Terms and Conditions
Terms and Conditions – Translating and Interpreting
General Commercial Terms of EUFRAT Translating and Interpreting Centre – a Division of EUFRAT Group, s. r. o. (in accordance with the Czech Act 89/2012 Coll. [Civil Code] as amended) I. Introductory Provisions I.1 This General Commercial Terms (hereinafter GCT) are an inseparable part of a contract concluded between the Supplier and the Client. The company EUFRAT Group, s. r. o., seat Plzeň – Východní předměstí, Pallova 42/8, post/zip code 301 12, registered in the Czech Commercial Register kept by the Regional Court of justice in Plzeň, Section C, File 18780 (hereinafter the Supplier) , acts as the Supplier through its organizational division EUFRAT Translating and Interpreting Centre (hereinafter ETIC). I.2 A contract between the Client and the Supplier is concluded based upon accepting a written order. The order may be accepted also in the form of an electronic document sent by e-mail (hereinafter the Order). I.3 Either a Consumer or an Entrepreneur may act as the Client. A Consumer means any natural person entering into a contractual relationship or otherwise deals with the Supplier outside his/her entrepreneurial activity or outside his/her independent performance of his/her job. An Entrepreneur means any natural person or legal entity performing, independently and on their own expense and responsibility, a substantial gainful activity by the means of entrepreneurial or other activities with the aim of gaining profit. Also any natural person entering into contractual relationships relating to his/her own commercial, productive or any similar activity or his/her independent performance of his/her job, as well as any person acting on behalf or on account of an Entrepreneur, shall be treated as an Entrepreneur (e.g. with regards to the consumer protection). I.4 By submitting an Order in a written form the Client confirms that they have read and understood the GCT as amended, valid and effective at the moment of submitting the Order. I.5 The Client shall receive a printed copy of the CGT in the form of an Annex to the Contract. If the Contract is concluded by the means of electronic communication, the Client shall receive the CGT in the form of an attachment sent to their email address. I.6 If the Supplier does not notify the Client within 24 hours after receiving of the order that they do not accept (some of) the order terms and conditions, the order is considered accepted and the terms and conditions stated in the order are assumed valid. I.7 If the Supplier notifies the Client within the term as stipulated in I.6 that they do not accept (some of) the order terms and conditions, no contractual relation is concluded until the unaccepted terms and conditions have been amended accordingly. I.8 A contractual relation is concluded also when the Client accepts the Supplier’s proposal for changes in an order terms and conditions. In such a case, the latest agreed wording of terms and conditions is assumed valid for the contractual relation. I.9 Based on the terms and conditions agreed, the Supplier processes an order sheet. The order sheet is then sent to the Client (can be in an electronic form) and is considered a mutual confirmation of the concluded contractual relation. I.10 Terms and conditions as stipulated in the order sheet may be amended, altered or cancelled solely by a written agreement between the Supplier and the Client. Once the order sheet has been confirmed, it is impossible to alter or amend any data, especially (but not limited to) those identifying the Client, in the order sheet and/or any subsequently issued tax documentation. II. Deliverables II.1 The deliverables of the contractual relation are services as qualified within the subject of enterprise of the Supplier, including but not limited to translations, interpretations and other connected services (hereinafter the Commission), processed, realized and delivered as specified in the Client’s order (order sheet). III. Information before the Conclusion of a Contract III.1 In accordance with the stipulations of Section 1820 of the Czech Civil Code, the Supplier hereby announces that: a) the expenses of remote communication do not differ from the basic rate (in the case of the Internet or telephone connection according to the terms and conditions of the Client’s provider, EUFRAT Group, s. r. o., does not charge any extras); b) the final calculation is based on the service pricelist of the Supplier, which has been used by the Supplier for processing the quotation; c) all the rates in the pricelist are given both VAT excluded and included; d) in the case where the Client is a Consumer and the Contract is concluded by electronic communication means (e.g. Internet, telephone etc.), the Client has the right to withdraw from the Contract within 2 weeks following the conclusion of the Contract. The Client is to inform the Supplier about their withdrawal from the Contract by sending an email to preklady@eufrat.cz. The Client, however, cannot withdraw from the Contract if the Supplier has, with the Client’s consent, performed the services before the term for withdrawal; e) if the Client withdraws from a Contract while the performance of the services defined in the Contract has already started, the Client is obliged to pay the proportional part of the price; f) should the Client want to make a complaint, they may do so in a written form sent to the Supplier’s address for correspondence or by an email sent to preklady@eufrat.cz. IV. Translating Services IV.1 General Provisions IV.1.1 Once the requirements stipulated in Section I have been met, the Supplier undertakes to process the Commission as contracted (in the language required, within the agreed term etc.) and to deliver it to the Client in the form agreed. IV.1.2 By sending in the binding order (confirmed order sheet), the Client undertakes to receive the processed Commission and to pay the Supplier the final price of the Commission as stipulated in Sections VII and VIII. IV.2 Delivery Terms of the Commission IV.2.1 The Client undertakes to receive the processed Commission on the date and in the form as stipulated in the order (order sheet). IV.2.2 The Client or their representative undertake to confirm without further delay to the Supplier in written form that they have received the Commission on time and without patent defects. IV.2.3 Should the Client fail to comply with their obligation according to IV.2.2 and/or fails to reclaim in written form the delivery of the Commission within 24 hours after the original term of delivery has expired, the Supplier shall consider the Commission to be delivered duly and on time. IV.2.4 The Commission is not considered delayed if, on being prompted by the Client, the Supplier delivers the Commission anew, giving proof at the same time of having sent the Commission to the Client when it was due. IV.2.5 If, for a substantial reason, the Commission cannot be delivered by the means as ordered/agreed, the Supplier has the right to opt for a substitute means of delivery at the expense of the Client; the Client shall be notified in advance should such a case occur. IV.2.6 Should the Client decline to receive a duly ordered and processed Commission on no substantial grounds recognized by both parties, such Commission shall be considered completed and treated as if delivered. The Supplier has the right to issue an invoice and the Client is to settle this invoice. IV.3 Rights and Obligations IV.3.1 The Client is to disclose to the Supplier the purpose (target readers, intended effect, end form etc.) of the Commission. IV.3.2 If the Supplier is not informed on the purpose of the Commission, possible complaints arising from not meeting the Client’s needs obviously caused by not informing the Supplier on the purpose of the Commission will be considered unjustified. If the translated texts are intended for publishing, the order (order sheet) is to state this intention explicitly. IV.3.3 If the text to be translated contains substantial amount of professional or special terminology, abbreviations etc., the Client undertakes to support the Supplier with cooperation to an extent necessary for completion of the Commission, namely to provide the Supplier with a list of used/known relevant terminology in the respective language, to lend the Supplier other relevant auxiliary material, special dictionaries etc., and/or to appoint a contact person responsible for providing consultations within the particular Commission. Possible complaints arising from not meeting the Clients needs obviously caused by not cooperating with the Supplier as mentioned here will be considered unjustified. In such a case the Supplier cannot be in delay, nor are they bound by the original date of completion and delivery of the Commission to the Client. IV.3.4 If the Client reclaims the delivery of the Commission according to IV.2.3, the Supplier is to dispatch the Commission without further delay, or a prolongation of the delivery term should be negotiated between the Client and the Supplier. IV.3.5 The Client undertakes to inform the Supplier on any circumstance that may influence their obligation to pay the Commission price. The Client is to inform the supplier namely on their filing for bankruptcy or entering liquidation. IV.3.6 The Supplier is not liable for possible consequences of a copyright infringement committed by the Client. IV.3.7 The Supplier undertakes to treat all negotiations relating to the Commission as confidential and professes to handle all materials and documents submitted by the Client as classified. This does not apply to making the said materials accessible to ETIC employees, collaborators or end suppliers; the Supplier however undertakes to delegate the same confidentiality commitment to all their employees, collaborators or end suppliers dealing with the Commission. IV.4. Claims and Complaints IV.4.1 The received Commission is considered faulty if it has not been processed according to the order (order sheet). IV.4.2 The received Commission is further considered faulty if it has not been processed in the quality corresponding to the order (order sheet). IV.4.3 If there is no ground for considering the Commission faulty according to IV.4.1 and/or IV.4.2, the Commission is considered faultless. IV.4.4 Claims and complaints are to be made in written form. The letter of complaint must state clearly the grounds for the complaint and describe the character of the faults. It is advisable that a list of faults be attached. IV.4.5 If the Supplier admits the Client’s claim justified, a proof-reading of the text shall be done at the Supplier’s expenses. Further to this, the Client is entitled to a deduction from the price of up to 10%. IV.4.6 If the Supplier admits the Client’s claim justified for other reason than as specified in IV.4.2, or if the Client declines the offered proof-reading, the Client is entitled to an appropriate deduction from the price of the Commission. IV.4.7 The deduction amount depends on the agreement between the contract parties and on the character of faults. IV.4.8 If the contract parties disagree over the legitimacy of on-time claims and complaints made by the Client for the liability of the Supplier for faults as stipulated in IV.4.2, the contract parties undertake to settle the dispute by an out-of-court settlement in the form of an independent expert opinion delivered by a mutually agreed upon sworn translator registered with a relevant regional court of justice. IV.4.9 In cases defined in IV.4.8, the deduction amount derives from the statement given by the expert opinion. IV.4.10 An advance payment for the expert opinion needed in cases defined in IV.4.8 is payable half-and-half by both the Supplier and the Client. The final payment proportion will depend on the statement given by the expert opinion. IV.4.11 The Supplier is liable for damages caused by the faults of the completed Commission up to the price of the Commission. IV.5 Terms for Lodging a Claim IV.5.1 Claims resulting from the Supplier’s liability for faults expire if lodged in delay. IV.5.2 The Client is to lodge claims resulting from the Supplier’s liability for faults with the Supplier without unnecessary delay immediately after having discovered the faults, 21 days after the Commission has been received at the latest. IV.5.3 With the term for lodging the claim as stipulated in IV.5.2 of this Section expired, all claims lodged shall be considered null and void. V. Interpreting Services V.1 General Provisions V.1.1 Once the requirements stipulated in Section I have been met, the Supplier undertakes to process the Commission as contracted (interpreting services) and to deliver it to the Client in the form agreed, in the language required, within the agreed term and at the agreed venue. V.1.2 By sending in the binding order (confirmed order sheet), the Client undertakes to receive the processed Commission and to pay the Supplier the final price of the Commission as stipulated in Sections VII and VIII. V.1.3 The Supplier undertakes to realize the Commission by a qualified and proven interpreter (end supplier). V.2 Delivery/Realization Terms of the Commission V.2.1 The Client undertakes to provide for the realization of the Commission on the date and in the form as stipulated in the order (order sheet). V.2.2 After the interpreting has been realized, the Client or their representative undertake to confirm without further delay to the Supplier in written form that the interpreting has been realized as ordered. V.2.3 Should the Client decline to receive a duly ordered and processed Commission on no substantial grounds recognized by both parties, such Commission shall be considered completed and treated as if realized. The Supplier has the right to issue an invoice and the Client is to settle this invoice. V.3 Rights and Obligations V.3.1 The Client is to disclose to the Supplier the purpose of the Commission. If the interpreting is planned to be recorded (audio/video), the Client undertakes to inform the Supplier on such fact as well as on means of the recording prior to realization of the Commission. V.3.2 If the Supplier is not informed on the purpose of the Commission, possible complaints arising from not meeting the Clients needs obviously caused by not informing the Supplier on the purpose of the Commission will be considered unjustified. V.3.3 The Client undertakes to provide the Supplier with auxiliary materials (such as a programme, minutes of the last meeting, speech notes and other written documents if available) 3 days prior to the realization at the latest. Possible complaints arising from not meeting the Clients needs obviously caused by not cooperating with the Supplier as mentioned here will be considered unjustified. In such a case the Supplier cannot be in delay, nor are they bound by the original date of completion and delivery of the Commission to the Client. IV.3.4 The Client undertakes to inform the Supplier on any circumstance that may influence their obligation to pay the Commission price. The Client is to inform the supplier namely on their filing for bankruptcy or entering liquidation. V.3.5 The Supplier is not liable for possible consequences of a copyright infringement committed by the Client. V.3.6 The Supplier undertakes to treat all negotiations relating to the Commission as confidential and professes to handle all materials and documents submitted by the Client as classified. This does not apply to making the said materials accessible to ETIC employees, collaborators or end suppliers; the Supplier however undertakes to delegate the same confidentiality commitment to all their employees, collaborators or end suppliers dealing with the Commission. This also applies to the information the said persons learn during realization of the Commission. V.3.7 The Client may not require the end supplier to act beyond the order (such as providing a written translation of meeting minutes, acting in the quality of a tourist guide, etc.). V.3.8 The Supplier is entitled to claim remuneration for the whole duration of the Commission as ordered, regardless to whether the Client has consumed the full period of duration or not. V.3.9 The Client is to provide the conditions including the interpreting equipment relevant to the ordered type of interpreting at their expenses, unless they have ordered that from the Supplier. V.3.10. In the case of simultaneous (conference) interpreting, the Client undertakes to honour the technical conditions of this type of interpreting as stipulated by the technical standard ČSN ISO 2603 730503. V.4 Transportation, Accommodation and Board V.4.1 The Client is to provide, at their expenses, for the end supplier’s transportation to and from the venue of interpretation, the means of transportation to be agreed upon with regard to the distance between the boarding point and the venue. V.4.2 If the end supplier uses their own vehicle / a vehicle provided by the Supplier / public transport, the Client is to cover the transportation expenses (fuel and vehicle wear and tear, fares respectively) to full extent to the Supplier. V.4.3 Should the realization of the Commission at a distant venue require an overnight stay, the Client is to provide, at their expenses, the end supplier with a hotel-type accommodation in a single en-suite. V.4.4 The Client is to allow for a break for refreshment and resting in the length of at least 30 minutes, after four hours of interpreting (interpreting half-day) at the latest. V.4.5 The interpreting half-day is defined as four hours spent at the venue including breaks, idle time, transits (if the interpreting takes place at more than one venue) and delays. V.4.6 The end supplier is entitled, via the Supplier, to a compensation for the idle time. V.5 Claims and Complaints V.5.1 The received Commission (interpretation) is considered faulty if it has not been realized according to the order (order sheet). V.5.2 The received Commission is further considered faulty if it has not been processed in the quality corresponding to the order (order sheet). V.5.3 If there is no ground for considering the Commission faulty according to IV.5.1 and/or IV.5.2, the Commission is considered faultless. V.5.4 Claims and complaints are to be made in written form. The letter of complaint must state clearly the grounds for the complaint and describe the character of the faults. It is advisable that a recording/transcript of faults be attached. V.5.5 If the Supplier admits the Client’s claim justified, the Client is entitled to an appropriate deduction from the price of the Commission. V.5.6 The deduction amount depends on the agreement between the contract parties. V.5.7 If the contract parties disagree over the legitimacy of on-time claims and complaints made by the Client for the liability of the Supplier for faults as stipulated in V.5.2, the contract parties undertake to settle the dispute by an out-of-court settlement in the form of an independent expert opinion delivered by a mutually agreed upon sworn interpreter registered with a relevant regional court of justice. V.5.8 In cases defined in V.5.7, the deduction amount derives from the statement given by the expert opinion. V.5.9 An advance payment for the expert opinion needed in cases defined in V.5.7 is payable half-andhalf by both the Supplier and the Client. The final payment proportion will depend on the statement given by the expert opinion. V.5.10 The Supplier is liable for damages caused by the faults of the completed Commission up to the price of the Commission. V.6 Terms for Lodging a Claim V.6.1 Claims resulting from the Supplier’s liability for faults expire if lodged in delay. V.6.2 The Client is to lodge claims resulting from the Supplier’s liability for faults with the Supplier without unnecessary delay immediately after having discovered the faults, 21 days after the (last) day of the realization at the latest. V.6.3 With the term for lodging the claim as stipulated in V.6.2 expired, all claims lodged shall be considered null and void. VI. Text and Voice Services VI.1 General Provisions VI.1.1 Once the requirements stipulated in Section I have been met, the Supplier undertakes to process the Commission as contracted (text/voice services) and to deliver it to the Client in the form agreed, in the language required, within the agreed term and at the agreed venue. VI.1.2 By sending in the binding order (confirmed order sheet), the Client undertakes to receive the processed Commission and to pay the Supplier the final price of the Commission as stipulated in Sections VII and VIII. VI.1.3 The Supplier undertakes to realize the Commission by a qualified and proven end supplier (native speaker). VI.2 Delivery/Realization Terms of the Commission VI.2.1 The Client undertakes to provide for the realization of the Commission on the date and in the form as stipulated in the order (order sheet). VI.2.2 After the interpreting has been realized, the Client or their representative undertake to confirm without further delay to the Supplier in written form that the Commission has been delivered/realized free of patent faults or arrears, or that it has been realized duly and on time. VI.2.3 Should the Client decline to receive a duly ordered and processed Commission on no substantial grounds recognized by both parties, such Commission shall be considered completed and treated as if realized. The Supplier has the right to issue an invoice and the Client is to settle this invoice. VI.3 Rights and Obligations VI.3.1 The Client is to disclose to the Supplier the purpose of the Commission. If an AV recording is the intended end product of the Commission, the Client undertakes to inform the Supplier on such fact as well as on means of the recording prior to realization of the Commission. VI.3.2 If the Supplier is not informed on the purpose of the Commission, possible complaints arising from not meeting the Clients needs obviously caused by not informing the Supplier on the purpose of the Commission will be considered unjustified. VI.3.3 If an A/V recording is the intended end product of the Commission, the Client undertakes to provide the Supplier with source materials (such as the script, screenplay, recordings of other language versions if available, etc.) 3 days prior to the realization at the latest. If a musical performance (singing) is to be recorded, the Client is to provide the Supplier with a recording of the accompanying music (composition, individual sample voices respectively), musical notation and lyrics in advance enough depending on the volume/length of the recording. Possible complaints arising from not meeting the Clients needs obviously caused by not cooperating with the Supplier as mentioned here will be considered unjustified. In such a case the Supplier cannot be in delay, nor are they bound by the original date of completion and delivery of the Commission to the Client. VI.3.4 The Client undertakes to inform the Supplier on any circumstance that may influence their obligation to pay the Commission price. The Client is to inform the Supplier namely on their filing for bankruptcy or entering liquidation. VI.3.5 The Supplier is not liable for possible consequences of a copyright infringement committed by the Client. VI.3.6 The Supplier undertakes to treat all negotiations relating to the Commission as confidential and professes to handle all materials and documents submitted by the Client as classified. This does not apply to making the said materials accessible to ETIC employees, collaborators or end suppliers; the Supplier however undertakes to delegate the same confidentiality commitment to all their employees, collaborators or end suppliers dealing with the Commission. This also applies to the information the said persons learn during realization of the Commission. VI.3.7 The Client may not require the end supplier to act beyond the order (such as providing a previously not ordered proof-reading of the written documents, etc.). VI.3.8 The Supplier is entitled to claim remuneration for the whole duration of the Commission as ordered, regardless to whether the Client has consumed the full period of duration or not. VI.3.9 The Client is to provide the conditions including the recording equipment/studio corresponding with the ordered type of performance at their expenses, unless they have ordered that from the Supplier. VI.4 Transportation, Accommodation and Board VI.4.1 The Client is to provide, at their expenses, for the end supplier’s transportation to and from the venue of recording, the means of transportation to be agreed upon with regard to the distance between the boarding point and the venue. VI.4.2 If the end supplier uses their own vehicle / a vehicle provided by the Supplier / public transport, the Client is to cover the transportation expenses (fuel and vehicle wear and tear, fares respectively) to full extent to the Supplier. VI.4.3 Should the realization of the Commission at a distant venue require an overnight stay, the Client is to provide, at their expenses, the end supplier with a hotel-type accommodation in a single en-suite. VI.4.4 The Client is to allow for a break for refreshment and resting in the length of at least 30 minutes, after four performing man-hours at the latest. VI.4.5 The performing man-hour is defined as 60 minutes spent at the venue per end user, including breaks, idle time, transits (if the recording takes place at more than one venue) and delays. VI.4.6 The end supplier is entitled, via the Supplier, to a compensation for the idle time. VI.5 Claims and Complaints VI.5.1 The received Commission is considered faulty if it has not been realized according to the order (order sheet). VI.5.2 The received Commission is further considered faulty if it has not been processed in the quality corresponding to the order (order sheet). VI.5.3 If there is no ground for considering the Commission faulty according to VI.5.1 and/or VI.5.2, the Commission is considered faultless. VI.5.4 Claims and complaints are to be made in written form. The letter of complaint must state clearly the grounds for the complaint and describe the character of the faults. It is advisable that a recording/transcript of faults be attached. VI.5.5 If the Supplier admits the Client’s claim justified, the Client is entitled to an appropriate deduction from the price of the Commission. VI.5.6 The deduction amount depends on the agreement between the contract parties. VI.5.7 If the contract parties disagree over the legitimacy of on-time claims and complaints made by the Client for the liability of the Supplier for faults as stipulated in VI.5.2, the contract parties undertake to settle the dispute by an out-of-court settlement in the form of an independent expert opinion delivered by a mutually agreed upon expert. VI.5.8 In cases defined in VI.5.7, the deduction amount derives from the statement given by the expert opinion. VI.5.9 An advance payment for the expert opinion needed in cases defined in VI.5.7 is payable half-andhalf by both the Supplier and the Client. The final payment proportion will depend on the statement given by the expert opinion. VI.5.10 The Supplier is liable for damages caused by the faults of the completed Commission up to the price of the Commission. VI.6 Terms for Lodging a Claim VI.6.1 Claims resulting from the Supplier’s liability for faults expire if lodged in delay. VI.6.2 The Client is to lodge claims resulting from the Supplier’s liability for faults with the Supplier without unnecessary delay immediately after having discovered the faults, 21 days after the (last) day of the realization at the latest. VI.6.3 With the term for lodging the claim as stipulated in VI.6.2 expired, all claims lodged shall be considered null and void. VII. Price of the Commission VII.1 The price pre-calculation as well as the final calculation is based on the Supplier’s current price list. The relevant entries of the price list are reflected in the price offer (order sheet) serving as a base for placing a binding order by the Client. VII.2 While the pre-calculation may be based on an estimation of calculation units, the final calculation will always reflect the actual number of calculation units in the target language. VII.3 The principal calculation unit for translations and other text services (such as proof-reading, editing etc.) is 1 standard page (SP) defined as 1800 typographic characters incl. spaces. The principal calculation unit for interpretations is 1 interpreting half-day defined as 4 man-hours incl. breaks and idle time spent by the interpreter at the venue of interpretation. The principal calculation unit for voice services (such as recording, dubbing etc.) is 1 man-hour defined as 60 minutes incl. breaks and idle time spent by the performer at the venue of performance. Other calculation units derived from the principal calculation units are defined in the Supplier’s current price list VII.4 All prices in the price list are given VAT excluded as well as VAT included. If not stated otherwise, the prices of single entries in an order sheet are VAT excluded but the total price estimation must include VAT according to the rate valid as to the date of taxable performance of the Commission. VII.5 The ETIC’s price list as amended is an inseparable part of the present GCT. VIII. Terms of Payment VIII.1 The supplier is entitled to issue an invoice (tax document) on completion of the Commission according to the order (order sheet). VIII.2 The Commission price is to be paid based on an invoice (tax document) issued by the Supplier due the date shown in the invoice. VIII.3 Should the Client be in delay with settling the invoice, the Supplier is entitled to claim a contractual fine amounting at 0.05% of the due amount for each day of the delay. VIII.4 Any late payment will first cover the contractual fine (if claimed) and only then the due amount itself. VIII.5 The Supplier is entitled to issue a pre-payment invoice (invoice for advance or down payment) due the date shown in the invoice. VIII.6 The tax document shall include the data from the confirmed order sheet. IX. Avoidance of Contract; Indemnification IX.1 Each of the contract parties has the right to terminate/frustrate the contract provided that unavoidable circumstances have occurred on the part of the respective contractual party that prevent the party from fulfilling its contractual duties. IX.2 The withdrawing party undertakes to inform the other contractual party on its termination of the contract in written form without unnecessary delay. IX.3 If the Client is the party that terminates the contract, they are to pay the Supplier a cancellation fee. The structure and amounts of cancellation fees are stated in the current Supplier’s price list and further in IX.3.1–IX.3.3 as follows: IX.3.1 Should the Client terminate the contract / cancel an order for translating or other text services, they are to pay the Supplier provable expenses as on the date of termination / cancellation or the whole price of the Commission, provided it has been finished by the date of termination / cancellation. IX.3.2 Should the Client terminate the contract / cancel an order for interpreting or other voice services after the contract was signed / went into force or after they confirmed (signed) the order sheet, but earlier than 5 days before the first day of performance, they are to pay the Supplier 25% of the total price estimate stated in the contract / order sheet. IX.3.3 Should the Client terminate the contract / cancel an order for interpreting or other voice services 5–1 days before the first day of performance or on the first day of performance, or on nonperformance caused by circumstances on the side of the Client, the Client are to pay the Supplier 90% of the total price estimate stated in the contract / order sheet. IX.4 The Supplier is in no way liable for any Client’s damages incurred due to unperformed contract should the contract be terminated by the Client or the non-performance caused by unpredictable and unavoidable circumstances (force majeure) whose occurrence the Supplier could not influence. IX.5 If the translation or the recording supplied by ETIC is intended to be published or further distributed by any means, the Client is to inform the Supplier on such a fact in advance. Should the Client fail to explicitly state the intention to make the deliverable supplied by ETIC public (i.e. that the translation is intended to be published, either in printed or electronic form, or that the recording is intended to be further distributed), the Supplier is not liable for any damages that may result from mistakes in the translation/recording. X. Special Provisions X.1 The Client undertakes not to contact directly the end supplier realizing the Commission without the Supplier’s prior consent. X.2 If the Client and the end supplier enter (with the Supplier’s prior consent) in contact, the Client undertakes not to negotiate with the end supplier anything that relates or may relate to the terms and conditions of the contract relation between them and the Supplier. X.3 If the Client and the end supplier enter (with the Supplier’s prior consent) in contact, the Client further undertakes to inform the Supplier on any new agreement/assignment with the end supplier. X.4 In the event of breach of the stipulations as specified in X.1, X.2, and X.3, the Client undertakes to pay a contractual fine amounting at CZK 100,000, regardless whether the commission has or has not been duly concluded. XI. Concluding Provisions XI.1 If not stipulated otherwise by the present General Commercial Terms, the mutual legal relations of the contract parties are governed by relevant provisions of the Czech Act 89/2012 Coll. (Civil Code) as amended. XI.2 The wording of the present General Commercial Terms holds binding for both contract parties. XI.3 The present commercial terms are considered “general commercial terms” of EUFRAT Translating and Interpreting Centre – a division of EUFRAT Group, s. r. o. and are applicable to all Commissions ordered from January 1, 2016 onwards.
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