GENERAL CONDITIONS

GENERAL

The services provided by Linguix bvba (hereinafter abbreviated as Linguix), with registered office in 2140 Borgerhout - Montensstraat 31, are exclusively governed by the general conditions of Linguix which are also mentioned on the website www.linguix.be. General conditions of customers and/or principals or any other general conditions in orders, order forms or other documents do not apply except following an explicit and written agreement between both parties.

ORDER

Services may be ordered in writing by sending or delivering an order form or signed tender by mail, fax or e-mail, or handing it in at our offices. However at some point Linguix will always request that a signed order form be submitted. Orders placed by telephone must be confirmed within 24 hours if the following day is a working day. In the event of non-compliance, the order will be regarded as not placed. When placing the order, the customer/principal will accept the general conditions of Linguix. Linguix cannot be held responsible for incorrect or incomplete invoicing data or data which are relevant to the order provided by the customer/ principal. Once the order form has been signed, regardless of whether the customer and/or principal subsequently cancels the order for whatever reason, he or she cannot withdraw from his/her obligation to pay. For all orders in excess of the total sum of € 250.00 (exclusive of VAT) the customer and/or the principal must pay an advance of at least 10%. The customer and/or the principal will pay all sums not exceeding € 250.00 (exclusive of VAT) at the offices and this upon collection/delivery of the service requested. Regardless of the amount involved, Linguix reserves the right to demand payment in cash at its offices if it deems that the customer/ principal cannot provide sufficient guarantees for payment. Upon collection of the translation/assignment, the customer/principal will sign for receipt.

TRANSLATIONS

The material needed for the translation work will be delivered to Linguix by the customer at his expense. The costs for delivering both the translation and the aforementioned material will be borne by Linguix insofar as e-mail, fax or regular mail are used. For each translation Linguix will regard the words, expression and spelling in official dictionaries as correct. Nevertheless, the principal can previously communicate his preference for a certain spelling or choice of words to Linguix, possibly on the basis of other official documents. The principal will prior to or during the agreement provide Linguix will any and all information necessary for the correct implementation of the services requested. If the text has specific internal abbreviations, the principal will be requested to provide the meaning of these. Each translation is bound by a duty of professional confidentiality, except for consent in writing from the principal to deviate from this rule. The customer and/or principal will under no circumstances contact the interpreters(s) directly. In the event of the unilateral cancellation of the assignment, the principal must pay compensation to Linguix. This compensation will be composed of both compensation for services already delivered, this according to the tariffs of Linguix, and a fixed compensation equalling 25% of the price agreed, except for proof of greater damage. Linguix will store digital files relating to the translation assignments (source texts and translations) on its servers for a period of five years. Upon expiry of this period, Linguix will delete these digital files.

INTERPRETING ASSIGNMENTS

The fees for interpreters are budgeted on the basis of half or full days. Tariffs vary according to the languages requested. The fees are exclusive of travel costs and meals. The customer will be responsible for the reservation of hotel rooms for the interpreters and the technician. In the event of non-compliance with this requirement, a surplus of 15% of the costs for the hotel will be charged. If an interpreter is required to travel and spend the night for an interpreting assignment, a per diem of € 25.00 (exclusive of VAT) will be charged. Per diems apply if the meals are not or not fully provided by the customer (in the event of assignments lasting several days, evening meals will also be included); our interpreters must already be present the night prior to the interpreting assignment, enabling them to start their assignment on time. If interpreters have to travel long distances outside of working hours (9.00 am ― 6 pm), variable surpluses may be charged by way of compensation. The customer/principal must provide:

― a meal for the interpreter and/or technician if the assignment exceeds 3 hours,

― a hall with a basic electrical installation which complies with the applicable standards and is equipped with sufficient earthed 220-volts outlets, distribution equipment for infrared receivers and head phones for the participants. The customer/principal must also ensure that the head phones are returned and placed back into the cases,

― sufficient room for a technical exchange and interpreter booths. The supply and placement of materials is usually done on the previous day. The hall must be available as of the day on which the event takes places and sufficiently heated during the entire period. The customer and/or the principal will never contact the interpreter(s) directly. The customer/principal will always contact the Linguix contact person or technician on site first. Theft of and damage to the supplied material, from assembly until disassembly (of booths for example), will always be at the expense of the customer/principal.

Assignments may be cancelled on condition that a written request to this end is sent to Linguix by registered mail, taking account of the following limitations: Assignments which are cancelled between 60 and 90 working days prior to their commencement will be invoiced for 35% of the total amount. Assignments which are cancelled between 59 and 30 working days prior to their commencement will be invoiced for 50% of the total amount. Assignments which are cancelled between 29 and 15 working day prior to their commencement will be invoiced for 75% of the total amount. Finally, assignments which are cancelled less than 15 working days prior to their commencement will be invoiced for 100% of the total amount.

COMPLAINTS

Under penalty of being rendered null and void, all complaints must have good grounds and be communicated by registered letter, and this within 8 days of delivery of the translation or other services and/or the invoice, in default of which the translation delivered will be deemed accepted. The postal stamp on the aforementioned documents will serve as proof. Complaints or disputes regarding the non-conformity of the translation which are made within the term of the agreement must be thoroughly founded by means of dictionaries, glossaries or equivalent texts written by native speakers. Any unfounded rejection of a translation does not constitute a reason for refusal to pay the invoice. If following the investigation of the complaint conducted by Linguix possible disputes about the quality of the translation remain, either Linguix or the principal may bring the case before the Arbitrage Board of the Belgian Chamber of Translators, Interpreters and Philologists. The Arbitrage Board will only rule on the conformity of the translation with the source text. Complaints do not give the customer/principal the right to suspend his obligation to pay.

DELIVERY TERMS/DELIVERY

Linguix will not be bound by the terms of delivery and performance set by the customer/principal, except for another provision of commitments in writing. The terms of delivery and performance mentioned by Linguix are purely indicative. Not respecting these terms can under no circumstances be considered as a breach of contract on the part of Linguix, or give rise to a fine or provide entitlement to compensation. Under no circumstances can Linguix be held accountable for late delivery or loss of the shipment by third parties or damage to the shipment during transport. However, Linguix will always state the reasons for late delivery. It will take all action to respect the indicative terms of delivery.

FORCE MAJEURE

In the event of force majeure the obligations of Linguix will be suspended. In the event of force majeure, Linguix will be only be obliged to deliver or fulfil its other commitments as soon as this is reasonably possible.

PAYMENT

Invoices are payable within 30 days of receipt; the postal stamp serves as proof. Invoices are to be paid net, in cash and without any discount at the registered office unless otherwise agreed. The principal will always be co-responsible for payment even if Linguix has agreed to draw up the invoice in the name of a third party. In the event of a dispute, the invoice must be contested by means of a well-founded letter sent by registered mail within 8 days of the receipt of the invoice. In the event of non-compliance with this requirement, the invoice will be regarded as accepted. Each invoice not or not fully paid on the expiry date will be increased with both an interest of 12% per year as imposed by law without any prior proof of default being necessary and a fixed and irreducible sum of 10% on the amount due with a minimum payment of € 125.00 (exclusive of VAT). Non-payment on the expiry date of a single invoice will render the balance due on other invoices, even those not yet due, immediately claimable by law.

LIMITATION OF ACCOUNTABILITY

Linguix may only be held accountable in the event of gross negligence. Except for fraud, the accountability of Linguix will always be limited to the amount of the sums paid or invoiced by the customer and/or principal requesting the assignment in question. Under no circumstances may Linguix be held accountable for indirect damage, including an increase in general expenses, loss of clients, loss of profit, loss, mix-up of or damage to electronic data. This list is not exhaustive.

DISSOLUTION

If the customer/principal does not meet his obligations, or in the event of apparent incapacity, settlement or insolvency of the customer/principal, Linguix retains the right to terminate the assignment either fully or partially or to suspend its implementation without having the obligation to pay compensation.

COPYRIGHT

Unless otherwise explicitly agreed in writing, Linguix will be entitled to the copyright on all translations, texts, course materials produced by it or other services rendered by it. The customer and/or principal will exempt Linguix from claims from third parties in relation to apparent breaches of property, patents and copyrights or any other intellectual property rights in connection with the assignment.

SETTLEMENT OF DISPUTES

Belgian law will apply to contractual relations. Only the courts of the court district of Antwerp or the justice of the peace court of the court district of Antwerp/Borgerhout will be competent.