Inter-Translations SA, Bern, is referred to below as “ITSA”.
These general terms and conditions of contract govern all work entrusted to ITSA (in particular translations, but also any agreed consultancy services), save where otherwise agreed in writing.
Save where otherwise agreed between the customer and ITSA, the translation order is deemed to have been placed when the text reaches ITSA, by post, fax or electronic means.
ITSA reserves the right to reject orders which it cannot perform for delivery date, capacity or other reasons or which relate to unacceptable or unlawful texts; in such cases, the police may be informed.
When subsequent orders are placed, the customer is asked to inform ITSA of that fact and, if possible, to quote the previous order number.
ITSA accepts no liability if the customer erroneously places more than one order for translation of the same text. In that case, ITSA may present invoices for all the orders placed with it. The customer must inform ITSA in advance if it sends the same text to be translated for the same order by different means (e.g. by post and e-mail) to ITSA.
If the customer places orders with ITSA for third parties (e.g. if advertising agents send texts for translation on behalf of their own clients), the customer shall be liable for payment unless ITSA has a written authority from the third party which allows the cus-tomer to place the order in the name and for the account of the third party.
When placing the order, the customer must state the intended purpose of the translation (e.g. printed product for external use or internal use for information only).
Instructions for the performance and delivery of the translation must be notified to ITSA in writing when the documents to be translated are forwarded.
ITSA undertakes to deliver the translation to a professional standard appropriate to the order (intended use, instructions of the customer, urgency) and nature of the original document.
However, ITSA is not obliged to respect the custom-er’s subjective style preferences for the text. If these preferences are not satisfied, the customer is not en-titled to reduce the price. If stylistic revision is re-quested, the customer must pay ITSA the additional costs of adaptation at the agreed rates.
The original document supplied to ITSA by the cus-tomer is used as the basis for translation. ITSA cannot accept liability for errors caused by unclear passages or ambiguous formulations of the original document or by the fact that it is incomplete or illegible.
Translations intended for publication must always be submitted to ITSA for proofreading (approval) prior to printing; otherwise ITSA accepts no liability for any translation errors. This proofreading does not comprise a review of typographic or other design aspects (e.g. page breaks, association of texts with illustrations/diagrams, etc.). A review of that kind will only be undertaken by ITSA by special agreement and against separate payment.
Offers submitted by ITSA are deemed to be binding when ITSA has perused the documents and con-firmed the price in writing.
ITSA offers are valid for 30 days from the date of issue.
Offers submitted by ITSA are for guidance only, unless specifically agreed otherwise (e.g. flat-rate offer).
Save where specifically agreed otherwise (e.g. flat-rate price), the invoice for orders performed by ITSA will be drawn up on the basis of the translation calculated according to the effective costs and rates stated in the currently valid price list. The costs of special delivery services and exceptional postage and communication charges may be billed to the customer.
Credit balances of ITSA must be settled within 30 days of the invoice date.
Copyright in the translations performed remains the property of ITSA until payment has been received in full.
ITSA performs translations as quickly as possible pursuant to the order and the requirements of quality assurance.
Delivery dates are binding only if they have been expressly confirmed as such by ITSA in writing.
For urgent orders, ITSA reserves the right to charge an express supplement and/or to enter a quality reservation.
ITSA delivers the translation by the means requested by the customer in the order (post, fax, e-mail). If the customer gives no particular indications, ITSA will choose the means of delivery at its own discretion.
ITSA is not liable for delays and errors in transmission. Delivery dates are deemed to have been re-spected if the translation was dispatched in good time by ITSA, having regard to the forwarding period normally expected for the chosen means of transmission, so that it is reasonable to suppose that the translation will reach the customer at the desired time.
If delivery is impossible because of a power failure or interruption or breakdown of electronic data transmission, the delivery will be made at the earliest opportunity or a different means of transmission agreed. This does not entitle the customer to withdraw from the contract or make deductions from the payment.
ITSA will not disclose the customer’s documents to third parties, save for forwarding to its translators and, on the customer’s instructions, to graphic de-signers, printers, etc.
If the customer does not specifically designate the text or translation as confidential and has not given appropriate instructions for transmission to ITSA (encryption in e-mail traffic, personal addressing, etc.), ITSA is entitled to treat the customer’s documents and the translation as ordinary commercial correspondence and is, in particular, not required to transmit the texts in encrypted form by e-mail.
Where the documents delivered by the customers are not clearly stated to be originals or manifestly recognizable as such, ITSA may assume them to be copies. These will not be returned to the customer unless specifically requested by him.
ITSA is responsible for the customer’s original documents as long as they remain in its possession.
On delivery of the translation and after receipt of payment, ITSA is under no further obligation to keep the translations and documents delivered by the customer.
If the customer receives a code word enabling him to log on to the ITSA website and retrieve his own spe-cific data from it, he must take due care to ensure that no unauthorized persons have access to the code word and he shall have sole responsibility for any improper use of the code word. On the cessation of business relations, ITSA must be duly notified and the code word deleted. Should ITSA suffer prejudice from misuse of the code word for which the customer is responsible, it reserves the right to seek redress against the customer.
If a translation order is cancelled or postponed by the customer, he will be liable for all work performed and costs incurred up to the date of cancellation or postponement.
In the case of acts of god (strike, fire, economic disorders, natural disasters, acts of war) and other unpredictable events or occurrences beyond the control of ITSA (such as failure or breakdown of electronic transmission) which demonstrably influence performance of the contract, ITSA must inform the cus-tomer without delay, stating the reasons. Acts of god entitle both parties, i.e. ITSA and the customer, to cancel the contract.
The customer shall, however, in every case be liable to ITSA for payment in respect of work already done and delivered and for the related costs.
Complaints must be addressed to ITSA by the cus-tomer in writing within 30 days of delivery of the work, stating the reasons for the complaint.
Where the complaints are attributable to a fault on the part of ITSA, the latter shall arrange for the translation concerned to be revised or retranslated at its own expense.
ITSA expressly declines any further warranty.
ITSA is required to perform all orders with appropri-ate care. It is liable to the customer for direct prejudice caused by gross negligence or deliberate intent in connection with the order. The liability is confined to the payment for the order concerned. Liability for minor negligence and indirect prejudice such as loss of profit, claims by third parties on the customer, etc., is declined, in so far as this is permitted by law.
The place of performance for all obligations arising out of an order and the SOLE PLACE OF JURISDICTION is BERN. Every order placed with ITSA is gov-erned by Swiss law and in particular by Art. 363 ff (Works Contract) of the Swiss Law of Obligations.
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Inter-Translations SA
Pavillonweg 14 - 3012 Bern
+41 31 308 03 03
mail@itsa.ch