strategic information, business plans, Quote Requests or Quotes for potential clients), as well as data and information protected by law.
8.3. The Receiving Party shall be relieved from keeping such information confidential whereby: (i) the information is publicly disclosed by the Disclosing Party; (ii) the Receiving Party is authorised in writing by the Disclosing Party to freely disseminate the contents; (iii) the Receiving Party already has the information, having procured such legally prior to receiving the content from the Disclosing Party; (iv) the Receiving Party legally procures the information from any source other than the Disclosing Party, provided that such a source discloses the information legally; (v) the information is subject to a legal obligation to disclose.
8.4. The BENEFICIARY agrees that SYNCRO TRANSLATION SERVICES may use its name in business promotion activities, such as but not limited to recommendations, tendering, catalogues and advertisement on the company website.
9.1. In compliance with legal provisions in force, SYNCRO TRANSLATION SERVICES holds authorship rights arising in connection with translation services requested by the BENEFICIARY.
9.2. Upon the BENEFICIARY providing full payment for the provided services, it shall be entitled to copy the translated work for use directly or by its regular affiliates, including for commercial purposes, provided that such copying is not contrary to the normal use of such a work and without bringing prejudice to SYNCRO TRANSLATION SERVICES.
- FORCE MAJEURE
10.1 An act of Force Majeure is an unforeseeable or foreseeable, unavoidable and insurmountable event that objectively hinders – by no fault of SYNCRO TRANSLATION SERVICES and the BENEFICIARY – the completion of an obligation, as derived from the Contract or beyond, following the acceptance of these Conditions.
10.2. An event of Force Majeure shall alleviate the claiming Party from liability, on condition that the claiming Party notifies the other Party within 10 business days from such an occurrence and proves such by producing a certificate issued by qualified bodies under the law. The party invoking the clause of Force Majeure commits to inform the other Party regarding the conclusion of such an event of Force Majeure within 10 days.
10.3. If an event of Force majeure continues for more than 60 days, each Party has the right to unilaterally terminate the Contract or to terminate the established legal relationship.
- Final Provisions
11.1. Any derogation in applying these Conditions to the BENEFICIARY shall be expressly and mutually agreed upon, in writing, by a contract concluded in this respect between SYNCRO TRANSLATION SERVICES and the BENEFICIARY.
11.2. For discrepancies between the Contract and these Conditions, the Contract provisions shall prevail, as concluded with the BENEFICIARY.
12.1. Official contact addresses of SYNCRO TRANSLATION SERVICES:
Bulevardul Decebal nr 12 bl. S7, Sc.1, Et.5, Bucharest.
Any correspondence to SYNCRO TRANSLATION SERVICES shall be deemed as validly conveyed only if sent to the aforementioned official addresses.
- Settlement of Disputes
13.1. SYNCRO TRANSLATION SERVICES and the BENEFICIARY agree that the resolution of any disputes arising from or in connection with the validity of their legal relationship, as born from these Conditions, or stemming from its construction, performance or termination shall first be attempted amicably. If attempts for an amicable settlement fail after 15 (fifteen) days from their arising, such a dispute shall be brought before the competent courts of law within the jurisdiction of SYNCRO TRANSLATION SERVICES.
These Conditions, along with all resulting or connected non-contractual obligations, shall be governed and construed pursuant to the provisions in force under Romanian law.
SYNCRO TRANSLATION SERVICES and the BENEFICIARY declare to have the right, hold the power and authority to fulfil their obligations under these Conditions, and have been authorised, in compliance with legal provisions in force, by the relevant corporate bodies to fulfil such obligations assumed.
By accepting these Conditions, the Parties establish valid, legal and legally-binding obligations.
The BENEFICIARY of translation services shall choose a Package corresponding to its needs for each individual Quote Request. In this respect, the selected Package shall be specified in each subsequent Quote, which shall become an annex to this Framework Contract. If the BENEFICIARY opts for a Service Package that is clearly misaligned with the stated purpose, SYNCRO TRANSLATION SERVICES undertakes to exert due diligence and make the BENEFICIARY aware of potential damages and risks resulting from such an option.
- Standard Package
1.1. The Standard Package provides translation services that transpose the relevant information of a source text supplied by the BENEFICIARY for the specific purpose behind its drafting.
1.2. Translation services in this Package will result in a target text that renders the basic meaning of a source text, as well as the main points mentioned/contained.
1.3. Translations within this package shall be performed by experienced translators, by means of light correction of automatic translations.
1.4. The scope of the Standard Package: translation services related to this package are intended exclusively to the normal activity of the Beneficiary for understanding the text or for personal use. Translations performed within this package can’t be used for publication.
1.5. SYNCRO TRANSLATION SERVICES shall accept no liability for potential damages or prejudices incurred by the BENEFICIARY as a result of opting for the Standard Package. SYNCRO TRANSLATION SERVICES declines any responsibility if the Beneficiary uses the translations for other purpose than its current activity, as well as if Beneficiary’s option for this type of package brings it damages.
- Plus Package
2.1. The Plus Package addresses those Beneficiaries who need translation services for general documents needed to carry out their current work. This Package provides translation services where the target text complies with rules and conventions in the target language at the lexicon, grammar, syntax, and other particular features of the source text.
2.2. Translations for this Package are made by translators with at least 5 years experience in the field.
2.3. The purpose of the Plus Package: the translation services included in this package are suitable for internally used documents. It is not recommended that translations performed within this package be used for purposes that require high accuracy and adaptation, or which accurately respect the rules and conventions of the target language.
2.4. SYNCRO TRANSLATION SERVICES shall accept no liability for potential damages or prejudices incurred by the BENEFICIARY as a result of using the Plus Package for purposes other than those recommended above.
- Elite Package
3.1. The Elite Package is recommended for specialised documents requiring localisation to be used at a global level.
3.2. The Elite Package is aimed at BENEFICIARIES requiring translation services for specialised documents, to be used in conducting their current business or for third parties/clients. Thus, this Package provides translation services where a target text respects the rules, conventions and customs of the target language at a level of lexicon, grammar, syntax and specialised terminology, as well as other characteristic dimensions of the source text.
3.3. Translations for this Package are made by a native-speaker translator and reviewed by a second translator specialised in the field of the source text, thus including a specialist revision and a semantics and grammar check.
3.4. The purpose of the Elite Package: the translation services included in this Package are for the translation of specialized documents. These can be used in relations with public authorities, in relations with third parties, in formal procedures but also for any other purpose.
3.5. SYNCRO TRANSLATION SERVICES shall accept liability for translations competed under this Package pursuant to legal provisions in force.
The Parties declare to accept the Terms and Conditions set forth herein.