Conditions
1. GENERAL
All services provided by ElaN are subject to ElaN’s general terms and conditions,which may also be consulted on ElaN’s website www.elanlanguages.com.General terms and conditions of the client and/or person giving the order, or othergeneral terms forming a part of orders, order forms, etc. do not apply, with theexception of special written agreement between the relevant parties.
2. ORDERS
Orders should be confirmed in writing with an order form or a signed estimate bypost, fax or e-mail. Orders made by telephone should be confirmed in writingwithin 24 hours, if the next day is a working day, in the absence of this, the orderwill be deemed as being null and void. When placing an order, the client and/or theperson giving the order agrees to ElaN’s general terms and conditions. ElaNcannot be held responsible for the incomplete or incorrect invoicing detailsprovided by the client and/or the person giving the order. If the client and/orperson giving the order requires an amendment to a printed invoice, a €50 chargewill be levied for administrative costs.
3. TRANSLATIONS
The material required for translation work should be dispatched to ElaN at theclient’s cost. The costs of dispatching the translation and the aforementionedmaterial to the client will be borne by ElaN, on understanding that this will beeffected by e-mail, fax or normal postal services. Translations provided by ElaNwill be based on the words, expressions and spelling as quoted in recogniseddictionaries. Clients may nevertheless, request that ElaN use their preference fora particular spelling or vocabulary. Clients should provide all the informationrequired to ensure the good outcome of the work required, either before or duringthe issuance of the agreement. If the text contains specific internal abbreviations,the client is requested to provide the meaning of these in full. All translations willbe carried out with respect for professional secrecy, except for those instanceswhere the client has provided a written agreement to the contrary. In the event ofa one-sided cancellation of the order, the client will be obliged to pay ElaN a sumof money as compensation. This compensation will comprise payment of the workalready delivered in accordance with ElaN’s rates and a compensatory paymentequal to 25% of the agreed price, except when a greater sum of compensation isindicated.
ElaN agrees to keep all digital files relating to translation jobs (source texts andtranslations) on its servers for a period of five years. Thereafter ElaN reserves theright to delete these files.
4. LANGUAGE TRAINING
For the language trainings, invoices are made out before the start of the training.The training’s intellectual rights of ownership. If a training session is cancelled more than 24hrs before it is due to take place, this session may be postponed to a later date, without incurring costs. Training sessions taking place on a Monday, need to be cancelled at the latest by Friday noon. In all other cases, these sessions will be considered as having taken place and the client and/or person giving the order forhis/her own internal use. Should violations be determined the client and/orperson giving the order will be called to account for the compensation of thedamages. In any case, the client and /or person giving the order will offer hiscooperation to help recover the damages from third parties from the client’sand/or person giving the order’s environment should they be guilty of violations to ElaN’s intellectual rights of ownership. If the client and/or person giving the orderdecides to cancel a training session, it needs to be done at the latest 48hrs beforethe start of the session, if the next day is a working day, if not, the client and/orperson giving the order will owe 100% of the agreed price for the session.Sessions which are cancelled before this time limit, can still take place, free ofcharge, within one year after the start date of the training. If the client and/orperson giving the order decides to cancel this training completely, however, theclient will nevertheless have to pay 100% of the agreed price. At all times, thecancellation needs to be done in writing, by fax or e-mail, for the attention of ElaNor the trainer involved. A cancellation fee is linked to immersions (intensive orsemi intensive) or specific workshops, because of the loss of income for ElaN andthird parties. Should the training course be cancelled three to one weeks beforethe actual start date, the fee will be 10 % of the agreed price, with a max of €250.Should the cancellation take place less than a week before the start, 50% of theagreed price will be charged.
5. INTERPRETER ASSIGNMENTS
The remuneration for the interpreters is costed per half day or per full day. Thetariffs vary depending on the language. The remuneration is exclusive of travelcosts and meals. At the same time, the client and/or person giving the order commits to supply:
The client is in charge of booking the hotel rooms for the interpreter team and technician, otherwise a handling charge of 15 % of the booking price will be charged.
- If interpreters need to travel and stay overnight for the interpretation assignment a per diem of 25 €/ interpreter/ day will apply for compensation.
- Per diems apply, if the meals are not or not completely provided by the client (in case of multi-day meetings also dinner); interpreters already need to arrive the evening before the meeting in order to be on time for the meeting start;
- Please note: In case of extensive travelling during and outside working hours (9.00 h – 18.00 h) interpreters might charge varying travel day compensation fees.
- a meal for the translator-interpreter and/or technician should the assignment last longer than 3 hrs.
- a room with electrical basic installation which complies with standards as applicable and with sufficient 220 Volt earthed electrical sockets.
- distribution of the infrared receivers and the head phones among the participants + returning and storing them in the suitcases.
- enough space for the technical control panel and interpreter booths.
The delivery and installing of the material normally takes place the day before.The room should be available from the day before the event and should be heatedadequately (min 15° C) the whole time.
The client and/or person giving the order will not, in any case, contact any of theinterpreter(s) directly. The client and /or person giving the order will alwayscontact the ElaN languages coordinator of technician at the scene. Theft ordamage to the delivered material, from the installation to the dismantling of theinstallation, will be at the cost of the client and/or person giving the order entirely.
Conditions of cancellation;
After written confirmation a cancellation fee of 25% of the total amount will apply.
Assignments which are cancelled between 60 and 90 working days before thestart of the event will be invoiced at 35% of the total amount.
Assignments which are cancelled between 59 and 30 working days before thestart of the event will be invoiced at 50% of the total amount.
Assignments which are cancelled between 29 and 15 working days before thestart of the event will be invoiced at 75% of the total amount.
Assignments which are cancelled less than 15 days before the start of the eventwill be invoiced at 100% of the total amount.
6. COMPLAINTS
All complaints should be sent via registered mail with full justifications withinseven days of the delivery of the translation or the execution of the services,failure to do so will render complaints null and void. In the absence of this, thetranslation or service provided will be deemed to have been accepted. Complaintsor disputes about the non-conformity of the translation that is completed withinthe contractual deadline, should be thoroughly substantiated with dictionaries,glossaries, similar text material written by authorised native speakers.Unsubstantiated rejection of a translation does not constitute a reason fornonpayment of the invoice. Should there still be differences about the quality ofthe translation following an investigation of the complaint by ElaN, ElaN or theclient should present the matter to the Arbitration Committee of the BelgianChamber of Translators, Interpreters and Philologists (BKVTF). The ArbitrationCommittee will only pronounce upon the conformity of the translation against thesource text. No single complaint gives the client and/or the person giving theorder the right to suspend payment.
7. DELIVERY DEADLINE - DELIVERY
ElaN is not bound to the delivery and execution deadlines proposed by the clientand/or person giving the order, unless agreed otherwise in writing. The deliveryand execution deadlines quoted by ElaN are provided only as anindication.Exceeding these deadlines may in no way be considered as a contractualerror on ElaN's part, nor shall it give rise to a fine and/or compensation. ElaNmay in no way be held responsible for late delivery or loss of material by thirdparties or damage during dispatch.
8. CIRCUMSTANCES BEYOND CONTROL
In case of force majeure, ElaN’s duties are suspended. In such cases ElaN is onlyobliged to deliver, as well as executing all its other commitments, as soon as thisis reasonably possible.
9. PAYMENT
Invoices are payable within 30 days of receipt of the invoice, net, cash and withoutreduction to the address of the headquarters unless otherwise agreed. The clientremains in all instances responsible for the payment even if ElaN has accepted toissue the invoice in the name of a third party. In the event of dispute, the invoicemust be contested along with a letter including justifications sent by registeredmail within seven days of the date of the invoice. In the absence of such a notificationthe invoice will be deemed to be accepted. Invoices that are not paid or notpaid in full on the due date will give ElaN full authorisation to charge with noadvance warning, an additional 12% interest per annum, as well as a fixed andirrevocable compensation of a further 10% on the amount due, with a minimum of€125. Failure to pay one single invoice by the due date entitles ElaN to lawfullydemand immediate payment of all other invoices even though these may not beoverdue.
10. LIMITED LIABILITY
ElaN may only be held liable in instances of fraud. In all instances, with theexception for fraud, ElaN can only be held liable for the amounts of the invoicedsums or sums paid by the client and/or person giving the order to assignment inquestion. Under no circumstances can ElaN be held liable for indirect damages,including increase in general costs, loss of clients, loss of profits, absence ordamage of electronic data. This list is non-exhaustive.
11. DISSOLUTION
Should the client and/or person giving the order not meet his or her obligations,or in the event of an unavoidable inability, settlement or bankruptcy on the part ofthe client and/or person giving the order, ElaN is legally entitled to end theassignment either partially or completely, or to postpone the execution thereof,without being liable to pay any compensation.
12. COPYRIGHT
Unless expressly agreed in writing, ElaN reserves the copyright to translations,texts and course material provided by ElaN. The client and/or person giving theorder protects ElaN against appeals from third parties in connection with allegedbreaches of property, patent or copyright or other intellectual property rights inconnection with the execution of the assignment
13. SETTLING DIFFERENCES
Belgian law applies to disputes relating to contracts. Any disputes should beaddressed exclusively to the court of Hasselt or the justice of the peace court ofthe canton of Houthalen.