Terms and Conditions
I. Definition of terms
- The Contractor is the company LexiPro s.r.o., ID No.: 09932542, registered office Puklice 241, 58831 Puklice, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 121693. The Contractor acts within the scope of its business activity when concluding and executing the work Contract.
- The Consumer is any person who, outside the scope of their business activity or outside the scope of the independent exercise of their profession, concludes a Contract with the Entrepreneur or otherwise deals with them.
- The Entrepreneur is a person who independently carries out, on his own account and responsibility, a gainful activity under a trade license with the intention of doing so consistently for profit. A person registered in the commercial register shall always be regarded as an Entrepreneur.
- A Consumer Contract is a Contract of sale, a Contract for work, or other Contracts where the Contracting parties are a Consumer on the one hand and an Entrepreneur on the other.
- The Client is a Consumer, a natural person – Entrepreneur, a government or municipality body or a legal person who orders services from the Contractor, i.e., in particular: translations, interpreting, text checks and revisions, proofreading, glossary creation, software testing, text updates, text modification and other services offered by the Contractor.
- The Contract is a Contract concluded between the Contractor and the Client, the subject of which is the provision of services offered by the Contractor, i.e., translation and interpreting services, text checks and revisions, proofreading, glossary creation, software testing, text updates, text modifications and other services related to the Client’s business.
II. General provisions
- These Terms and Conditions, hereinafter referred to as „T&C“, have been prepared in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as „CC“) and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as „CPA“, Consumer Protection Act), and other effective legal regulations. They regulate, in accordance with the provisions of Section 1751 (1) CC, the mutual rights and obligations arising in connection with or on the basis of a Contract concluded between the Contractor and the Client. These T&Cs also govern the rights and obligations arising in connection with or on the basis of a distance Contract concluded between the Contractor and the Client remotely, in particular by means of an order form on the website located at www.lexipro.cz and by electronic mail.
- The provisions on obligations under Consumer Contracts apply only to the legal relationship between the Contractor and the Client, who is in fact a Consumer.
- By concluding the Contract, the Client agrees to these Terms and Conditions and confirms that they have been duly informed of them. The Client was sufficiently informed of these Terms and Conditions prior to the conclusion of the Contract and had the opportunity to familiarize themselves with them.
- The subject of performance is the provision of services related to the Contractor’s business, i.e., primarily translation and interpreting activities or additional services (hereinafter also referred to as „services“).
- A Contract for translation (framework Contract or a Contract for a specific translation, proofreading, localisation or interpretation) may also be in writing.
- Any deviating provisions in the specific Contract shall prevail over the wording of the Terms and Conditions.
III. Pre-Contractual communication with the Consumer
The Contractor hereby informs the Consumer that
- the cost of means of distance communication does not differ from the basic rate;
- may require an advance payment of up to 100 % of the price of the service;
- the Contractor does not enter into a Contract whose subject matter is repeated performance;
- the prices of services on the website operated by the Contractor are quoted inclusive and exclusive of VAT, including all charges stipulated by law;
- the Consumer has the right to withdraw from the Contract (unless otherwise stated below) within fourteen days of the conclusion of the Contract;
- the Consumer cannot withdraw from the Contract within the meaning of Section 1837 of the Civil Code
- on the provision of services, if they have been performed with the Consumer’s prior express consent before the expiry of the withdrawal period and the trader has informed the Consumer before the conclusion of the Contract that he has no right to withdraw from the Contract in such a case;
- the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the Entrepreneur’s will and which may occur during the withdrawal period;
- for the delivery of alcoholic beverages which can only be delivered after a period of thirty days and whose price depends on financial market fluctuations independent of the Entrepreneur’s will;
- the delivery of goods that have been adapted to the Consumer’s wishes or for the Consumer’s person;
- the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery;
repair or maintenance carried out at a place designated by the Consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested; - the delivery of goods in sealed packaging which the Consumer has removed from the packaging and which cannot be returned for hygiene reasons;
- the delivery of an audio or visual recording or computer program if it has breached its original packaging;
- for the supply of newspapers, periodicals or magazines;
- for accommodation, transport, catering or leisure, if the Entrepreneur provides these services within a specified period;
concluded on the basis of a public auction pursuant to the law governing public auctions; or - for the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the Consumer’s prior express consent before the expiry of the withdrawal period and the Entrepreneur has informed the Consumer before the conclusion of the Contract that in such a case he has no right of withdrawal;
- the Consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a Contract for the provision of services for which performance has already begun;
- in accordance with the provisions of Section 1820(1)(j) of the Civil Code and Section 14(1) and Section 20d et seq. of Act No. 634/1992 on Consumer Protection, the Client informs that the Consumer may apply for out-of-court settlement of a Consumer dispute to the out-of-court Consumer dispute resolution body, which is the Czech Trade Inspection Authority, on the website www.coi.cz. The Czech Trade Inspection Authority handles proposals for out-of-court settlement of Consumer disputes in the manner and under the conditions set out in the relevant legislation. For the avoidance of doubt, nothing in these Terms and Conditions excludes the possibility for Consumers to bring their claims before a civil court. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, internet address: www.coi.cz, is competent for the out-of-court settlement of Consumer disputes arising out of a Contract. The online dispute resolution platform located at http://ec.europa.eu/Consumers/odr can be used to resolve disputes between the Client and the Contractor under the Contract.
IV. Conclusion of the Contract
1. General provisions
- The Contractor undertakes to perform the work under the Contract at his own expense and risk and the Client undertakes to accept the work and pay the agreed price.
- All services offered on the website www.lexipro.cz are for informational purposes only and the Client is not obliged to enter into a Contract regarding the service offered. Section 1732(2) of the Civil Code shall not apply. The conclusion of a Contract does not occur when the Client sends the order to the Contractor. The Contract is formed at the moment of confirmation (acceptance) of the order by the Contractor. From this moment on, the mutual rights and obligations between the Client and the Contractor arise, which are defined in the Contract and the Terms and Conditions, which are an integral part of the Contract.
2. Conclusion of the Contract on the basis of a request for services
- If a non-binding request for the Client’s services is sent to the Contractor (via a web request form, via e-mail, etc.), the Contractor will prepare an offer for the requested services, which will include:
- identification and contact details of the Contractor,
- identification and contact details of the Client,
- description of the service provided,
- the total price of the service or how it is determined,
- payment terms,
- the date of delivery/service provision,
- the method of delivery of the service.
- The Contractor shall send the offer to the Client to the e-mail address from which the request was made, or to the e-mail address which the Client specified in the request as the address for sending the offer.
- The Contract is concluded by the acceptance of the Contractor’s offer by the Client.
- The conclusion of a Contract without negotiating all the requirements set out in the Civil Code is excluded within the meaning of Section 1726 of the Civil Code. Furthermore, the Contractor excludes the acceptance of an offer with an amendment or deviation in accordance with Section 1740(3) of the Civil Code.
- The Client requests the service via the request form on the Contractor’s website, through which they enter the request and its parameters and send it.
- The Contractor is not responsible for any errors in data transmission.
- The concluded Contract may be amended or cancelled only by agreement of the parties or for legal or Contractual reasons.
3. Conclusion of the Contract by electronic mail
- You can also order the service by e-mail at info@lexipro.cz.
- An order made by e-mail must contain at least:
- the name, surname and place of residence of the Client who is a Consumer, the name, surname and place of residence of the Client who is a natural person Entrepreneur, the business name and place of residence of the Client who is a legal person; if the Client does not fall into any of these categories, it shall state its name and identification data,
- the Entrepreneur’s VAT number, if assigned, and VAT number, if registered as a VAT payer
- contact details,
- a contact person for communication with the Client (hereinafter referred to as the „Contact Person“),
- telephone and e-mail contact to the contact person,
- the name or description of the service ordered and its specification (translation, proofreading or interpreting), including a mutually agreed price,
- the date of completion of the work, or the place and time of performance if it is interpreting,
- the required method of delivery or performance of the work,
- the purpose for which the work will be used, and in the case of interpretation, the type of interpretation,
- other requirements for editing the text (proofreading, etc.),
- requirements for the graphic design of the text or the format of the document,
- contact details of a person who can be consulted on technical terminology and abbreviations,
- any other data the Client considers important.
- By submitting the order, the Client confirms the binding nature of his order and is also subject to these T&C.
- The Contract is concluded when the Client sends the order and the Contractor accepts the order. The Contractual relationship between the Client and the Contractor is established by the delivery of the order acceptance, which the Contractor sends to the Client by e-mail to the Client’s e-mail address through which the order was placed.
- In case the order does not contain all the above-mentioned elements, it will be considered as a non-binding request on the basis of which the Contractor will prepare an offer. The Contractor shall send the offer to the Client to the e-mail address from which the request was made, or to the e-mail address which the Client specified in the request as the address for sending the offer. The Contract is concluded by the acceptance of the offer by the Client.
4. Common provisions
- The Contractor is obliged to acknowledge receipt of the order immediately upon receipt at the earliest possible time during his working hours. If the order is received at or after the end of working hours, the Contractor may send this confirmation on the next working day at the earliest. If the order is not accepted within three working days, it shall be deemed to have been rejected by the Contractor.
- The Contractor reserves the right to conclude the Contract for selected services or large-scale services only at the Contractor’s business premises.
- By concluding the Contract, the Client confirms that he has read these Terms and Conditions and that he agrees to them. These Terms and Conditions form an integral part of the concluded Contract. Upon completion of the order, an e-mail confirmation of the order will be sent to the Client. The current version of the PO is attached to this confirmation.
- Even if the Client’s order has not been confirmed by the Contractor or the Contractor’s offer has not been accepted by the Client, the Contract is deemed to have been concluded if the Client accepts the performance provided on the basis of the Client’s order or the Contractor’s offer.
- It applies that from the effective date of the Contract between the Contractor and the Client, all provisions of these T&Cs become part of each Contract, even if the subContract does not explicitly refer to them.
- Unless otherwise stated in the order of the Consumer Client, or in the case of acceptance of the Contractor’s offer, the Client is deemed to have expressly requested the Contractor to start providing the services within the withdrawal period.
- A Contract may be amended by written agreement, and the rules for the formation of a Contract apply mutatis mutandis in this case.
- The Client is obliged to inform the Contractor of all circumstances that could affect the proper and timely payment of the price of the work. The Client is also obliged to inform the Contractor whether a decision has been issued declaring bankruptcy over its assets or whether it has entered liquidation.
V. Translations
1. General provisions
- The Contractor shall charge the Client the agreed price of the service. If the price of the service has not been agreed, the Contractor shall charge the price customary at the place and time.
§ Unless otherwise agreed, the Contractor shall carry out the translation in the quality according to § 1914 and § 1915 of the Civil Code. - The Contractor shall perform the work within the agreed time. If no deadline has been agreed for the completion of the work, the deadline shall be calculated according to the number of source words, whereby one working day shall be allocated for every 1,500 source words started and the deadline so calculated shall be extended by a further two working days. The above calculation of the deadline applies if the source text is a standard, clear, easily readable text in a standard format, without special graphic modifications, in a standard scope. If the text and format is more graphically demanding (e.g. PDF) or larger in scope (more than 1 500 source words per working day and one translator), the Contractor is entitled to request an extension of the deadline or charge an additional fee. If the Contractor has the Client’s source text before starting the work, the Contractor is obliged to notify the Client of the increased complexity and agree on the relevant conditions (extended deadline, price of graphic editing, etc.). If the Contractor does not have the full text available before the start of the work and the increased complexity only becomes apparent during the work, he is entitled to request an extension of the deadline or an additional fee during the course of the work.
- The Client acknowledges that the ownership of the translation is transferred to the Client only upon full payment of the price of the service.
- In the case of a translation of an author’s work within the meaning of the Copyright Act, i.e. an author’s work resulting from the creative processing of another’s work, including the translation of the work into another language, the provisions of the Copyright Act (Act No. 121/2000 Coll.) shall also apply to the Contracting parties.
- Liability for any copyright infringement is borne by the Client.
2. Date and method of handover and acceptance of the work
- The work is performed if it is completed and handed over.
- The Client is obliged to take over the work ordered by him at the agreed time and in the manner specified in the order or in the written Contract. If the method of handing over the work has not been agreed in advance, the Contractor shall hand over the work to the Client by electronic mail. The work shall be deemed to have been handed over at the moment when the electronic mail containing the work is sent to the Client’s electronic mail address or when the Contractor allows the Client to use it.
- The Client is obliged to confirm the acceptance of the work to the Contractor immediately after the acceptance of the work.
- If the Client does not acknowledge receipt of the work and does not notify the Contractor that the work has not been delivered within 24 hours of the deadline for completion of the work, the Client is deemed to have accepted the work without reservation.
- If the Contractor receives a notice from the Client for non-delivery of the Work, the Contractor is obliged to resend the Work to the Client immediately after receiving such notice.
- If the Client urges delivery of the work and the Contractor proves that it was sent to the Client within the agreed time and in the agreed manner, it is not a late delivery.
- If the Client refuses to accept the duly executed work without a serious reason, or does not state the reasons for refusing to accept the work, the work shall be deemed to be completed without defects and imperfections and handed over to the Client who has accepted the work without reservation.
- If the Client refuses to accept the work and it later turns out that the reasons for the Client’s refusal to accept the work were false, the work shall be deemed to have been handed over to the Client at the time it was delivered to the Client.
- The Contractor is entitled to issue an invoice at the time of completion of the work, which the Client is obliged to pay.
3. Rights and obligations
- The Client is obliged to inform the Contractor in what form and for what purpose he intends to use the work (e.g. in printed form or as a presentation on a website, for commercial purposes, etc.). The Client is obliged to inform the Contractor that the source text is subject to copyright protection. Finally, the Client must inform the Contractor that the translation will be the basis for legal action.
- If this purpose is not communicated to the Contractor, the translation shall be deemed to be for a general purpose and not for publication or legal action. If the Client uses the translation for a purpose other than the general purpose, the Contractor shall not be liable for any damage caused thereby. If the Client wishes to use the translation for publication, legal action or for a purpose other than general use, the order must include the ordering of the relevant corrections.
- If the source text to be translated contains specialist or specific terms, special company terminology, special terminology used in the sector to which the translation relates, lesser-known abbreviations, etc., the Client is obliged to provide the Contractor with a list of relevant terms in the language concerned, a list of abbreviations used with their meaning, and to provide the Contractor with auxiliary materials with the agreed terminology (reference texts) or to enable consultation of this terminology with an authorised employee of the Client. If this is not the case, the Contractor shall use the terminology generally used for similar types of texts or the meanings that can be found from public sources and any difference in meaning cannot be the basis for the assertion of defective performance rights.
- The Client is obliged to inform the Contractor whether he requires graphic modification of the document and specify which one. The same applies to the format of the target document if it is to be different from the source document.
- Unless the Contractor is informed of the graphic design or format of the target document, the work will be delivered in a format identical to the source document and in standard graphic design.
4. Translation complaints
- A translation is defective if it has not been carried out in accordance with the order (e.g. scope or required graphic design) or in the agreed quality.
- In other cases, the translation shall be deemed to have been duly carried out.
- If the Contractor accepts the complaint as justified, he shall immediately arrange for the appropriate repairs or corrections at his own expense.
- If the Contractor accepts the complaint as justified and the Client does not accept the Contractor’s corrections, the Client will be granted a reasonable discount corresponding to the extent of the defects.
- If the Client has doubts about the quality of the translation and has the quality assessment, proofreading or new translation carried out by a third party without the Contractor’s knowledge and consent, the Contractor is not obliged to pay for this work.
§ If a dispute arises between the Contractor and the Client as to the validity of the Client’s claims for the Contractor’s liability for defects or the amount of the discount, both parties undertake to resolve the dispute out of court in the form of an expert or professional opinion of an independent translator chosen by agreement between both parties. The independent translator shall be selected primarily from the list of court translators and interpreters. If it is not possible to secure an independent translation by the translator referred to in the previous sentence, the parties shall select another suitable translator to carry out an expert evaluation of the translation. The estimate of the cost of the expert’s report shall be communicated to both parties before it is carried out. - The independent translator must assess the quality of the translation against the source text (not just the target text on its own). Both the Client and the Contractor are entitled to provide the independent translator with all relevant information relating to the complaint.
- The Client and the Contractor are each obliged to pay one half of the deposit for the expert report to the independent translator. The final settlement of these costs shall be made according to the degree of success in the complaint procedure.
- The amount of the discount in such a case will be determined on the basis of this expert opinion.
- The Contractor is liable for any damage caused by defects in the translation up to the amount of the translation price.
- If the expert’s report states that the claim was not justified, the Client shall bear the respective costs of the report.
- The complaint procedure does not have a suspensive effect on the due date of the invoice issued for the service complained about or on any other type of payment for the service provided.
VI. Interpreting
1. General provisions
- The Contractor undertakes to provide interpretation according to the concluded Contract, i.e. in the agreed language(s) and at the agreed place and time.
- The Client undertakes to pay the Contractor the agreed price for interpreting. If no price has been agreed, the Contractor shall charge the price customary at the time and place.
- Unless otherwise agreed, the Contractor shall provide interpretation in the quality according to § 1914 and § 1915 of the Civil Code.
- The Contractor provides interpretation through an interpreter.
- The Client is obliged to confirm to the Contractor immediately after the interpreting has been carried out whether the interpreting has been carried out properly and on time. If the Contractor fails to do so, the interpretation shall be deemed to have been carried out properly and on time and without any reservations on the part of the Client.
2. Method of handover and acceptance of the work
- In the case of interpreting, the work shall be deemed to be completed and handed over at the end of the interpreting. The Client is obliged to confirm the acceptance of the work by confirming the written interpretation protocol.
- If the Client fails to fulfil his obligation as stated in the previous paragraph, the Contractor may call on the Client to confirm acceptance of the work. If the Client refuses to confirm acceptance of the work and the Client does not inform the Contractor in writing within 3 days of the date of delivery of the request to confirm acceptance of the work why he refuses to confirm acceptance of the work, the work shall be deemed to have been completed without defects and imperfections and handed over to the Client and accepted by the Client without reservation. The invitation to take over the work and any communication of the reason for refusal to take over the work must be in writing and sent to the other party by registered letter or by e-mail.
3. Rights and obligations
- The Client is obliged to inform the Contractor of the purpose of the interpretation and the use of the recording, if made.
- If this purpose is not communicated to the Contractor, it shall be deemed to be a general interpretation which will not be acted upon legally.
- If the interpreting is to be carried out in a sector in which specific terminology or abbreviations and symbols or company-specific terminology are used, the Client is obliged to provide the Contractor with a list of the relevant terms in the language concerned, a list of the abbreviations used with their meanings, to provide the Contractor with auxiliary materials with the agreed terminology (reference texts) or to enable consultation of this terminology with a specific authorised employee of the Client. If this is not the case, the Contractor shall use the terminology generally used for similar types of texts or the meanings that can be found from public sources and any difference in meaning cannot be the basis for the assertion of defective performance rights.
- The Client is obliged to provide the Contractor with the interpreting programme, supporting documents, documents and texts necessary for the preparation of the interpreter at least 5 days in advance.
- The Contractor is not liable for any consequences related to copyright infringement caused by the Client.
- The Contractor and the interpreter shall treat all non-public information and materials related to the interpretation as confidential.
- The Client is not entitled to require the interpreter to do other work beyond interpreting without agreement with the Contractor.
- The Client is obliged to ensure conditions appropriate to the type of interpreting, including technical equipment (booths, headphones, microphones, etc.), perfect audibility and sufficient space to work, unless the technical equipment is ordered together with the interpreting from the Contractor. In addition, the interpreter must hand over all written texts read by the speakers to the interpreter in good time.
- The interpreter sent by the Contractor is obliged to be properly groomed and dressed according to the type of interpretation. The Client is obliged to communicate the dress code requirement to the Contractor well in advance.
- The interpreter shall work according to the customary practices of the profession and shall perform his work to the best of his knowledge and conscience.
- An interpreter is entitled to refuse to work in an unacceptable environment for physical, psychological or ethical reasons and in conditions unworthy of the exercise of the interpreting profession.
- The Client is entitled to cancel the obligation by paying a severance payment. Unless otherwise agreed, the cancellation fee is 20% of the agreed price in the case of cancellation 10 to 5 days in advance, 50% of the agreed price in the case of cancellation 4 to 2 days in advance and 100% of the agreed price in the case of cancellation 1 day in advance or on the day of the interpretation.
4. Time, transport, accommodation and meals of the interpreter
- Unless otherwise agreed, the interpreting shall not last more than 8 hours per day (hereinafter referred to as „working hours“). The working time (duration of the interpreting) may be extended to 12 hours by agreement. In the event that the interpreting takes place on non-working days (weekends and public holidays) or at night, the Contractor may charge a special surcharge to the price of the service. Interpretation between 10 pm and 6 am is considered as night interpretation. In the event that the interpreting takes place over several days, the interpreter must be allowed at least 8 hours‘ rest between the end of one interpreting session and the start of the next. All breaks and interruptions on the Client’s side shall be counted as working time.
- The Client is obliged to provide the interpreter with a meal and rest break of at least half an hour after four hours of interpreting.
- The Contractor is also entitled to compensation for the time missed in connection with the provision of interpreting services in a place other than the Contractor’s registered office, for the time spent travelling to and from that place, at the same rate as the agreed rate for interpreting.
- The Contractor shall also be entitled to compensation for time missed due to a delay in the start of the interpretation if the delay is more than 30 minutes, at the same rate as the agreed rate for the interpretation.
- If the Client does not arrange for the transport of the interpreter to the place of interpretation, he is obliged to notify the Contractor of this fact sufficiently in advance. If the interpreter’s travel to the interpreting location is to be provided by the Contractor, the Contractor shall be entitled to reimbursement of the travel costs. Unless otherwise agreed, the amount of the reimbursement of travel expenses shall be governed by the legal provisions on travel allowances (Act No. 262/2006 Coll., Labour Code, as amended).
- If the interpretation lasts for several days or ends during the night hours, the Client is obliged to provide accommodation for the interpreter in a single room with facilities, usually in the place or immediate vicinity of the place of interpretation. Should it not be possible to provide such accommodation, the Client shall inform the Contractor in good time, who shall request the interpreter’s consent to alternative accommodation. If the Client fails to provide suitable accommodation for the interpreter, the Contractor shall be entitled to provide suitable accommodation, the cost of which shall be invoiced to the Client and the Client shall be obliged to reimburse the Contractor for the cost of the accommodation.
- The Client is obliged to provide the interpreter with meals at his/her own expense in accordance with normal practices and applicable regulations on meal allowances.
5. Complaints about interpreting
- The interpretation is defective if it was not performed in accordance with the Contract or in the agreed quality.
- Complaints can be made in person, electronically or in writing by post. The complaint must state the specific reason and describe the nature of the defects and the extent of their occurrence. The complaint must include a video or audio recording of the interpretation.
- If the Contractor accepts the complaint as justified, the Client will be granted a reasonable discount corresponding to the extent of the defects.
- If a dispute arises between the Contractor and the Client regarding the validity of the Client’s claims for the Contractor’s liability for defects or the amount of the discount, both parties undertake to resolve the dispute out of court by means of an expert or professional opinion of an independent interpreter chosen by agreement of both parties. The independent translator shall be selected primarily from the list of court translators and interpreters. If it is not possible to provide an independent translation through the translator referred to in the previous sentence, the parties shall select another suitable translator to carry out an expert evaluation of the translation.
- The amount of the discount will be determined on the basis of this expert opinion.
- The Client and the Contractor are obliged to pay the advance payment for the expert’s report to the independent interpreter by one half each. The final settlement of these costs shall be made according to the success rate in the complaint procedure.
- The Contractor shall be liable for any damage caused by defects in the interpretation up to the price of the interpretation.
- If the expert’s report states that the claim was not justified, the Client shall bear the respective costs of the report.
- The Client is obliged to file claims for defects in the interpretation with the Contractor properly and without undue delay immediately after the interpretation, but no later than within 5 days.
- If claims arising from the Contractor’s liability for defects are asserted by the Client late, they are extinguished.
- The complaint does not have a suspensive effect on the due date of the invoice issued or on any other type of payment for the service provided.
VII. Defects in the work
- The service is defective if it has not been provided in accordance with the Contract and/or additional requirements of the Client, which have been confirmed by the Contractor.
- Unless otherwise stated above, the Client is obliged to file any claims for defects in the service with the Contractor without undue delay after discovering them, but no later than 14 days from the date of provision of the service. The Client is obliged to submit claims for defects in the service in writing and to give proper reasons.
VIII. Prices
- Prices for all services of the Contractor are Contractual. They are agreed either in the Contract, in the order or in the Contractor’s quotation, which is confirmed by the Client.
- Rates for translations are determined with regard to the type of translation, language combination, complexity, text, quality of the source text, speed of execution, required graphic design, file format or other requirements of the Client.
- The price for interpreting is usually negotiated at an hourly rate and is mainly influenced by the complexity of the interpreting (simultaneous, consecutive, simultaneous cab) and the language combination. Unless otherwise agreed, the interpreting price will be charged for each half-hour of interpreting.
- The unit of quantity charged for translations and proofreading is one source word or one standard page.
- If the source text is in a format that does not allow the number of source words to be determined electronically or is in printed form, the price is calculated according to the number of words translated. In this case, an approximate estimate of the number of words is made manually for the purposes of the tender and charged according to the actual number of words in the translated text (in the target language).
- The minimum number of words charged is 250 source (or target) words, unless otherwise agreed in the Contract.
- For certified translations, the price is calculated according to the number of standard pages of the finished translation. Rounding is done to one full standard page of the translated text upwards.
- In the event that the service will be provided on days off (weekends and holidays) or during night hours, the Client may charge a special surcharge to the price of the service. Unless otherwise agreed, the surcharge shall be 20% of the service price.
- The Contractor has the right to charge extra for the translation or transcription of audio or video recordings, for the translation of poorly legible text or for express translation (more than 1,500 source words per working day per translator). Unless otherwise agreed, the surcharge shall be 20% of the price of the service.
XII. Higher Power
If the Contractor is delayed or delayed in the performance of its obligations under the Contract due to force majeure (circumstances beyond the control of the delayed or delayed party, such as. flood, hostile action by a foreign state, civil disturbances, embargoes, strikes, governmental, ministerial or similar intervention) which occurred after the conclusion of the Contract, the time limit for completion of the work under the Contract shall be extended by a period corresponding to the time during which the force majeure affected the performance of the obligations under the Contract, and in such cases the Contractor shall not be liable for damages caused to the Client. The Contractor shall inform the Client without delay of the occurrence of such an event.
XIII. Confidentiality
- The Contractor undertakes to maintain confidentiality of all facts of which they have become aware in connection with the performance of the work, and to maintain confidentiality of all facts concerning the Client that are not generally known and are thus subject to the protection of the law as trade secrets, in particular information about the Client’s Clients, the Client’s products, the Client’s collaborators and employees, etc., business strategy, know-how, software, business processes, forms of business activity of which it has become aware in the course of fulfilling its obligations under the Contract, as well as to observe the obligation of confidentiality under the relevant legal regulations. In particular, the Contractor is obliged to keep confidential all information that has been passed on to them or otherwise acquired in connection with the performance of the work, i.e. in particular in connection with translations or interpretation, revisions, checks and proofreading of the text, and the Contractor is obliged to keep confidential all information about the Client’s Clients, internal financial budgets and business procedures and rules of mutual cooperation (business secrets). This obligation shall continue to apply after the end of the Contractual relationship.
- The Parties undertake to maintain the confidentiality of all facts, data and information concerning the other Party which are of a confidential and/or trade secret nature of which they become aware in connection with the performance of the Contract (hereinafter referred to as „Confidential Information“) and undertake not to disclose or otherwise communicate Confidential Information to any third party, not to use it for their own benefit or for the benefit of any other person and to ensure the adequate protection and confidentiality of such Confidential Information. The Parties undertake to ensure the confidentiality of all natural and legal persons whom they use to perform their obligations under this Agreement, to the extent of their confidentiality obligations under the Agreement.
- Both Parties shall treat as confidential information and trade secrets all information that the other Party obtains in connection with its activities under the Contract concerning the other Party’s business activities, including, but not limited to, information about its business affairs and practices, plans, information about Clients, business partners, business Contracts, information about all accounting, personnel and payroll matters, the other Party’s intellectual property, and its pricing arrangements and quotations. All of this is considered by both Parties to be confidential information and trade secrets which they keep secret and which are to remain confidential to third parties.
- The Contractor is not entitled to copy the documents to be translated or to make them available to third parties.
- The Contractor is obliged to maintain the obligation of confidentiality for the duration of the Contract and after its termination, for as long as the confidential information is not publicly known.
- The Contractor is obliged to introduce and observe appropriate technical and organisational measures in the area of personal data protection so that they comply with Act No. 110/2019 Coll., the Act on Personal Data Processing. The Contractor undertakes to maintain the confidentiality of all security measures to protect the personal data and property of the Client and third parties.
- The obligation of confidentiality is without prejudice to the Contractor’s right to provide, to the extent necessary, information subject to the agreed obligation of confidentiality to his employee or subContractor involved in the provision of the service.
XIV. Delivery and Communication between the Parties
- The Parties agree that all communications between the parties to the performance of the Work, in particular the Client’s requests and instructions for the performance of the Work, shall be transmitted in electronic form via the public data network – by e-mail. The Client shall use the e-mail address specified in the order or the e-mail address from which the order was placed or the offer confirmed. In the event of a change of e-mail address, the Client shall notify the Contractor in writing. An e-mail message is deemed to have been delivered even if it is delivered to the addressee’s e-mail box as SPAM. Each party to the Contract is responsible for setting up a SPAM filter in his/her e-mail inbox.
- A parcel sent via a public data network – by e-mail – is deemed to have been delivered on the third day after it was sent.
- The Parties further acknowledge that a postal item sent by a postal carrier shall be deemed to have been delivered on the tenth day after it has been handed over for postal delivery, even if the addressee refused to accept the item or did not pick it up or take it over. The consignment shall also be deemed to have been delivered on the tenth day after it has been handed over for postal delivery, even if the addressee has not been notified of its delivery, if it has been sent to the address specified in the heading of this Contract.
- Parcels can also be delivered via a data box.
XV. Processing of personal data and sending of commercial communications
- In connection with the conclusion of the Contract, the Contractor processes (on the basis of the order) and will continue to process the personal data of the Client. The Contractor, as the controller or processor of the personal data provided to it in connection with the Contract, undertakes to process such personal data in accordance with the legal regulations, in particular Act No. 257/2016 Coll., the Consumer Credit Act, and Act No. 110/2019 Coll., the Personal Data Processing Act.
- The Contractor collects and keeps up-to-date records of its Clients, which includes the Client, containing personal data (including date of birth and birth number, if assigned) and identification and operational data. The Contractor shall be entitled to process such data manually or by automated means, itself or through third parties, and to use such data in accordance with applicable law for the purposes provided for and/or permitted by law, for the performance of the Contract, for the protection of its interests and for other agreed purposes.
- By placing an order and/or concluding a Contract, the Client acknowledges that the Contractor will process his/her personal data in accordance with Act No. 110/2019 Coll., the Act on Personal Data Processing, as amended.
- The Contractor shall process only those personal data of the Client which it obtains in connection with the Contract and its performance to the extent that they are specified in the Contract and/or in the materials intended for the provision of the service and/or to the extent that the Client subsequently provides them to the Contractor in the course of the performance of the Contract.
- This data will be used by the Contractor for his legitimate interests and for the purpose of fulfilling the Contract.
- The purpose of processing personal data is to provide services. The personal data of the data subjects are processed for the purpose of fulfilling the Contract and other obligations stipulated by applicable law. The Client acknowledges that, to the extent necessary, personal data will also be provided to the Contractor’s subContractors and employees.
- The recipient of the personal data will be public authorities (in particular the CTIA), providers of legal services, maintenance of the information system, the broker of the conclusion of this Contract and other recipients according to the legitimate needs and instructions of the parties to this Contract.
- Personal data will be handled in accordance with the applicable legislation, in particular Act No. 499/2004 Coll., the Act on Archives and Records Management and on Amendments to Certain Acts and Act No. 110/2019 Coll., the Act on Personal Data Processing.
- Under the conditions stipulated by the legal regulations, the Client has the right to request from the Contractor access to the Client’s personal data, the right to rectification or deletion of personal data, or restriction of their processing, and the right to portability of personal data.
- More information on the rights of data subjects is available on the websites of the Data Protection Authority and the creditor:
https://www.uoou.cz/6-prava-subjektu-udaj/d-27276
XVI. Final Provisions
- The Client undertakes not to contact the translator or interpreter directly without the consent of the Contractor.
- If, with the Contractor’s consent, the Client and the translator or interpreter come into contact, the Client undertakes not to discuss matters relating to the commercial terms of the work to be carried out.
- The Client undertakes to inform the Contractor of any new arrangement with the translator or interpreter if he/she will be dealing directly with him/her.
- In the event of a breach of the obligations referred to in Section XVI, paragraphs 1 and 2, the Client is obliged to pay the Contractor a Contractual penalty of CZK 50,000 for each breach, even if the Contract is not properly completed.
- For provisions not defined in these T&Cs or in the Contract between the Contractor and the Client, the applicable legal provisions apply.
- These T&Cs are valid and effective from 10 April 2021.
- The Contractor reserves the right to change the wording of these T&Cs. The Contractor is obliged to publish the change on the date from which the new T&Cs become valid and effective on the website of LexiPro s.r.o. so that it is clear from which date the new T&Cs are valid. The Contractor shall archive older versions of the T&Cs.