GENERAL TERMS AND CONDITIONS
1.1. These general terms and conditions (the “Terms”) apply to all services such as translations, interpretations, transcriptions etc. provided by EasyTranslate A/S, Central Business Registration no. DK33240562 ("EasyTranslate") to you ("Customer"). Any deviation from these general terms and conditions shall be in writing and signed by EasyTranslate in order to be applicable.
1.2 A Customer must be at least 18 years of age to contract with EasyTranslate in any form, or to validly accept these Terms and Conditions.
1.3 The Customer has received a copy of the Terms, and the Customer is considered to have accepted them when requesting initiation of the work.
- Offers and signing of agreements
2.1 An agreement has been entered into when the Customer in writing has approved an offer submitted by EasyTranslate or when EasyTranslate has sent a written confirmation of a task assigned by the Customer. Written approval or confirmation shall include approval or confirmation sent by e-mail or in the EasyTranslate platform.
2.2 If the person who assigns a task to EasyTranslate does not explicitly point out that he or she is acting at the request of, or on behalf of, third parties at the time of entering into the agreement and produces a power of attorney from that third party to prove it, the person who has assigned the task to EasyTranslate is deemed to be the Customer.
2.3 If EasyTranslate has not had reasonable or sufficient opportunity to assess the complexity of the document to be translated and/or edited, any offer submitted on the relevant document shall be deemed to be submitted subject to the fact that the document's nature does not complicate or delay the task. If the document's complexity complicates or delays the task, EasyTranslate may choose to withdraw the offer.
2.4 Offers made by EasyTranslate are given subject to the condition that the material that is ultimately submitted by the Customer for the use of EasyTranslate, is the same media, format and in other ways in accordance with the material that has been the basis of the offer.
- Delivery etc.
3.1 EasyTranslate shall, as far as possible, comply with agreed delivery deadlines, subject to cases where EasyTranslate awaits input/material from the Customer. If no timetable has been agreed, the assignment shall be performed at the rate which, in addition, is considered reasonable by the scope of the assignment.
3.2 For products where the service is to be delivered within a certain time interval, e.g. Within 30 minutes, the time interval is counted only from the time EasyTranslate has received the document in the correct and final format.
3.3 If EasyTranslate is delayed in its delivery to the Customer, this does not entitle the Customer to cancel the transaction until after written request to EasyTranslate to correct the issue. After that, EasyTranslate has a reasonable time to deliver the service as agreed.
- Change or cancellation
4.1 If the Customer makes changes or additions to a task after an agreement has been entered into, and if these changes and/or additions are not limited in scope, EasyTranslate reserves the right to change the time of delivery and/or the fee in relation to the changed nature of the task. EasyTranslate shall unilaterally decide if a change and/or addition is limited in scope or not. Before the changed task is started, EasyTranslate shall obtain the Customer's confirmation of the changed terms.
4.2 If the Customer cancels a task after the agreement has been entered into, the Customer shall pay the entire agreed fee unless otherwise agreed with EasyTranslate. EasyTranslate shall deliver all work, which has already been performed, to the Customer.
- Performance of tasks and confidentiality
5.1 In connection with translation tasks, the Customer is obliged to provide all necessary and relevant information to EasyTranslate regarding the text to be translated, including any particular terminology to be used. The Customer is fully responsible for the task being exhaustive and sufficiently described to EasyTranslate.
5.2 EasyTranslate is entitled to use subcontractors to the performance of a task, but EasyTranslate is responsible to the Customer for the subcontractor's work equal to tasks performed by EasyTranslate.
5.3 If EasyTranslate is delayed in its delivery to the Customer, this does not entitle the Customer to cancel the transaction until after written request to EasyTranslate to correct the matter. After the request, EasyTranslate has a reasonable time to deliver the service as agreed.
5.4 EasyTranslate treats all information and tasks received from the Customer as confidential and enjoins its subcontractors the same obligation to confidence.
5.5 The Customer acknowledges and agrees that (i) confidential information about EasyTranslate disclosed to the Customer in question in the delivery of a product or service is to be considered as EasyTranslate's property and (ii) to keep such information confidential and not to disclose to any third parties, except in so far as confidential information is to be disclosed under applicable law, provided that the Customer in question (a) informs, as far as possible, EasyTranslate in writing about the information to be disclosed and the circumstances in which the disclosure is alleged to be necessary so that as early as possible before such disclosure must be made, and (b) take all reasonable precautions to avoid and limit the disclosure.
5.6 EasyTranslate is entitled to loyally and as part of EasyTranslate’s general marketing activities (e.g. by using your logo etc.) to refer to the fact that the Customer is a customer of EasyTranslate as well as to use the delivery for marketing purposes without paying any fees to the Customer.
- Fee and payment
6.1 EasyTranslate's fee for a task will be stated to the Customer prior to the start of a task.
6.2 Stated prices are exclusive of VAT, unless otherwise expressly stated.
6.3 EasyTranslate provides standard payment terms of fourteen days on all customer invoices. If payment for the invoice is not received on or before the due date stated on the invoice, then the Customer is liable to pay late fees and interest, as issued by Easytranslate’s third-party collections company, Hokas Credit Management. Once fees and interest are issued by Hokas, the Customer is obliged to pay these fees to EasyTranslate, as EasyTranslate is being charged these fees by Hokas and is unable to reverse them.
6.4 The Customer is not entitled to use any delivery until full payment has taken place.
6.5 EasyTranslate is entitled to cancel all work for the Customer if the Customer does not pay timely.
7.1 If the Customer is dissatisfied with a service provided by EasyTranslate, the Customer shall within 10 days from the receipt of the service send a written complaint to EasyTranslate. The complaint shall contain a detailed explanation of the discontent. If the Customer has not forwarded a complaint to EasyTranslate within the time limit laid down, the service is deemed to be approved by the Customer and the Customer loses any remedy in relation to misconduct.
7.2 If EasyTranslate considers a complaint to be justified, EasyTranslate will as far as possible meet the complaint and change the service provided.
7.3 EasyTranslate is at all times entitled to correction (in Danish: “afhjælpning”) and/or replacement. Upon proper correction and/or replacement, the Customer cannot make claim for other remedies because of default. Proportionate reduction in prices is only granted in case of material defects which EasyTranslate has chosen not to correct and/or replace.
7.4 Submission of a complaint shall under no circumstances exempt the Customer for his/her payment obligation.
- Liability for damages and indemnification
8.1 EasyTranslate assumes no responsibility for damage or financial loss, including but not limited to, operating loss, loss of profit, loss of data, loss of material, or any other indirect financial loss suffered as a consequence of the use of EasyTranslate's products or services.
8.2 EasyTranslate is not responsible for any loss inflicted on the Customer, as a direct or indirect result of the fact that EasyTranslate is prevented or delayed in fulfilling its obligations due to conditions that are beyond EasyTranslate's control.
8.3 The Customer shall bear all risk using the text translated by EasyTranslate, including personal injury and financial damage. It is expected that the Customer checks the correctness of the service delivered by EasyTranslate, especially when these may be of decisive importance, such as numbers or medical information. Thus, the Customer may not hold EasyTranslate responsible for loss or damage caused by the use of documents or information from the Customer that EasyTranslate may have provided.
8.4 EasyTranslate’s obligations under this agreement shall be excused in case of a force majeure event, meaning conditions that are beyond a Party's control, including strike, labour dispute, defect or delay in delivery from sub-suppliers or external consultants, fire, damage by water and natural disaster, and which EasyTranslate could not have taken into account when entering into this agreement.
8.5 In the event that EasyTranslate's delivery violates third party's right, EasyTranslate is entitled to (i) seek to acquire the Customer the right to use the delivery as provided, (ii) to terminate the violation by changing or replacing the delivery of choice, or (iii) terminate the agreement against repaying the consideration received.
8.6 If the Customer is notified and / or brought an action for infringement of third party rights, the Customer is obliged to notify EasyTranslate in writing thereof.
8.7 The Customer shall indemnify EasyTranslate for any claim for damages made by third parties as a result of EasyTranslate's performance of a task for the Customer.
8.8 In all cases, EasyTranslate's total liability is limited to the amount paid by the Customer to EasyTranslate and is subject to the Customer sending a written claim within 3 months from EasyTranslate's delivery.
9.1 If a party is in material breach of his/her obligations, the other party may terminate the agreement when he/she in advance has given the other party a 10 days' notice in writing, and the breach, notwithstanding, has not been terminated.
- IP Rights
10.1 All intellectual property rights associated with EasyTranslate services, including software, business secrets and know-how belong to EasyTranslate with all rights reserved.
10.2 EasyTranslate’s proprietary rights and intellectual property rights to the service provided by EasyTranslate, including developed concept, including, but not limited to, sketches, layout, text suggestions and texts, regardless which technique has been used to develop such rights and regardless which way such rights are stored, belong to EasyTranslate until payment in full has been received.
10.3 The Customer agrees that no confidential, private or secret information provided by EasyTranslate infringes or conflicts with any third party's intellectual property rights and the Customer agrees to indemnify EasyTranslate from any liability that EasyTranslate may incur in connection with any claims made against EasyTranslate based on a claim that the information that the Customer has provided to EasyTranslate violates any intellectual property rights or other proprietary rights of any third party.
- Personal Data
11.1 In order to deliver and improve its services, EasyTranslate collects certain data about the Customer. EasyTranslate must at all times comply with applicable data protection and privacy laws regarding the processing of personal data about the Customer. For the purposes of this provision, the term "personal data" has the same meaning as the corresponding term in the General Data Protection Regulation (GDPR).
11.2 The Customer can contact EasyTranslate (The Data Protection Officer at firstname.lastname@example.org) at any time and request information on which data EasyTranslate has collected and stored. The Customer can also correct or delete under certain circumstances in their profile.
11.3 The Customer acknowledges and agrees that, under certain circumstances, EasyTranslate may be required to disclose personal information to third parties, such as to comply with applicable laws or to protect and defend EasyTranslate's property rights, if the third party receiving the information is bound by professional secrecy.
12.1 EasyTranslate reserves the right to make changes to the Terms at any time. Any agreement between the Customer and EasyTranslate will be subject to the Terms at the time of the conclusion of the agreement.
12.2 The latest version of the general terms and conditions is always available on www.EasyTranslate.com.
- Governing law and venue
13.1 Any dispute between the Customer and EasyTranslate shall be settled by the Copenhagen City Court under Danish law.