General Terms and Conditions
Data of the service provider / operator
Name of service provider: Pentalingua Kft.
Brand name of the service provider: Pentalingua
Registered seat: 1126 Budapest, Istenhegyi út 5.
Vat number: 14185564-2-4
Company registration number: 01 09 892765
Name of representative: Anna Aranka Jakubowska
Contact data of the service provider, regularly used electronic mail address serving
for contact with users: firstname.lastname@example.org
Name of registering authority (Court of Registration): Company Registry Court of Budapest
– Capital Regional Court
Telephone Numbers: +36 30 3188399
Language of agreement: Hungarian
Data of hosting service provider: Biende Kft – 1143 Budapest, Hungária krt. 92-94.
- Scope of Service
Pentalingua Kft. as service provider (hereinafter referred to as: Translation Agency) shall undertake to provide the language translation and proofreading of text documents handed over to it by its clients, using subcontractors and performance assistance if required in terms of the languages and services specified in the order under the following terms and conditions.
- Request for Quotation, Quotation, Order and Confirmation. Conclusion of Agreement
The agreement may be concluded personally, via e-mail, mail or online order followed by the confirmation by the Translation Agency. The Client shall specify what material (length and type); from what languages to what languages, by what deadline and with what language services the text shall be translated. In case of a deficient order the Translation Agency shall call the Client to provide the missing details and send the order again. The order is deficient if any of the required detail is missing, or – excluding private person clients – the corporate signature is missing. The written acceptance sent by the Client in reply to the offer sent by the Translation Agency or the payment of the translation fee or the confirmation of the payment shall mean the acceptance of the offer given by the Translation Agency. The type of the service, the length of the text, the price of the work, the payment conditions and the deadline of the work shall be recorded in the confirmation given by the Translation in reply: the agreement shall be established with this content. In the lack of confirmation by the Translation Agency, the agreement shall not be established. The Translation Agency reserves the right to reject orders and to determine a different payment term from the order unilaterally if the Client has overdue debts in relation with its previous order(s).
Microsoft Word, Adobe Pro, or AbbyyFineReader programs shall be governing in determining the number of characters including spaces. In case of materials containing tables and images, or handwritten texts, the Translation Agency shall give an offer after discussions (via fax, e-mail, phone or personally).
- Translation, SOS Translation and Proofreading
The Client may order proofreading (which means the revision and stylistic correction of the professionally prepared translation), translation (which is the translation of the text of a professional field by a technical translator) and may also require SOS translation, which includes immediate translation. The Client shall accept that it may only request proofreading on a professionally prepared translation. Unprofessional translations may not be corrected by proofreading, in such cases the Translation Agency recommends the translation of the text again and offers its translation services. The Translation Agency shall only be accountable for the translation of the non-general, special terms in the text to be translated or proofread if the Client provides the Translation Agency with the translation of terms used by it concurrently with the text to be translated. If the Client requires “SOS translation”, i.e. quick translation (urgency, priority), then the corresponding deadline offered by the Translation Agency shall be recorded in the confirmation. If the Client does not indicate its request for deadline, the Translation Agency shall take into consideration the normal delivery deadline offered. The Translation Agency shall send the translation to the Client online (via e-mail or in a downloadable form).
- Authentic and Official Translation
The Client shall accept that under the legal regulations in force, only Hungarian Office for Translation and Attestation Ltd. (Országos Fordító és Fordításhitelesítő Iroda) is eligible to provide authentic translations or to attest translation and to prepare authentic copies, so the Translation Agency is not entitled to do this apart from few exceptions. Instead of an authentic translation, the Translation Agency shall provide official translations, however the Client of the translation shall confirm in advance that whether the third party accepts such translation, in relation to which the Translation Agency shall not bear any responsibility. In case of requiring an official translation, the Translation Agency shall declare in a certificate attached to the translation that the source text of the translation and the text of the translation are equivalent in content. If the Client requires an official translation certificate from the Translation Agency, then the Translation Agency shall prepare and hand over the certificate in an electronic form (PDF or ES3 with electronic signature and a time stamp) or in a printed (on paper stamped and signed). The Translation Agency shall prepare the certificate by the delivery deadline the latest and hand it over in a downloadable form or personally in its office. The Translation Agency sends the certificate via mail or courier upon the request and on the cost of the Client. The Translation Agency shall not take responsibility for the damages arising from the potential delay of postal services or the courier services.
The original copy of the certificates shall be stored in the central office of the Translation Agency for 30 days after the completion of the translation for the purpose of personal takeover. The Translation Agency shall eliminate the printed version of the translation after 30 days. If the Client requires, the Translation Agency shall prepare a new copy of the certificate of the translation the extra payable fee of which shall be equivalent with the fee of preparing the original certificate.
- General Fees and Deadlines
The Translation Agency shall determine the delivery deadline in the offer and the confirmation based on the length and the language of the translation and the current workload and makes all efforts to meet such deadlines in all cases. The period to the delivery deadline shall start on the day when the Translation Agency has received the material to be translated in a form on an electronic data carrier or electronically (e-mail) or in a printed form (if that day is not a workday, then on the following workday) and the client has paid the translation fee. All risks arising from sending the source material shall be borne by the Client in particular: late arrival, loss, damage or elimination. The time until the Translation Agency is unable to start the translation due to the unavailability, unreadability, damage or any circumstance not attributable to the Translation Agency and if the Translation Agency informs the Client about such reasons shall not be considered as part of the time available for the Translation Agency. The parties may agree on the modification of the deadline after the work has been started if the Translation Agency informs the Client about the potential delay. The delivery deadline shall not include the time until the Client has not paid the fee of translation to the Translation Agency upon the order or falls into delay; in such cases the Translation Agency shall reserve the right to unilaterally modify the deadline. The delivery deadline offered by the Translation Agency upon the request for quote shall only become the final deadline in case of order and payment within three hours of the reception of the quote. In other cases the deadline shall be changed in the moment of taking over the crediting of the bank payment or cash payment with the details of the order (giving source language, target language, number of characters, service) to the deadline calculated by the publicly accessible, automatic online deadline and fee calculator of pentalingua.com.
- Payment Terms
Payment may be made through the PayPal system or via bank transfer. The Translation Agency shall issue the invoice following the financial settlement, i.e. after the translation fee has been credited by the bank or received. If the Parties have agreed on payment after delivery, then the Client shall perform the payment on the basis of the invoice issued by the Translation Agency within 8 days in one sum. The Translation Agency reserves the right to require advance payment, partial settlement and partial payment or payment in advance; however this shall be discussed by the parties in advance as part of the quote in each case. In case of late payment the Translation Agency shall be entitled to claim default interests in accordance with the Civil Code, which default interest shall be due from the day of falling into delay. The Translation Agency shall issue an electronic invoice of the translation fee and send it via e-mail or make it available to the Client online by which the Translation Agency fulfils its obligation to issue an invoice in conformity with the legal regulations in force.
- Responsibility Defective Performance
The Client shall determine and supervise within its own organisation who may place orders on behalf of the Client. The Translation Agency shall not review the authorisation of the person acting on behalf of the Client to represent and proceed. The Client shall not refer to the lack or transgression of the authority of the person placing the order after the confirmation of the order placed by the Client and the partial performance of the translation or proofreading by the Translation Agency on the basis thereof.
The Client may only refer to defective performance in case of obvious translation / proofreading errors in case of translations on which it required technical translation or premium translation (technical proofreading). The Translation Agency undertakes to deem Act V. of 2013 on the Civil Code governing in managing complaints on quality related to potential defective performance and the obligation of discounts with the following supplementary terms and conditions. The Client shall review the work completed by the Translation Agency without delay. The Translation Agency shall accept complaints until the end of the 365th* day following the completion and handover of the translation, no warranty claims may be made on the basis of defective performance after that day. In case of warranty claims the objected part of the text shall be precisely indicated and the reason for the complaint shall be described in detail. If the complaint is well founded, the Translation Agency shall commence the correction of the objected part free of charge.
In case of any dispute the Translation Agency shall have the disputed part revised and reported by the specialist (technical translator) from the independent Association of Hungarian Translators and Interpreters and shall take the appropriate measures based on the judgement thereof (rejection of complaint, correction, compensation for damage or discount price). The Translation Agency shall have no more than 15 calendar days to obtain the specialist report. In the event that the complaint is unfounded according to the specialist, the Client and if it is founded, then the Translation Agency shall bear the costs of the specialist. The parties shall accept the proposal of the independent specialist as governing in the dispute.
The Translation Agency shall not be responsible for the translation of the ambiguous content in the source text, the translation content and modification of deadline arising from the formal, technical and content error in the source material. for the damages arising from the content of the source material injuring copyright, for late delivery arising from reasons not attributable to the Translation Agency, for the correctness of the technical terms requiring technical translation in the case of general (basic, “raw”) translation orders, for the accepting or rejecting conduct of the third party in case of requiring an official translation certificate, the grammatical, stylistic or word choice differences in the lack of ordering review. The Client accepts the delivery by using (handing over to third party for own interest or business purposes, publication) part or the complete translation taken over in accordance with the agreement and shall not rescind from the agreement, not refer to the lack of defect of the performance after that. Irrespectively of the above, the Translation Agency shall take all measures for the necessary subsequent correction of the translations at its own cost.
The Translation Agency shall take all reasonable measures in order to provide correct translated content within the deadline, but it shall not bear any liability for the damages potentially arising from incorrect translated content or for translations handed over after the deadline at the Client or any third party; it shall expressly refuse to financially compensate for such damages. In case of late delivery of the Translation Agency, the Client shall be entitled to terminate the agreement after 2 workdays (48 hours) concurrently notifying the Translation Agency in writing, except if the Translation Agency had notified the Client about the delay and the Client accepted the delay and the delivery by the new deadline or the Parties modified the delivery deadline by mutual consent. In case of lawful termination due to delay, the Translation Agency shall refund the translation fee and shall not be entitled to claim for the outstanding fee, nevertheless the Client shall not be entitled to use the translation already handed over and the Translation Agency shall not be liable to hand over the part of the work already prepared. In case of using the translation, the Client shall not be entitled to receive the refund. In case of late delivery of the Translation Agency, the Principle shall be entitled to receive 5% discount of the price after every 24 hours of delay but not more than 50% price discount. The Translation Agency shall not bear any additional responsibility for the damages arising from the delay but shall take all measures to mitigate the potentially arising damages.
- Termination of Agreement
The agreement between the Client and the Translation Agency shall be concluded for a temporary period of time until the delivery of the service undertaken and the remuneration thereof. The Client may terminate the agreement at any time with the compensation for the verified costs and damages of the Translation Agency, however the Translation Agency shall be entitled to receive the total translation fee after the acceptance of the translation (lack of complaint detailed in Section 7. above). Termination, withdrawal, etc. shall not be acceptable via telephone. The Translation Agency shall be entitled to claim or keep 30% of the translation fee specified in the confirmation after the commencement of the work to cover the costs of preliminary work, hiring workforce, etc. The Translation Agency shall not have this right exclusively if it can only complete the work with considerable delay for reasons arising from its own interest and it failed to inform the Client about this as soon as possible, or the Client did not accept the modification of the delivery deadline. The Translation Agency may terminate the agreement if it pays the total amount of the fee back to the Client or if the Client fails to fulfil its liabilities set forth in the agreement or if it grossly violates the agreement otherwise. The termination of the agreement by either party shall result in the settlement obligation of the parties towards each other irrespectively of the termination of the agreement.
- Other Provisions
The Client and the Translation Agency undertake to preserve all trade secrets and any data, information or fact the disclosure of which to any third, unauthorized person would injure or threaten the interests of the Parties or any third persons during the performance of the agreement. The Translation Agency shall be entitled to hand over the data and information to the subcontractors and performance assistants used by the Translation Agency, that are necessary in order to fulfil the agreement. In case of any dispute in relation with the agreement between the Parties or the performance thereof, then the Parties shall settle such dispute in amicable manner. In the event that this fails to lead to a result, the Parties shall stipulate the jurisdiction of the Court of Justice competent to the seat of the Translation Agency depending on the value. Questions not regulated in the present Agreement shall be governed by the Hungarian Civil Code and the Hungarian legal regulations in force at all times.
If a translation of unique nature is created as a result of the activity of the Translation Agency, in case of the existence of the conditions set forth by law, a copyright piece of art may be created. The Translation Agency shall provide the Client with right of use free of charge, unrestricted in terms of territory and time and the way of use for the provided copyright piece of art provided that the translation fee is paid. The Client shall be entitled to give the copyright material to use and to transform it. The Translation Agency shall be entitled to enforce against the Client all and any damages suffered due to the lack of right of the Client for the original text.
In the event that a third person enforces any claim against the Translation Agency for either the injury of its copyright or any other legal basis, then the Client shall undertake to exempt the Translation Agency from the fulfilment of such claims and completely compensates for the damages.
I hereby accept that my personal details listed below and stored in the user database of www.pentaligua.com operated by Pentalingua Kft. (1126 Budapest, Istenhegyi út 5.) shall be handed over to Pentalingua Kft. as data manager. Forwarded data: user name, surname, first name, country, phone number, e-mail. Purpose of forwarding data: customer service support for users
By placing the order the Client shall also declare that it learned the content of the information note relevant to the translation and accepts the general terms and conditions.