1. Introductory provisions
These General Business Terms and Conditions govern the provision of translation services and other related services agreed between STENTOR društvo s ograničenomodgovornošćuza usluge (limited liability company for services) with its registered office in Zagreb, UlicagradaVukovara 284, entered in the court register of the Commercial Court of Zagreb under company registration number (MBS): 081103769, personal identification number (PIN): 28042507798 (hereinafter referred to as STENTOR) and the Client (hereinafter: Client) in the field of activities for which STENTOR is registered with the Commercial Court in Zagreb.
By ordering a service provided by STENTOR, the Client accepts these General Business Terms and Conditions. In the event of the subsequent conclusion of a contract between the Client and STENTOR, the provisions of that contract shall have precedence over these General Business Terms and Conditions.
STENTOR undertakes to provide the services in accordance with these General Business Terms and Conditions. STENTOR reserves the right to amend these General Business Terms and Conditions at any moment, and notify the Client in writing thereof if the changes occur during the course of their business relationship.
STENTOR is authorised to transfer its rights and obligations under these General Business Terms and Conditions in whole or in part to a third party. The Client may not, except with the express written permission of STENTOR, transfer its rights and obligations to a third party.
2. Definitions
“Original” means documents (in any form) and other materials provided by the Client to STENTOR for the purpose of providing translation and/or related services.
“Client” means STENTOR’s client, i.e. the legal or natural person that ordered the translation and that shall receive the translation.
“Translation” means the final, written and translated version of the Original that STENTOR delivers in accordance with the terms and conditions set out in this document and/or the Client’s specific instructions.
“Translator” means a natural or legal person to whom STENTOR entrusts the provision of the service specified in the request and with whom it has a regulated business relationship. Exceptionally, this does not apply to a court interpreter for a particular language, who is occasionally engaged by STENTOR for the purpose of producing a translation certified by a court appointed interpreter.
“Regular translation” (non-certified translation) means a written translation of texts not certified by a court appointed interpreter.
“Language editing” means reviewing the content of the document in the target language and comparing it to the content of the document in the source language for the purpose of verifying its
suitability with regard to the agreed purpose, i.e. comparing the text in the source language with the translation into the target language and performing the necessary corrections to achieve greater accuracy of the target text and credibility compared to the original text.
“Translation certified by a court appointed interpreter” (certified translation) means a translation certified by a court appointed interpreter guaranteeing its equivalence to the original. The certified translation consists of a translation of the source text andcertification of its equivalence to the original (certification by a court appointed interpreter), a stamp and a signature of the court appointed interpreter. The translation is bound with the original or a copy in accordance with the Ordinance on Court Appointed Interpreters. Certified translation has the probative force of a public document and is required when exercising rights in proceedings before all public administration bodies, notaries, courts and others.
“Expert editing” means a monolingual review of content in the target language for the purpose of verifying its suitability for an agreed purpose and compliance with the rules applicable in the area to which the text refers. Expert editing is performed by specialists in the subject area as their expertise is of key importance in this stage of the process.
“Review” means a linguistic review of spelling, grammar, style, punctuation, consistency, appropriateness with regard to the target language and its standard without detailed comparison with the text in the original language.
“Proofreading” means the correction of typographical errors, spaces and spacing, usually on a layout prior to its publication.
“Simultaneous interpretation” means a type of interpretation during which the interpreter interprets at the same time as the speaker speaks, using the intended equipment (translator booths, receivers, headsets, microphones, sound systems). This type of translation is best suited for various conferences, fairs or presentations for a large number of persons, and its greatest advantage is saving time, since the interpreters interpret at the same time as the speaker speaks so that the course of events is not slowed down.
“Consecutive interpretation” means a type of interpretation during which the interpretation is performed in such a manner that the speaker produces a part of the text and after that the interpreter interprets the produced content into the target language while the speaker pauses.
“Legal interpretation” means a type of interpretation during which the interpretation is performed in such a manner that the speaker produces a part of the text and after that the court appointed interpreter interprets the produced content into the target language while the speaker pauses. This type of translation is usually done in the presence of a small number of persons (assemblies and sessions of companies and joint stock companies, when founding companies and joint stock companies and performing statutory changes in companies and joint stock companies at a notary public office, etc.).
“Translation memory maintenance” means a service provided by STENTOR in collaboration with the Client in such a manner that the Client informs STENTOR of any changes in the translation the Client has made at its own discretion, and STENTOR then enters those changes into the translation memory that STENTOR maintains for the Client. This ensures that the Client receives high quality translations with consistent terminology.
3. Translation services
Translation quotes and contracting
STENTOR prepares a quote based on an analysis of the submitted text and delivers the quote to the Client by e-mail, other forms of written communication or directly.
The contract is considered concluded when STENTOR receives a confirmation from the Client regarding the acceptance of the quote. The Client shall accept the quote in writing, either by e-mail, registered mail or directly, within the time limit for acceptance specified by STENTOR in the quote.
Modification or cancellation of service
If, after the translation service has been agreed upon, the Client makes or requests significant changes to the initial order, STENTOR has the right to change the price and/or delivery time, or even refuse the order and invoice the work already completed.
If the Client cancels the order, they shall pay STENTOR a fee for the part of the translation that was has been completed by the time the Client informed STENTOR of the cancellation, and STENTOR shall enclose with the invoice the translation on the agreed medium as proof of the performed service.
Service provision
At STENTOR’s request the Client shall make available in a timely manner any reference documentation that may be of use in the translation or interpretation process and shall cooperate with STENTOR during the translation project. If required by the nature of a particular project, STENTOR may require the Client to designate a contact person whom STENTOR may communicate in case there are any questions relevant for the coordination of the terminology with the Client’s business practices.
Unless otherwise agreed, STENTOR has the right to engage a third party for the purpose of performing the order in its entirety and in part, without prejudice to STENTOR’s obligation with respect to data confidentiality and the timely order performance.
Delivery deadlines and times
Unless otherwise agreed, the translated texts shall be delivered to the Client electronically or at STENTOR’s premises. If the Client requires delivery by post, registered mail, courier service or personal delivery at the Client’s premises, the Client shall bear the cost of such delivery.
STENTOR shall agree on the translation deadlines with the Client and shall indicate them in the quote or invoice. The deadlines for the translation start on the same business day if the order is confirmed by 12 p.m., or on the next business day if the order is confirmed after 12 p.m., unless otherwise agreed between the Client and STENTOR.
STENTOR shall adhere to the delivery deadline and to prepare the translation in accordance with its best knowledge and abilities. In case of delay, STENTOR shall immediately notify the Client thereof. Neither STENTOR nor the Client shall be held liable for any delay in the fulfilment of their obligations, which occurred without their fault, or due to force majeure.
The translation shall be considered delivered at the moment STENTOR sends it by e-mail, registered mail, when it is handed over to the courier service or is taken over by the Client at STENTOR’s premises.
Prices and payment method
The price paid by the Client to STENTOR for its translation services shall be determined by a pro forma invoice/quote for translation services issued by STENTOR, which shall be delivered to the Client by e-mail, fax, other forms of written communication or directly.
Unless otherwise agreed, the pricing is generally performed according to the valid price list prepared by STENTOR (by word or by standard page). Furthermore, STENTOR has the right to invoice the Client for the unforeseen expenses that may arise during order performance due to, for example, graphic word processing.
Unless otherwise agreed, the minimum calculation unit for a written translation is 1 (one) standard page, while the minimum calculation unit for interpretation is ½ day. Exceptionally, interpretation by hour may be arranged (at a public notary office, at the registry office, etc.).
The price of an urgent translation shall be increased by at least 25 – 50% compared to the basic price, and it shall be applied in the case of a translation with a delivery deadline within 24 (twenty-four) hours (regardless of the amount of text) from the day when the deadline usually begins to run and in the case of translation the scope and delivery deadline of which require that more than 7 (seven) standard pages be translated per day, whether on weekdays or weekends.
The cost of editing, review and proofreading is also increased by 25 – 50% compared to standard daily output. The aforementioned applies to language editing of quantities exceeding 24 standard pages per day, i.e. review or proofreading of quantities exceeding 40 standard pages.
Any discounts may only be negotiated directly with STENTOR and shall apply to a particular project, unless otherwise specified in a separate contract between STENTOR and the Client.
The deadlines begin to run on the first business day after the conclusion of the contract. STENTOR shall adhere to the agreed deadlines, and in the event of failure to fulfil the obligation within the given deadline, STENTOR shall immediately inform the Client thereof.
In the case of consecutive and simultaneous interpreting, the time spent with the Client from the moment the interpreter arrives at the agreed location until the end of the negotiations (conference), regardless of how long the interpreter effectively interpreted, shall be used in the calculation. Each hour of consecutive and simultaneous interpretation that has begun shall be calculated as a full hour. The Client shall bear the travel and accommodation costs in case the interpreting takes place outside of Zagreb. Each day of interpreting taking place outside of Zagreb that has begun shall be calculated as a full day, regardless of whether the interpreter spends the day traveling or interpreting.
The working day of the interpreter lasts six (6) hours, including regular breaks and a lunch break.
STENTOR has the right to request an advance payment of a certain percentage of the estimated translation or interpretation price as confirmation of the order.
In the event of late payment within the period stated on the invoice, STENTOR shall be entitled to charge a statutory default interest on the amount due and to take all legal measures necessary to collect its claim.
STENTOR has the right to invoice the Client for all the costs incurred due to the provided translation or interpretation services, such as postage fees and other methods of translation delivery as well as travel and accommodation expenses, etc.
4. Guarantees and responsibilities
STENTOR is responsible exclusively to the Client for any loss or damage that is a direct and obvious consequence of inappropriate actions taken by STENTOR. STENTOR is under no circumstances responsible for any other form of loss or damage such as indirect loss, consequential loss, loss in business, loss caused by delay or loss of profit.
STENTOR is not responsible for the content of the documents provided by the Client, nor is it responsible for the consequences of the translated content. Any ambiguities or inconsistencies in the original text absolve STENTOR from any liability.
STENTOR guarantees to the Client that the translation and interpretation services shall be performed conscientiously, professionally and within the agreed deadline.
In no case is STENTOR’s liability greater than the value of the invoice for the translation or interpretation performed (excluding VAT).
5. Complaints
If the Client considers that the delivered translation contains any error or omission, the Client shall explain it in writing to STENTOR no later than 8 (eight) days after delivery of the translation, provided that the Client has fully settled its obligations towards STENTOR.
If STENTOR determines that an error or omission in the translation has actually occurred, STENTOR shall correct it as soon as possible at its own expense.
6. Language teaching and workshops
STENTOR provides language teaching services (lesson design, preparation and teaching) based on an analysis of the Client’s needs. Workshop content may be changed during the implementation of the programme upon the written request by the Client. The cost of the change shall be borne by the Client.
The contract is considered concluded when STENTOR receives a confirmation from the Client regarding the acceptance of the quote. The Client shall accept the quote in writing, either by e-mail, registered mail or directly, within the time limit for acceptance specified by STENTOR in its quote.
Location and time of language teaching
The location and time of language teaching shall be agreed by the Client and STENTOR. In the event language teaching takes place at the premises of the Client who is a natural person, the Client shall provide the space and equipment for language teaching at the agreed time.
The Client agrees to adhere to the workshop schedule. In the event of other engagements, the Client agrees to notify STENTOR no later than one working day (24 hours) before the day scheduled for the workshop (whereby the working day is considered every day except Saturday, Sunday and public holidays). If the Client does not inform STENTOR in a timely manner about the need to change the workshop schedule, STENTOR has the right to charge the service as if the language teaching had been performed.
Payment
The amount of the language teaching/workshop fee depends on the specific agreement between the Client and STENTOR. The services shall be paid to STENTOR’s account in HRK after the invoice/quote has been issued and within the specified time limit, which may not exceed the statutory deadlines.
7. Data confidentiality
STENTOR guarantees data confidentiality as well as the protection of business secrets, intellectual and industrial property, and patents that it has access to while providing translation and language teaching/workshop services from the moment of drafting the quote.
Since no data transmission over the Internet can be considered completely secure, neither can STENTOR guarantee absolute data security.
8. Personal data protection
At all times, STENTOR pays special attention to the security and protection of each individual’s personal data. Therefore, for the purpose of informing all interested parties, STENTOR has adopted the appropriate privacy policy and published it on its website.
9. Governing law and dispute resolution
Croatian law applies to these terms and conditions, and any dispute arising out of their interpretation or in the course of fulfilling these terms and conditions shall be resolved by mutual agreement between the parties and in good faith.
Otherwise, the parties shall settle the disputes before the competent court in Zagreb.
10. Retention rights
STENTOR retains the copyright and the right to use the translations and documentation created during the provision of the translation service ordered until the settlement of the Client’s debt in full.
STENTOR is also the exclusive holder of all copyrights applicable to the language teaching and workshop programmes and all documents that STENTOR has created for the purpose of providing the language teaching and workshop services, unless otherwise provided in the contract.
11. Final provisions
If any of these provisions is declared null and void or for any reason rendered impossible to comply with, it shall be amended as much as possible to meet the requirements of the parties involved. In any event, all other provisions of these General Business Terms and Conditions shall be considered valid and enforceable.