Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES
These General Terms and Conditions will apply to all the Orders and/or Quotes accepted by the Customer and will automatically become a Contract between the parties, effective from the moment of acceptance of the Quote and/or Order placement. That is, accepting a Quote and/or placing an Order implies that the Customer has been previously apprised and expressly and unreservedly accepts these General Terms and Conditions of Sale and Services that will apply in all their terms, unless indicated otherwise in writing either on the Order, on the Quote or in the Contract that is subsequently entered into between the parties, in which case they will preferentially apply. The start of the execution of the work described in the Quote accepted in writing, unless reliably communicated otherwise, implies that these General Terms and Conditions will begin to apply in their entirety. Verbal agreements or declarations will not be effective unless they are communicated in writing by Fidelia Linguistic Solutions, S.L.
2. Validity, Acceptance and Changes in Quotes
Quotes sent by Fidelia International Translations Limited will have a validity of thirty (30) calendar days from the date of remittance. Once the thirty (30) day validity period has elapsed, the Customer must request a new quote.
Any acceptance of a Quote or Contract by the Customer must be notified in writing to Fidelia International Translations Limited. The execution of the services described in the Quote or Contract will commence upon acceptance thereof. In order to accept any Quote, the Customer must send it by email scanned, signed and sealed by the Manager of the company who requested the quote. Likewise, the Customer must send their tax information (company name, EIN and tax address) to Fidelia International Translations Limited for the purpose of preparing the invoices corresponding to the services accepted by the Customer.
Any change, alteration, rectification or increase in the services requested by the Customer in an accepted quote must be notified in writing and may imply an added cost in the previously accepted quote. These changes, alterations, rectifications or increase in services must be accepted in writing in a new Quote or added to the previous Quote.
3. Prices and Terms of Payment
The prices are those described in the Quote accepted in writing by the Customer. The final price will be comprised of the tax base for the services and 23% of VAT on the tax base. These prices are included in the official rates of Fidelia International Translations Limited, which you can request from your project manager or sales manager.
If specified in the particular terms and conditions of the Quote accepted by the Customer, Fidelia International Translations Limited will charge any cost external to the service as courier, installation or postage expenses required for the Customer to receive the engaged services. Additionally, the Customer will bear all the costs arising from returned cheques, direct debits or transfer fees.
The Customer accepts all the services engaged and undertakes to pay all the services described in the Quote previously accepted in writing, even if the services have been engaged by a third party.
In the event that the Customer falls into arrears with the payment of the services, in accordance with the terms and conditions signed in the Quote, Fidelia International Translations Limited may issue an invoice with a surcharge for late-payment interest at the applicable rate.
4. Invoices and Purchase Orders
Fidelia International Translations Limited will issue an invoice for each Quote accepted by the Customer. The Customer must send their tax information (company name, EIN and tax address) to Fidelia International Translations Limited for the purpose of issuing and sending the invoices corresponding to the Quotes accepted by the Customer. In the event that the Customer requests recurring services during the month, Fidelia International Translations Limited may decide to issue individual purchase orders and a single invoice that groups together all the services provided during the month.
Where relevant and compliant with their company’s policy, the Customer will send the purchase order for each accepted Quote in writing or order placed.
The Customer must pay 100% of any Quote, Order or Contract accepted in writing and in accordance with the particular terms and conditions of the Quote, Order or Contract in question.
Should a Customer decide to cancel an accepted Quote for translation, sworn translation, software localisation, website localisation, document revision and transcreation services, they must notify Fidelia International Translations Limited in writing. Additionally, the Customer will pay 100% of the services provided until the date of cancellation plus 25% of the total quote by way of costs arising from the start-up of the service and means used to execute it.
In the event of cancellation of a Quote accepted by the Customer in an interpreting service, the Customer will pay the accepted Quote in accordance with the following provisions:
– Once the service has commenced, the customer undertakes to pay 100% of the budgeted amount.
– If the cancellation takes place 0 to 24 hours before commencing the service, the customer undertakes to pay 75% of the budgeted amount.
– If the cancellation takes place 1 to 5 days before commencing the service, the customer undertakes to pay 50% of the budgeted amount.
– If the cancellation takes place 5 to 10 days before commencing the service, the customer undertakes to pay 25% of the budgeted amount.
6. Delivery of the Engaged Services
Fidelia International Translations Limited undertakes to meet the delivery date agreed upon in the Quote, Order or Contract accepted in writing by the Customer under normal conditions. However, Fidelia International Translations Limited assumes no liability for any delay in the delivery of the engaged services in the following cases:
– Crashes of mail servers and saturation of Internet lines.
– Postal services.
– When the customer has increased the volume of the services or needs to make changes, rectifications or alterations.
– For reasons beyond the control of Fidelia International Translations Limited.
Due to error or omission, Fidelia International Translations Limited may opt for repeating the job or compensating the Customer in the event of nonfulfilment of the terms and conditions accepted in the Quote, Order or Contract, provided that the Customer has paid the full amount of the accepted Quote or Contract within the time frame agreed upon in the particular terms and conditions of the Quote. Additionally, the Customer has a period of no more than thirty (30) calendar days from the date of delivery of the services to make any kind of claim. After thirty (30) calendar days have elapsed from the date of the delivery of the engaged services, Fidelia International Translations Limited will understand that the Customer is fully satisfied with the services provided.
The style and subjective interpretation of the translated and revised texts will not be the object of discussion or claim by the Customer, unless the Customer has provided style guides and instructions for the engaged services.
Furthermore, Fidelia International Translations Limited assumes no liability after receiving written validation from the Customer in the case of engaged services requiring page proofs.
All the translation, localisation, revision and transcreation services provided by Fidelia International Translations Limited follow stringent quality procedures with documentation, translation, revision and page proofing phases. Likewise, all our professionals and collaborators are highly experienced by speciality and are native speakers of their target languages.
8. Legal Guarantee
The Customer guarantees that any translation, sworn translation, software localisation, website localisation, revision or transcreation service provided by Fidelia International Translations Limited for their company does not violate copyright or other rights arising from intellectual and industrial property. Fidelia International Translations Limited assumes no legal liability in any of the foregoing cases.
Fidelia International Translations Limited assumes that the information, material, products, computer programs, specifications, manuals, business plans, software, marketing plans, financial information and any other information disclosed and delivered by the Customer will be considered confidential and the property of the Customer and Fidelia International Translations Limited will treat it confidentially. Likewise, Fidelia International Translations Limited undertakes not to use this Confidential Information for any purpose other than that of the translation activity during its relationship with the Customer and not to disclose it to third parties.
10. General Data Protection Regulation (GDPR)
Duty of Mutual Disclosure
The parties hereby inform the representatives signing this contract/quote/order that their personal data will be included in corresponding files controlled by each of the parties for the purpose of maintaining their contractual relationship, to which end they must indicate their identifying data, their representation capacity, Spanish National Identity Card Number or equivalent document and signature.
Likewise, the parties guarantee that they fulfil the duty of disclosure with respect to their employees whose personal data are disclosed between the parties to maintain and fulfil the contractual relationship.
The legal basis that legitimises the processing of the data of the interested parties is the need to formalise and execute this contract/quote/order.
The data will be stored for the term of this contract/quote/order and, subsequently, for six (6) years for the purpose of addressing the possible liabilities arising from the contractual relationship.
In addition to the foregoing, the data may be stored while there is a possibility that any of the parties may take legal or administrative action.
In any case, the affected parties may exercise their rights of access, rectification, cancellation/suppression, opposition, limitation, portability and of not being the object of automated individual decisions in writing addressed to the registered office of Fidelia International Translations Limited at _____________________________________________ (to the attention of the Administration Department) or by sending an email to the address firstname.lastname@example.org, attaching a photocopy of their Spanish National Identity Card or equivalent document, specifying their request.
Likewise, should they consider their personal data protection right violated, they may file a claim with the Spanish Data Protection Agency (www.agpd.es).
In the event of conflict arising from the interpretation, fulfilment or nonfulfilment of the Quotes, Orders or Contracts between Fidelia International Translations Limited and the Customer, the parties, expressly waiving their own jurisdiction, agree to subject themselves to the Courts and Tribunals of the city of Dublin.