GENERAL TERMS AND CONDITIONS OF ENGAGEMENT

 

  1. Objectives of the General Terms of Engagement

 

TranzPress Translation, Trade and Services Limited Liability Company (hereinafter called ”Translation Agency”) has issued this document in order to give a general overview of processes and general terms of engagement of the Translation Agency. This document is not intended to constitute a contract since detailed terms of engagement relating to individual services are included in the individual service agreement or framework contract to be concluded with the Client.

 

  1. Legal background

 

Legal relationship between the Translation Agency and its Clients is regulated by the Hungarian Civil Code, the Decree No. 24 of 1986 (26 June) of the Council of Ministers on Technical Translation and Interpreting (hereinafter: Decree), the Decree No. 7 of 1986 (26 June) of the Minister of Justice on the implementation of the Decree and the Act V of 2006 on the Register of Companies, Public Company Information, Court Registration Proceedings and Final Settlement (hereinafter: the Registration Act).

 

  1. Services of the Translation Agency

 

Service: written translation, proofreading and interpreting. Written translation covers any service which results in the translation of a source text recorded on electronic data carrier or in paper document to the target language specified by the Client, in electronic or paper format. Interpreting covers any service which results in the oral translation of a spoken source text to the target language specified by the Client, transmitted directly or in electronic format. During interpreting, the translation can be recorded either by electronic, or by mechanical method (e.g. shorthand notes).

 

Proofreading: review of the translation prepared by the Translation Agency or a similar service provider in terms of grammatical correctness, contents and style, by means of collating the source text with the target text. In addition to that, it involves the verification of terms used in the translation on the basis of professional terminology.

 

Certified translation: On the Client’s request, the Translation Agency can provide its proofread translation with a translation certificate in which it states that the target document corresponds to the source document both in terms of format and style. Certified translation is not identical with attested translation.

 

Attested translation and arranging attestation: if the document sent by the Client for translation is either a certificate of incorporation under subsection (1) of Section 12 of the Registration Act or a document type included in subsection (1) of Section 23/A of the  Registration Act, i.e. company information to be entered in the Register of Companies or a company document (e.g. articles of association, corporate charter, minutes of shareholders’ meeting, minutes of general meeting, specimen of signatures, other company statements, register of members, etc., hereinafter referred to as ”company documents”), the Translation Agency can prepare an attested translation for the Client to the official Community language the company has selected. In this case, the Translation Agency prepares the translation with proofreading, on its headed notepaper, attaches it to the original document and provides the corresponding clause and embossed stamp. Should the Client request any attested translation, document attestation or attested copy in a foreign language, which does not fall into the category of company documents (e.g. documents issued by authorities, notarial attestation, standard legal regulation, patent specification, international agreement, etc.), the Translation Agency shall arrange attestation of the translation by the Hungarian Office for Translation and Attestation, therefore its activity involves translation and the arrangement of attestation for the Client.

 

Consecutive interpreting: a mode of interpreting in which the target text is rendered after a given section of the source text, and the speaker and the audience have direct connection with the interpreter.

 

Simultaneous interpreting: a mode of interpreting in which the target text is rendered at the same time as the target text, and the speaker and the audience have no direct connection with the interpreter.

 

Translation memory: the Translation Agency uses modern computer-aided translation support tools when carrying out its assignments. Accordingly, translations are saved in a language database, which guarantees long-term cost-effectiveness as well as linguistic consistency for the Client.

 

Terminology building: in order to ensure consistent terminology and high-quality translations, the Translation Agency continuously builds specific term bases and terminology for its Clients under a framework contract.

 

4.         Orders

 

Prices of services of the Translation Agency are specified either in a price-list sent on request, or a specific quote given for a job.

In the case of a new client, the order takes place by signing an individual service agreement. The Translation Agency concludes with its regular clients a personalized framework contract based on the Parties’ agreement.

Services ordered for a net value exceeding HUF one million are undertaken by the Translation Agency within the framework of an individual written contract.

In case of recurrent orders, the Translation Agency shall only accept further orders if the Client has no overdue debt or offset claim towards the Translation Agency.

The Translation Agency may request the Client to specify the objective of the translation ordered. Should the Client fail to provide this information, the Translation Agency shall carry out the translation using their best efforts, taking into consideration the Client’s general objectives.

The term of validity of written quotes issued by the Translation Agency is 60 (sixty) calendar days from the issue date. The deadline set out in the quote shall be modified according to the number of working days elapsed between the date of quote and the date of approval.

 

5.         Publication and modification of the General Terms of Engagement

 

The Translation Agency reserves the right to modify this document, either as a whole or in part, at any time. In accordance with this provision, publication refers to displaying documents on the website of the Translation Agency.

 

6.         Rights and liabilities of the Translation Agency and the Client

 

Should the translation or proofreading not be carried out to the expected standard, the Client is only entitled to make a claim for indemnity against the Translation Agency in accordance with the provisions of the framework contract. The framework contract entered into by the Parties in case of order contains detailed information on the Parties’ rights and liabilities, terms of engagement of the Translation Agency as well as the Client’s rights in terms of guarantee.

The Translation shall notify the Client of any circumstance which may put at risk or hinder the execution of the order or the observation of deadlines. The Parties are obliged to co-operate in the fulfilment of the contract.

The Translation Agency hereby informs the Client on the fact that documents translated by the Agency shall be archived at least for 1 (one) year in the way and format chosen at the Agency’s discretion (electronic data carrier or paper document).

 

7.         Handing/taking over translations

 

Depending on the Client’s request, the Translation Agency shall forward the translation completed to the Client by e-mail, FTP, fax, or by courier on CD-ROM or in printed form as requested. The carrier fee shall figure on the invoice issued by the Translation Agency as a separate item.

 

8.         Payment of service fee, settlement of accounts

 

The Client is obliged to pay the service provided by the Translation Agency by the deadline shown on the invoice, by bank transfer to the account of the Translation Agency specified on the order form.

 

Detailed terms of the settlement of accounts between the Parties are set out in the framework contract concluded for orders.

 

9.         Confidentiality and Privacy

 

The nature of the work commissioned and all information given by the Client to the Translation Agency shall be subject to the utmost confidentiality. 

 

The Translation Agency shall not, without the prior written consent of the Client, publicly divulge or bring any such information to the attention of third parties, with the exception of authorised collaborators or subcontractors authorised by the Translation Agency whose operational or consultative roles require them to have access to this information.

 

Confidential Information shall not include any information that Translation Agency can show: (1) was in Translation Agency’s possession free of any obligation of confidence prior to receipt from Client; (2) is independently developed by Translation Agency without access to or unauthorized use or disclosure of Confidential Information; (3) is in the public domain or becomes available to the public through no breach of this Agreement by Translation Agency; (4) was communicated by Client to a third party free of any obligation of confidence; or (5) is received by Translation Agency independently from a third party free to disclose such information to Translation Agency.

 

Translation Agency shall hold the Confidential Information in confidence and shall disclose the Confidential Information only to its employees and contractors directly connected with the services and whose knowledge of such Confidential Information is essential for their work on the services and who have agreed to be bound by this Agreement. Translation Agency shall not disclose the Confidential Information to any other person without Client’s prior written consent.

 

Upon a written request from Client, Translation Agency shall promptly and at its expense either return to Client or destroy the Confidential Information (including all copies thereof), depending on Client’s instructions. The obligations of this Agreement shall survive the return or destruction of the Confidential Information.

 

Client shall keep confidential from unauthorised parties all information concerning confidential, business-related matters and activities of Translation Agency that has become known to Client within the framework of the project assignment, as well as the contact data of translators working for the Translation Agency. Client shall make suitable provision to ensure that unauthorised persons do not find out information about the aforementioned matters and activities. Unauthorised parties are all persons who are not involved in the project ordered by Client.

 

Translation Agency shall handle personal data supplied by Client in accordance with the European Data Protection Regulation (EU) 2016/679 (General Data Protection Regulation) that is applicable as of May 25th, 2018 in all EU member states to harmonize data privacy laws across Europe.

 

 

10.      Settlement of disputes

 

The Client and the Translation Agency shall co-operate in order to settle potential disputes by peaceful means. In case of dispute, the Parties shall submit the case to litigation in the court of competent jurisdiction.

 

11.      Miscellaneous

 

The Translation Agency has been certified ISO 9001:2015, which means that orders are carried out in accordance with the corresponding quality assurance standards.

The Translation Agency feels bound to provide outstanding services, making a contribution to the success of its Clients.