The date of publishing: 27.02.2017
These General Conditions (hereinafter referred to as "Conditions") establish the general framework for the relations between SC SYNCRO TRANSLATION SRL, located in B-dul Banu Manta, nr. 2 Camera E2-8, Etaj 2, Apartament 4, Sector 1, Bucharest, Romania, 011224 (hereinafter referred to as SYNCRO TRANSLATION) and its Clients (generically referred to throughout the present conditions as "The Beneficiary")
1. Field of application
These conditions are part of all specific contracts in the field of translation between SYNCRO TRANSLATION and the Beneficiary and to be undertaken throughout the course of the relations between the parties. These conditions are applicable to all types of contracts provided by SYNCRO TRANSLATION, as well as all commercial relations undertaken without a contract, or for orders placed without the existence of a service contract. These conditions are deemed accepted by the Beneficiary upon placing an order, receiving translations or providing any other service. Placing the order/receiving the translations/providing the services will constitute the evidence for the explicit acceptance of these general conditions by the Beneficiary, thus creating a legal relationship between the parties, with reciprocal rights and obligations.
The legal relationship between the parties starts when SYNCRO TRANSLATION acknowledges the acceptance of these terms through one of the methods mentioned above. SYNCRO TRANSLATION reserves the right to amend these General Conditions. Any amendment will be communicated to the Beneficiary by posting it on the SYNCRO TRANSLATION portal: www.syncrotranslation.ro. All amendments will come into force from the 5th working day of their publication on the www.syncrotranslation.ro portal.
In developing the relations between the parties, the main used terms are defined as follows:
- Contract - The contract between SYNCRO TRANSLATION and the Beneficiary, including all its annexes and the General Conditions together with their annexes, price offer, price list and other documents, can be periodically amended;
- Beneficiary - any natural or legal person or entity with/without a legal personality acquiring translation services from SYNCRO TRANSLATION.
- Translation - transposing a text from the source language, as it is provided by the Beneficiary, in the target language requested by the Beneficiary.
- Translator - person under SYNCRO TRANSLATION who has the necessary expertise for the provision of translation services.
- Professional translation - the performed, signed and stamped translation, in compliance with the legal provisions in force, realised by a translator authorised by the Ministry of Justice.
- Certified translation - the legalisation of a professional translation by a public notary, in compliance with the legal provisions in force.
- Mistake - A translation service conducted in an inappropriate form for the established conditions of the contract or/and of the order.
- Source text - text sent by the Beneficiary to SYNCRO TRANSLATION, for translation.
- Document - the original documents provided by the Beneficiary to SYNCRO TRANSLATION for the purpose of providing the translation services. The condition of the documents, as well as their source in the sole responsibility of the Beneficiary.
- Source language - the language from which the translation is made, representing the language in which the source text is written.
- Target language - the language in which the translation is made.
- Page - 1800 characters with spaces included, except for forms (diplomas, certificates, etc.) and the like, as well as drafted documents with thumbnails, ideograms, which are billed on the physical page, the source language. We don't use subdivisions, therefore, if the product is below half a page it will be rounded down to the first integer, and if it exceeds half a page it will be rounded up to the first integer.
- Price offer - an estimate on the cost and time needed to submit the translation, for information purposes. It becomes a firm order from the moment it is signed by the authorized representatives of SYNCRO TRANSLATION .
- Emergency translation - The translation of the text with more than 8 pages / day. The deadline is calculated from the first business day following the day on which the order was accepted.
- The Emergency Tax - The term "emergency" means achieving a higher volume than 8 pages per day at the request of the Beneficiary. The Emergency Tax is calculated by applying an additional varying percentage, determined by offer, to the prices charged by SYNCRO TRANSLATION to translate the same documents as in a normal situation.
- Improper translation - Represents a translation that does not meet the conditions set in the contract or the firm order.
- Difficulty - the translation difficulty will be determined within the conditions set in the package chosen by the Client. For those customers that do not opt for a translation package, the difficulty is assessed on the following criteria: technical, medical and specialised texts.
- Order - the notice through which the Beneficiary requires the desired services from SYNCRO TRANSLATION, consisting of translating the documents specified in the order. The order mentions all and any conditions for the translation services, such as (but not limited to: Source language - target language, deadline, normal/emergency conditions.
- Service Packages - represent the SYNCRO TRANSLATION's service offers. The Service Packages are subject to terms and conditions. SYNCRO TRANSLATION reserves the right to modify the conditions offered for the packages. Their changes will be posted on the SYNCRO TRANSLATION portal www.syncrotranslation.ro. The changes will be directly applicable to the Beneficiary within 5 (five) working days from the date of publication by SYNCRO TRANSLATION.
3. Conditions for taking an order
Orders can be transmitted directly by accessing the portal: www.syncrotranslation.ro and by indicating the chosen service package of the Beneficiary or by e-mail, using the addresses in the contact section, by fax or in person at the SYNCRO TRANSLATION office. Upon placing the order, the Beneficiary has to provide identification data such as: name, address, unique identification tax number at the Trade Register, bank account, bank, contacts, legal representative. The Beneficiary is solely responsible for the accuracy of the provided data and SYNCRO TRANSLATION reserves the right to refuse the order in case of insufficient data or any errors.
The order will be made only under the quotation prepared by authorized representatives of SYNCRO TRANSLATION (the service packages containing informative details), signed and stamped by the Beneficiary, through its legal representative or attorney thereof and sent by e-mail or fax.
Confirmed offers received after 17:00 are deemed to be received on the first following business day. If the order volume is high or Beneficiary in question has a negative history or whenever the representatives of SYNCRO TRANSLATION deem it necessary, they will issue a pro forma invoice for 50% of the total estimated value of the bid and the order will be processed only after the Beneficiary will confirm the payment of the invoice.
Beneficiaries that are natural persons will pay, in advance, the entire invoice, estimated at the time of placing the order. Cancelling the firm order can only be made in agreement with the authorized representatives of SYNCRO TRANSLATION. In case of cancellation, the Beneficiary will be responsible for the payment of the services provided by SYNCRO TRANSLATION until the effective date of the cancellation.
4. Payment Terms
Regarding the translation services, the price for every translated page is specified in each language combination, according to the service package chosen by the Beneficiary. In case of an emergency order, the emergency fee will be added in the conditions mentioned above. In case of foreign currency prices, their payment will be made in lei, at the exchange rates displayed by RNB on the day of invoice.
A tax invoice will be issued, in lei, upon sending the translation, the Beneficiary being obliged to pay any difference between the final invoice and the pro forma invoice (advance invoice) drawn up initially within 15 days or within the mutually agreed contract . Considering the specific service provided, the Beneficiary and SYNCRO TRANSLATION will agree that any tax invoice issued by SYNCRO TRANSLATION for which the Beneficiary makes no opposition or objection in paying within 5 days of receiving the invoice, be deemed as unequivocally accepted by the Beneficiary.
In case of legalised translations, apostille documents or complex formats, the taxes, notary fees or paging fees are paid separately. The parties determine that the tax invoices issued by SYNCRO TRANSLATION based on the agreement between the parties and/or on the firm order for the translation issued in compliance with these General Conditions contains certain, liquid and payable debts.
5. The obligations of SYNCRO TRANSLATION
SYNCRO TRANSLATION undertakes to deliver the translation within the agreed deadline. The deadline begins upon confirmation for receiving/accepting the material sent by the Beneficiary and does not include the day of receipt and the day of delivery. The deadline is set in the firm order. The translations will be delivered by SYNCRO TRANSLATION under the conditions established in the firm order.
The translator undertakes to make the translation under the quality and conditions set by the Beneficiary's chosen service package.
SYNCRO TRANSLATION is liable, under the legal provisions in force, for the damage caused, by its exclusive fault, to the Beneficiary, directly and intentionally, due to the non-execution, delayed execution or inappropriate execution of its obligations under the agreed contract, for an amount that can not exceed order.
The responsibility of SYNCRO TRANSLATION for the accuracy of provided services is applicable when it intentionally failed to comply with the performance conditions agreed upon with the Beneficiary.
SYNCRO TRANSLATION undertakes, under the legal provisions in force, to manage the material provided by the Beneficiary with competence and to ensure its confidentiality throughout the term of this contract.
If, while the translation services, SYNCRO TRANSLATION finds any shortcomings, which may alter the quality of the services, such as, but not limited to: missing pages, erasures, omissions, inconsistencies, it will immediately inform the Beneficiary and ask for their rectification.
SYNCRO TRANSLATION reserves the right to refuse performing a translation where the source text is illegible or contains erasures, corrections, cuts, additions or other characteristics regarding the essential elements of the document (missing signatures, stamps, date, etc.), if these are not confirmed by the signature and seal of the body that drew up the document or, where appropriate, through the signature of the parties where it comes from.
SYNCRO TRANSLATION reserves the right to refuse an order if its translation means breaching existing legal provisions, rules of professional conduct and ethics, or if the level of difficulty or specialisation or the amount of material exceeds its powers or capacity.
6. The obligations of the Beneficiary
The Beneficiary undertakes to provide SYNCRO TRANSLATION the source texts, the documents that need to be translated in a proper condition, compatible with their translation.
Providing the source text can be achieved by: e-mail / electronically / courier or personal delivery at the MOD COMMUNICATION office. Any modification or addition to the source text will be communicated immediately to SYNCRO TRANSLATION, indicating their impact on the text.
The Beneficiary undertakes to make the payment or the remaining payment (if the proforma invoice was issued in advance) within 15 (fifteen) days from the date of the tax invoice. SYNCRO TRANSLATION can agree upon other payments terms with the Beneficiary, in writing.
In case of failure to meet the payment deadlines, the Beneficiary will owe a penalty of 0.5% of the unpaid value per day of delay. The penalties may exceed the due service fees.
The Beneficiary undertakes to make all the efforts necessary to carry out the translation services by SYNCRO TRANSLATION and to provide all necessary explanations.
The Beneficiary undertakes to pay the value for the invoice issued by SYNCRO TRANSLATION for the services within the agreed time.
The Beneficiary is directly responsible for the condition and source of the documents provided to SYNCRO TRANSLATION for the translation services.
The Beneficiary commits to the chosen service package and cannot report SYNCRO TRANSLATION or require services at a different quality level than the one that was specified in the selected package.
7. Handling complaints
Any error or mistake in regards to the Translations or the provision of services will be notified to SYNCRO TRANSLATION by the Beneficiary within 5 working days from the date of their provision. The 5 day period is a limitation period and after its expiry the Beneficiary can no longer request SYNCRO TRANSLATION to correct the error in question. The notification will be made in writing, by indicating the exact error/mistake in question, as well as the source text. After receiving the notification, SYNCRO TRANSLATION will trigger an internal review on the merits of the complaint, provided service, performance conditions. This procedure ends by writing a response to the Beneficiary.
If SYNCRO TRANSLATION is at fault, then it will fix the error/mistake in question within a reasonable period, agreed upon by both parties, depending on its complexity, from of the date of its finding following the internal procedure.
If the source of the error/mistake was the text provided by the Beneficiary, the latter undertakes to remedy its quality. In every case regarding errors/mistakes that are not attributable to SYNCRO TRANSLATION, the deadline for the completion of services on the specified source text is suspended until the text is rectified.
SYNCRO TRANSLATION and the beneficiary agree to take all reasonable and appropriate measures to protect the confidential information received from the other party against unauthorized use or disclosure within the legal provisions in force.
The following is considered information regardless of the manner of transmission: the information marked as such by the holding Party, information which is reasonable to assume that is confidential to the holder (ie but not limited to: strategic information, business plans, offer requests or offers for potential customers), as well as data and information protected by law.
The receiving Party will be exempt from liability for confidentiality if: the information was publicly disclosed by the holding Party, it has been authorized in writing by the holding Party to disclose the information without limitation, the information was known to the receiving Party, legally, before receiving it from the holding Parting, it legally obtained the information from any source other than the holding Party, provided that the source had revealed the information legally, the information is subject to legal disclosure obligations.
The Beneficiary agrees that SYNCRO TRANSLATION can use its name in promotional activities such as, but not limited to: referrals, offers to participate in auctions, presentation catalogue, web page advertisements.
Within the legal provisions in force, SYNCRO TRANSLATION holds the copyright from the the translation services required by the Beneficiary.
After the full payment for the services by the Beneficiary, it will have the right to reproduce the translated work for personal use or for the normal circle of its affiliates, only for non-commercial purposes, provided that such reproduction does not contravene normal use of the work and does not cause SYNCRO TRANSLATION any damage. Any other exertion/use by the Client, including for commercial purposes, of the material for which SYNCRO TRANSLATION holds the copyright will not be possible without the prior written consent of SYNCRO TRANSLATION.
10. Force Majeure
It is considered force majeure any unpredictable, inevitable and insurmountable, even if foreseeable, circumstance that objectively prevents, without the fault of SYNCRO TRANSLATION or the Beneficiary, the execution of a contractual or extra contractual obligation, resulted from accepting these Conditions .
Force majeure exonerates the party invoking it, with the requirement of notifying its partner within 10 days from the date of its occurrence and proving it with a certificate issued by the authorised bodies under the law in force. The Party invoking the force majeure clause undertakes to communicate to its partner, within 10 days, the termination of force majeure. If the force majeure exceeds a period of 60 days, each Party has the right to unilaterally terminate the Contract or to terminate the established legal relations.
11. Final provisions
Any derogation from these Terms towards the Beneficiary will be expressly agreed upon in writing by an agreement to this effect between SYNCRO TRANSLATION and the Beneficiary.
In the event of an inconsistency between a Contract and these Terms, the provisions of the Contract agreed upon with the Beneficiary will prevail.
The official communication addresses of SYNCRO TRANSLATION are:
B-dul Banu Manta, nr. 2 Camera E2-8, Etaj 2, Apartament 4, Sector 1, Bucuresti, Romania, 011224.
Correspondence to SYNCRO TRANSLATION will be considered valid only if it has been communicated to the addresses above.
SYNCRO TRANSLATION and the Beneficiary state that they have the right, power and authority to fulfil their obligations under these conditions and have been authorized under the law in force by the relevant corporate bodies to fulfil their obligations.
By accepting these conditions, the Parties are creating valid, legal and legally binding obligations.
11. Dispute Settlement
SYNCRO TRANSLATION and the Beneficiary agree that any disputes arising out of or in connection with the validity of the legal relationship created from these conditions or arising from the its interpretation, execution or termination will be settled amicably first. If the amicable settlement attempt fails within fifteen (15) days from its initiation, this dispute will be referred to the competent court in the area of SYNCRO TRANSLATION's offices.
These Conditions and any non-contractual obligations arising from or in connection to them will be governed and interpreted in compliance with the Romanian law.
Defining the service packages.
The Economy Package
Choosing the Economy Package, we will help you easily understand informative documents.
The economy package addresses those clients who require informative translation services to conduct their current activities. Thus, this package offers translation services that transpose the relevant information contained in the source text provided by the Client for the specific purpose for which it was drawn. Thus, the translation services of this package will offer the basic meaning/understanding of the source text in the target text, as well as the main issues that the source text mentions/contains.
The translation services of this package will be done automatically by translation software and will be corrected by a native speaker of that language, or by junior translators or ones with experience of less than one year.
The purpose of the Economy Package: the translation services related to this package exclusively addresses the customer's common business. They will not be used, under any circumstances, in relations with public authorities, in relations with third parties or in formal procedures.
SYNCRO TRANSLATION is not responsible for any damages or losses to the Customer as a result of choosing the Economic Package. SYNCRO TRANSLATION denies any responsibility if the client will use the translations for any purpose other than to conduct its current business.
Professional translations are not made available for this package.
The General Package
The General Package is suitable for documents of low and medium difficulty.
The General Package addresses those clients who require translation services for general documents to conduct their current activities. Thus, this package offers translation services where the target text follows the rules and conventions of the target language regarding vocabulary, grammar, syntax and other characteristics of the source text.
With this package, the translations are done by translators in the requested field and benefit from a semantic and grammatical revision.
The aim of the General Package: the translation services related to this package are suitable for documents with domestic destination. It is not recommended that the translations done in this package be used for purposes that require high accuracy and adaptation or compliance with the rules and conventions of the target language.
SYNCRO TRANSLATION is not responsible for any damages or loses to the Customer as a result of using the General Package for any purposes other than those recommended above.
Professional and/or certified translations are available for this package.
The Elite Package
By choosing the Elite Package you will get the best translation services performed by a native specialist for globally used specialised documents that require localisation.
The Elite Package addresses those clients who require specialised translation services. Thus, this package offers translation services where the target text follows the rules and conventions of the target language and the customs of the target culture regarding vocabulary, grammar, syntax and the information in the translated field.
With this package, the translation services will be done by a native translator in collaboration with a specialist in the field to which the source text belongs, benefiting from a professional revision.
The purpose of the Elite Package: the translation services related to this package address the translation of specialised documents. They can be used in relations with public authorities, in relations win third parties, in the formal proceedings, as well as for any other purpose.
SYNCRO TRANSLATION assumes responsibility for the translations made for this package within the legal provisions in force.
Professional and/or certified translations are available for this package.