Traduct’s General Terms of Delivery

Terms of delivery

1. General Terms of Delivery

These General Terms of Delivery are applied to assignments agreed on between Traduct Oy (hereinafter Traduct) and the Client regarding translation services, other related services and, as applicable, also content production services (hereinafter services), unless otherwise agreed by Traduct and the Client in connection with the assignment.

 

2. Client’s responsibility 

The Client shall place at Traduct’s disposal, according to the agreed schedule, the documents required for the ordered service and, if necessary, also auxiliary material, such as previous translations, terminology lists, publications, visual material and any other basic information in the Client’s possession. The Client shall also provide Traduct with any requested clarifications concerning the text (regarding, for example, any ambiguities or deficiencies in the text). 

The Client shall inform Traduct of the intended use and target audience of the text to be translated or produced prior to commencing the work.  The Client shall also agree with Traduct on the method of revision, the method and format of delivery and the layout of the text.

In the event that the Client cancels the assignment, Traduct reserves the right to demand payment for translation work already completed, for preparations made for the incomplete parts of the work and for time reserved for the work, as well any possible delivery costs and other additional costs.

 

3. Traduct’s responsibility

Upon receiving the assignment, Traduct will undertake to make a report on the project and ensure that sufficient information has been received from the Client in order to deliver the service in accordance with the assignment. 

Traduct shall complete the assignment to the best of its abilities, with the professional skills required and according to good translation practices.

 

4. Assignment

An agreement has been concluded once the Client accepts the quote provided by Traduct or the Client otherwise indicates that it has ordered the work. The quotes and cost estimates drawn up by Traduct are not, however, binding unless Traduct has seen the entire text to be translated. Insofar as the assignment is commenced and executed without a written contract or order confirmation, these general terms of delivery are applied.

Traduct reserves the right to decline the assignment if Traduct considers that the assignment breaches the law or is otherwise in breach of Traduct’s policy guidelines. Traduct also reserves the right to decline the assignment if the Client’s financial standing does not meet Traduct’s requirements.

Traduct and the Client will agree on the schedule for delivery and any factors possibly affecting the schedule when the comission agreement is made. In the event that the Client makes significant changes to the assignment after the parties have entered into the agreement, Traduct reserves the right to either change the price quoted and/or the conditions of delivery, or to decline the assignment in its entirety without being subject to sanctions.

The assignment shall be completed within the agreed schedule and the translation will be delivered to the Client according to the agreed method and in the agreed format.  Any possible alterations to the schedule will be agreed separately between the parties.

 

5. Errors and deficiencies

Traduct shall be informed, within 14 days of the delivery of the assignment, of any errors or deficiencies found in the text either in the course of checking it or otherwise.Traduct shall reserve the right to correct any deficiencies or errors found within the agreed schedule.Traduct is also responsible for the translation on behalf of the experts it has consulted, unless Traduct and the Client have agreed otherwise. If the source text is unclear or deficient, the Client or its appointed contact person must deliver the necessary clarifications in order for the responsibility for the translation to remain with Traduct.

Should the Client wish to make changes to the translation other than changes resulting from the identified deficiencies or errors, they shall be made in agreement with Traduct.  Traduct is not liable for changes that the Client makes on their own initiative without agreeing on them with Traduct.

Traduct’s liability never exceeds the value of the assignment in question.  The Client does not possess the right to claim damages for loss of production or loss of turnover or for any other indirect or consequential damages. Traduct is under no circumstances liable for any damages to a third party. Traduct is not liable for any problems related to information technology equipment or systems that are caused by a computer virus, malicious software or any other reason beyond Traduct’s control. Traduct is not liable for any problems caused by the use of the end product produced by the service, or for any problems related to the technical equipment or software of the Client or a third party.  Traduct’s and its subcontactors’ liability to compensate shall in any case be limited to the agreed total value of the assignment.

 

6. Force majeure

Traduct is not liable for any damages arising from a delay in delivery by Traduct or its subcontructors if the delay is due to extraordinary circumstances beyond the control of Traduct and its subcontractors.  Extraordinary circumstances refer without limitation to an illness, fire, storm, natural disaster, strike, boycott, lockout, industrial dispute, state of war, mobilisation, unexpected military call up, currency restrictions, shortage of energy supplies, failure in telecommunication and web communications, rebellion, riot, other extraordinary circumstances and unexpected actions taken by a State.

 

7. Data protection and confidentiality 

The Client and Traduct shall, during and after the contractual period, keep secret all documents, supplementary material and other information relating to the assignment that they have received from one another that are not in the public domain. Data protection and confidentiality also apply to any subcontractors used by Traduct. Special data protection may be applied on a case-by-case basis to such material and information as the Client or Traduct requests be kept confidential.

The responsibility for carrying out the assignment in a confidential and correct manner does not restrict Traduct’s right to use freelance translators or other related third parties to carry out the assignment. The non-disclosure obligation applies to all such parties, and Traduct guarantees the confidentiality of the assignment with a non-disclosure agreement, if required.

The final product will pricipally be delivered to the Client using the same method that was used to deliver the original documents and the related material to Traduct. If the Client does not request in writing that Traduct use a specific alternative delivery method such as, for example, an encrypted e-mail system, Traduct shall not be in violation of the confidentiality agreement by delivering the final product to the Client using the same method as the Client used to deliver the original documents to Traduct.

The Client and Traduct shall, each in their own area of responsibility, ensure compliance with laws and regulations issued by authorities concerning data protection (General Data Protection Regulation 28 May 2018).

 

8. Copyright

Traduct holds the copyright referred to in the Copyright Act (404/1961) to the translation unless otherwise agreed.  Traduct relinquishes the usufruct over the translation to the extent and for the purpose of the assignment.

Unless otherwise agreed, Traduct holds all rights to translation memories created in the course of its work.

 

9. Disputes

Any disputes between the Client and Traduct shall be settled by arbitration. Disputes which cannot be settled through arbitration will be resolved in the District Court in Turku, in accordance with Finnish law.