GENERAL TERMS AND CONDITIONS
for translation services provision by Aglaya 11 EOOD Translation Agency
These General Terms and Conditions govern the relationship between Aglaya 11 EOOD Translation Agency (hereinafter referred to as the “Agency”) and the translation service user (hereinafter referred to as the “Customer”).
These General Terms and Conditions, together with the Special Terms and Conditions specified in a contract with the Customer or an order by the Customer and the corresponding Confirmation of a request by the Agency, constitute the entire agreement for the provision of translation services. In the event of a conflict between the General Terms and the Special Conditions, the latter shall apply.
The terms and concepts used in these General Terms and Conditions shall have the following meaning:
CUSTOMER: A natural or legal person commissioning the services provided by the Agency.
TRANSLATOR: a person with appropriate language qualifications who translates/interprets;
/WRITTEN/ TRANSLATION: Transmission of information from the original language into a target language in writing;
INTERPRETATION: the oral transmission of information from the original language into the target language through speech;
ORIGINAL LANGUAGE: the language in which the original text is written;
ORIGINAL TEXT: the text to be translated;
TRANSLATION LANGUAGE: the language into which the original text is translated;
TEXT OF THE TRANSLATION: the result of the translation process in the translation language;
PROOF-READING: a mandatory final element before submitting a translation, including professional verification of the entire text to correct spelling, grammar, punctuation, factual and typographical errors without interference with the content. The Agency’s proof-reading is included in the translation price. For the proof-reading of somebody else’s /foreign/ texts, a price is charged in accordance with the Agency’s price list;
EDITING – requires additional specialised language and style processing of the translated text. Text editing involves not only perfect knowledge of the language, but also additional linguistic and highly specialised skills of the translator.
DOCUMENT: Texts on paper or in electronic form, submitted for translation.
PROJECT MANAGER: an officer at the Agency who is responsible for the overall implementation of the translation project assigned by the Customer. The project manager accepts and registers the order, enters it with a serial number and date, manages, coordinates, observes the deadlines and execution and finalise the entire service.
LANGUAGE COMBINATION – two languages – the language of the original and the language of the translation – between which the translation is made;
STANDARD PAGE – 1800 characters, including spaces;
SPECIAL CONDITIONS: The additional terms agreed between the Customer and the Agency in a Service Request by the Customer and in the corresponding Request Confirmation by the Agency.
The Agency provides the following services: written translation; translation proof-reading; editing and editing by an expert editor; legalisation; interpretation (simultaneous or consecutive), etc.
Art. 1. Written translation
The Agency provides the written translation service based on the quality management system implemented in accordance with the European standard BDS EN 15038:2006.
1.1. The written translation service is provided by qualified certified translators, registered in the list of the Ministry of Foreign Affairs of individuals, translating documents and other papers from Bulgarian into a foreign language and from a foreign into Bulgarian on the territory of the Republic of Bulgaria and holding a certificate issued by the Ministry. The service includes additional text editing by a second translator – editor.
1.2. When placing a translation order, the Customer shall, in a timely manner, provide the Agency with specific instructions and requirements regarding the performance of the service, e.g. method of spelling (transliteration) of company names, persons, geographical objects, etc., appearing in the text; an expanded wording of abbreviations; with which the Customer wishes the Agency and the translator to comply accordingly; a contact person to additionally clarify the Customer’s requirements, if necessary. If the Customer does not provide specific requirements and instructions in connection with the translation, the translation shall be carried out in accordance with the General translation and editing requirements of Aglaya 11.
1.3. When placing an order for translation of illegible or handwritten material, the Customer shall provide the illegible excerpts from the texts to the Agency as legible. If the Customer does not fulfil this obligation, the translator shall read the text as much as possible and, in the illegible places, make the corresponding translator note, e.g. “Text – not readable” or “text – illegible”.
Art. 2. Proof-reading
2.1. Proof-reading involves professional verification of the entire text to correct spelling, grammar, punctuation, factual and typographical errors without interference with the content. The Agency’s translation proof-reading is included in the translation price.
2.2. Proof-reading of foreign texts is offered as an additional service upon request by the Customer and is paid separately.
Art. 3. Editing
3.1. The editing service involves comparing the correspondence of the original text with the translation in order to provide terminological consistency and style uniformity. It is performed by an editor.
3.2. The editorial service is included in the translation price. This shall not apply in cases where the Customer orders editing of texts which have not been translated by the Agency.
3.3. . The Agency may, at its own discretion, refuse to edit documents translated by the Customer.
Art. 4. Editing by an expert editor
4.1. Editing involves verification of the text from an expert point of view to ensure that the text is fit for the intended purpose. This is done by an expert editor in one language only.
4.2. Expert editing is offered additionally upon Customer’s request and is paid separately.
Art. 5. Legalisation
5.1. The price of document legalisation service is not included in the cost of written translation. The translation shall be calculated separately according to the Agency’s current price list.
5.2. The Agency bears no responsibility in case of refusal by a state authority, not by Agency’s fault, to legalize a particular document.
5.3. If a state authority refuses legalisation not by the Agency’s fault, the latter shall return the document to the Customer and shall have the right to withhold the amount necessary to cover the expenses incurred until the refusal receipt.
5.4. Legalisation deadlines are approximate. The Agency shall not be responsible for a delay, which not due to its fault.
5.5. Legalisation shall be fully paid in advance.
Art. 6. Interpreting
6.1. When ordering interpretation, the Customer shall provide the Agency, within a specified period (approximately 14 days for simultaneous and 7 days for consecutive translation), with information on the location, language combination, duration, number of interpreters required, the field of translation. The Customer shall also provide ancillary materials for the interpreters’ preparation, as well as the program of the event. If such are not provided, the Agency is not responsible for the quality of interpretation and may refuse to provide the service.
6.2. Interpreting is charged per hour. The minimum charging time is one astronomical hour, with each started hour being counted as a full one. The maximum translation time is 8 /eight/ hours per day from the start of the event. Each hour commenced above those 8 /eight/ hours shall be charged at the price agreed in the Special Conditions +50%.
6.3. Interpretation shall be paid for the full time during which the interpreter has been engaged by the Customer, incl. breaks.
6.4. When awarding and/or concluding a contract/agreement for interpretation, the Customer shall notify the Agency in writing or indicate in the agreement a specific time limit within which it will confirm the holding of the event.
6.5. The Agency may refuse interpretation, if no confirmation term has been set as per the preceding paragraph or confirmation has not been received within the period specified in the written notice or agreement.
III. OFFER DRAFTING AND PRESENTATION
Art. 7. Request for an offer: The Customer may submit a request for an offer to the Agency in person at the Agency’s office, by email or fax. The request must include: Customer’s name and details, invoicing data, contact person, e-mail, telephone, type of services, document(s) to be translated, date, place, time/duration and subject of the event, if the request is for interpretation; lead time, original language, target language, possible instructions and requirements.
Art. 8. A Project Manager shall be appointed to analyse the request and prepare an offer. The project manager shall submit the offer to the Customer at the email address provided or verbally at the Agency’s office (depending on the manner in which the translation request has been made and Customer’s requirements for the offer submission).
Art. 9. Several factors are taken into account when calculating the price: specificity of the topic, degree of difficulty, text volume, implementation deadlines, urgency. The number of the original’s standard pages shall be relevant, so the offer shall indicate the approximate price for the service, though it is usually not significantly different from the quoted one. A fixed price shall only be determined if the Agency has explicitly stated that the quoted price is final.
The interpretation offer shall indicate: date, venue, time/duration and topic of the event, number of translators, price per hour/day.
Art. 10. The written translation price quotation is based on one standard page according to BDS (1800 characters, including the intervals, or 30 lines of 60 characters per line).
Proof-reading/editing is charged on the basis of one standard page, according to BDS (1800 characters, including spaces, or 30 lines of 60 characters per line.
Art. 11. The interpretation price quotation is based on astronomical hour.
Art. 12. The minimum order volume is one standard page for written translation and two astronomical hours for interpretation.
IV. OFFER ACCEPTANCE AND SERVICES AWARDING
Art. 13. The Customer shall accept or reject the offer within 10 days from the date of its sending by e-mail or fax or its presentation at the Agency’s office. If the Customer does not accept the offer within the specified deadline, it shall in no way bind the Agency.
Art. 14. The contents of the accepted offer may be modified by mutual written agreement of the parties.
Art. 15. By accepting the offer, the Customer unconditionally accepts and agrees to the provisions of these General Terms and Conditions and assigns the performance of the services.
Art. 16. The offer acceptance and the services award by the Customer to the Agency shall be done by e-mail by electronic order or at the Agency’s office by filling in and signing an order form.
Art. 17. The confirmation of the service by the Agency shall be done by e-mail (if the request was received electronically) or by signing the written order (if the order was submitted at the Agency’s office) and handing over of a copy thereof to the Customer.
Art. 18. By awarding the implementation, the Customer declares its consent to the Agency processing and storing any personal data contained in the translation texts.
Art. 19. The deadline for the execution of the order is calculated in days, for written translations, or in interpretation hours.
Art. 20. According to the agreed deadline, written translation orders are categorized as follows:
- a) standard order – up to 5 standard pages per working day
- b) fast order – 5 to 10 standard pages per working day
- c) express order – over 10 standard pages per working day
Art. 21. Only working days are taken into account for deadlines in days.
Art. 22. When calculating time limits in days, the day of the award and the day of the order submission are not included.
Art. 23. The Customer can receive the finished translation/edition in one of the following ways: in person at the office, by e-mail, by courier.
Art. 24. The courier service cost for the translation sending shall be borne by the Customer, who shall also bear the risk of accidental loss or damage to the documents so sent.
VII. PAYMENT METHODS
Art. 25. The payment for the services provided shall be made against an invoice issued by the Agency. The invoice shall be received by the Customer in one of the following ways:
- a) electronically, via Customer’s e-mail;
- b) in person, at the Agency’s office;
- c) by post, to the mailing address provided;
- d) by courier, at Customer’s expense.
Art. 26. All Customer’s payments shall be made by bank transfer to the Agency’s account within the time limits specified by the Commercial Law or in the agreements with the Customer.
Art. 27. Upon an on-site order at the Agency’s office, the Customer shall pay 50% of the estimated price in advance (determined on the basis of the documents submitted for translation). The final price of the translation shall be calculated based on the finished translation. The balance of the final price shall be paid upon the finished translation receipt by the Customer.
VIII. RIGHTS AND OBLIGATIONS OF THE AGENCY
Art. 28. The Agency shall:
(1) provide quality translation within the agreed deadline.
(2) keep the Customer informed about the contract execution progress.
(3) keep all materials and documents received from the Customer and return them upon request after the order has been completed.
Art. 29. The Agency shall be entitled to:
(1) receive from the Customer the materials and explanations necessary for the order execution.
(2) refuse to complete the started order, if the Customer fails to follow the payment procedure in accordance with these General Terms and Conditions.
(3) refuse to execute the order, if in the course of the order performance the Customer changes its terms.
(4) change the order execution deadline, if the Customer fails to provide the translation materials within the agreed deadline, as well as to suspend or terminate the execution of the order, if the information provided by the Customer regarding the execution thereof is incorrect or incomplete, which has made the order execution impossible.
(5) withhold the finished translation and the originals of the documents until the Customer pays the agreed price.
(6) request a gradual payment for the order, other than those specified in these General Terms and Conditions.
(7) refuse a subsequent order, if the Customer has not paid the previous one.
(8) refuse the order execution without stating the reasons.
Art. 30. The Agency shall not be liable for any damages caused to the Customer or to third parties in the event of any of the following circumstances:
(1) translations, texts and/or documents lost, damaged, destroyed, as a result of force majeure (earthquake, storm, war, strikes, etc.);
(2) where there is unintentional sending of the materials for translation to the wrong postal or e-mail address.
(3) damages or delays caused by problems in the operation of telecommunication companies or Internet service providers.
IX. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
Art. 31. The Customer shall be entitled to:
(1) receive the assigned service within the agreed deadline.
(2) receive back the materials accompanying the translation documents which have been provided for the contract execution.
(3) request information from the Agency about the order execution at any time.
(4) cancel the order after giving written notice to the Agency. In this case, the Customer shall pay the Agency the completed part of the order.
(5) make a written complaint within 7 working days of the order receipt.
Art. 32. The Customer shall:
(1) provide the Agency with the necessary materials and documents for the quality order execution.
(2) pay the order within the agreed term and in accordance with these General Terms and Conditions.
Art. 33. If the Customer refuses to receive the prepared documents, it shall be obliged to pay the Agency the agreed price for the order execution.
Art. 34. The Customer shall submit in writing all specific requirements for the contract until the moment of the offer acceptance. The Agency reserves the right to refuse the order if it does not agree with any specific requirements.
Art. 35. The Customer shall be liable for damages suffered by the Agency as a result of the incomplete, inaccurate or fraudulent information provided by it or non-compliance with the provisions of the general terms and conditions.
Art. 36. If the Customer does not repay the amounts due within the time limits specified in Section VII, it shall pay the Agency a penalty of 1% on the amount due for each day of delay, but not more than 20% of the amount due on the order.
Art. 37. If the Agency fails to execute the order within the specified deadlines, it shall owe the Customer a penalty of 1% on the amount of the order for each day of delay, but not more than 20% of the order amount.
Art. 38. If the Customer fails to fulfil its obligation to pay the due remuneration, it shall be in delay, without the need an execution invitation to be sent by the Agency.
XI. PERSONAL DATA PROTECTION
Art. 40. By accepting these General Terms and Conditions, the Customer agrees to provide the Agency and its employees and contractors with the information contained in the translation materials.
Art. 41. The Agency undertakes to maintain strict confidentiality regarding the translation materials provided by the Customer. The Agency requires its staff and contractors to maintain confidentiality regarding the content of the translation. The Agency is not responsible for any breach of this obligation.
Art. 42. The Agency undertakes to treat the information concerning Customer’s trade secret as confidential and not in any way disclose any data, facts, information and circumstances that became known to it during the process of the translation, including after its completion or handover.
Art. 43. The Agency shall not be responsible for the disclosure of information that was in the public domain prior to its disclosure, its disclosure not being the Agency’s fault, or the disclosure was required by law and an explicit written request has been sent to the Agency therefor.
XIII. THIRD PARTY RIGHTS
Art. 44. The Customer shall ensure that the processing, use, reproduction and/or publication of information, documents and materials provided to the Agency do not violate the rights of third parties. The Customer shall release the Agency and its subcontractors from any liability in respect of claims by third parties in connection with the processing, use, reproduction and/or publication of information, documents and materials provided to the Agency.
Art. 45. The Customer shall allow the Agency to keep the translations for a period not exceeding that necessary to fulfil the purposes for which they are being processed, or until the Customer requests their deletion in writing. The deletion of personal data is restricted by law (e.g. the Accounting Act) on data in contractual or financial documents.
Art. 46. The Customer shall be entitled, within 7 working days of receiving the translation, to make a complaint regarding the translation quality. The complaint shall be made in writing and addressed to the Agency Manager, specifying and describing the inconsistencies of the service with the agreed conditions, established by the Customer
Art. 47. After analysing and identifying the reasons for the non-compliance, the Agency shall propose to the Customer corrective actions, for coordination.
Art. 48. In the event of a conflict between the Agency and the Customer regarding the existence of non-compliance and the need to take corrective actions, the resolution shall be made by an arbitration body after the service performance.
XV. ADDITIONAL PROVISIONS
Art. 49. The Agency shall be entitled to change these General Terms and Conditions and the amendments shall become binding on the Customer if they were in force at the time of the order award.
Art. 50. Any disputes arising between the parties will be settled through negotiations, and if no agreement is reached, they will be referred to the competent Bulgarian court.
Art. 51. The provisions of the legislation in force in the Republic of Bulgaria shall apply to any issues outstanding in these General Terms and Conditions and the Special Conditions.