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Article 1 - Applicability of the terms and conditions 

1.1 These terms and conditions shall apply to all transactions and agreements between the Cathyqbn Vertaal¨Cen Trainingsbureau interpreter/translator (hereinafter: the translator) and the Client, in respect of which the translator has declared these terms and conditions to be applicable, to the exclusion of the Client's terms and conditions unless the translator has agreed in writing that they shall apply. 

1.2 The present terms and conditions shall also apply to all agreements with the translator, for the execution of which the involvement of third parties is required. 

Article 2 ¨C Quotations, formation of the agreement 

2.1 All offers and price quotations are made without any obligation. 

2.2 The contract shall take effect on the acceptance in writing by the Client of the quotation submitted by the translator, or - should no quotation have been submitted - by the confirmation in writing by the translator of a commission granted him by the Client. Should the translator be unable to examine the complete text within five working days before submitting his quotation he may however withdraw the quotation and delivery date after the Client has accepted the quotation. All quotations and fees stated shall be excluding VAT (BTW) unless it has clearly been agreed to be otherwise. 

2.3 The translator may consider his Client to be the person who has commissioned the work, unless the said person has clearly stated that he is acting on behalf of, on the orders of and on the account of a third party, and provided that the name and address of the said third party are concurrently submitted to the translator. 

Article 3 - Alteration/withdrawal of commission 

3.1 If, after the contract has been concluded, the Client makes any alteration other than minor changes to the original commission, the translator shall be entitled to adapt the delivery date and/or remuneration or to reject the commission. 

3.2 In the event of a commission being withdrawn by the Client he shall be liable for payment of that part of the commission that has already been executed and for payment on the basis of a fee per hour for research that has been undertaken with respect to the remainder of the commission. 

3.3 Should the translator have reserved time for the execution of the commission and not be able to use this time for other work, the Client shall pay the translator 50% of fee covering the portion of the commission that has not been executed. 

Article 4 - Execution of commissions, confidentiality 

4.1 The translator shall commit himself to executing the commission to the best of his ability, thereby employing sound professional knowledge and skills, with due regard to the purpose specified by the Client. 

4.2 The translator shall treat all information entrusted to him by the Client with the strictest confidence. The translator shall require his employees to observe the strictest confidence. Should an employee breach the said confidence, the translator shall not, however, be held liable if he can demonstrate that it was not in his power to prevent such disclosure. 

4.3 Unless it has been expressly stipulated to the contrary, the translator shall be entitled to have the commission (partly) executed by a third party, without prejudice to his responsibility for the observance of confidentiality and for the quality of execution of the commission. The translator shall require the said third party to observe the strictest confidence. 

4.4 On request, the Client shall provide the translator with information regarding the contents of the text to be translated, including documentation, reference material and terminology. Dispatch of the documents concerned shall be at the Client's risk and expense. 

4.5 The translator shall not be held responsible for the accuracy of information supplied to him by the Client and shall on no account accept liability for damage of any kind if the translator has operated from inaccurate or incomplete information supplied to him by the Client, even if such information was supplied to him in good faith. 

Article 5 - Intellectual Property 

5.1 Unless it is expressly stated in writing to the contrary, the translator shall retain the copyright on translations and other texts executed by him. 

5.2 The Client shall indemnify the translator from any claim by a third party regarding alleged breach of rights of ownership, patent, copyright or other intellectual property right in connection with the execution of the commission associated with the execution of the agreement. 

Article 6 - Rescission 

6.1 In the event of the Client failing to honor his commitments, or in the case of bankruptcy, moratorium, or liquidation of the Client's business, the translator shall be entitled wholly or partially to rescind the contract or to delay the execution of the commission, such action never rendering him liable for any claim for damages without any obligation to pay compensation. He may then demand immediate payment of remuneration due to him. 

Article 7 - Complaints and disputes 

7.1 The Client shall submit complaints concerning the work delivered by the translator as soon as possible and inform him in writing of his dissatisfaction within ten days after acceptance. The submitting of a complaint shall in no way relieve the Client of his obligation to pay for the work delivered. 

7.2 Should the complaint be well founded, the translator shall improve or replace the delivered work within a reasonable period of time, or - if the translator cannot reasonably comply with the request for improvement - agree to a reduction in the fee. 

7.3 The Client's right to make a claim shall lapse if the Client has made changes in the work or has had it changed and has subsequently passed it on to a third party. 

Article 8 - Date and time of delivery 

8.1 The agreed time of delivery shall be an estimated time, unless expressly agreed otherwise in writing. As soon as it becomes apparent to the translator that the agreed time of delivery is not feasible, he shall be obliged to inform the Client immediately. 

8.2 Should the translator be accountable for exceeding the agreed time of delivery, the Client shall be entitled - if he can not reasonably wait any longer - to rescind the contract unilaterally, in which case the translator shall not be obliged to pay compensation. 

8.3 Delivery shall be considered to have taken place at the moment of delivery by hand, dispatch by normal postal service, fax, telex, courier, or modem. 

8.4 Delivery of documents via electronic mail shall be considered to have taken place when the medium has confirmed the dispatch that the mail has been sent. 

Article 9 - Fee and payment 

9.1 The translatorĄ¯s fee is in principle based on a word tariff. For work other than translation a fee based on an hourly rate will in principle be charged. The translator may, in addition to his fee, declare the expenses incurred in executing the commission. 

9.2 The fee is exclusive of VAT (BTW), unless explicitly stipulated otherwise. 

9.3 Invoices must be paid within 30 days of the date of the invoice and in the currency in which the invoice has been drawn up after the date of the invoice in the currency in which the invoice is drawn up. Should the payment not be made within the period specified, the Client shall immediately, without further notification, be in default, in which case the Client shall be liable for the statutory interest from the date of default until the moment of full settlement. 

9.4 In the event of extrajudicial collection, collecting rates of 15% for the first EUR 2,269.45 of the principal sum including interest shall be levied and a rate of 10% for the remainder, with a minimum collection charge of EUR 68.08. 

Article 10 - Liability and indemnity 

10.1 The translator shall be responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the translator can be held accountable. The translator shall never be liable for any other form of damage such as consequential loss, loss due to delay or loss of profits. The liability shall in every case be limited to a sum equal to the invoice value excluding value-added tax (BTW) of the commission concerned. 

10.2 Ambiguity in the text to be translated discharges the translator from any liability. 

10.3 Judgment as to whether the text to be translated, or the translated text, contains certain risks of bodily harm or injury shall be the sole responsibility and liability of the Client. 

10.4 The translator shall not be held responsible for damage to or the loss of documents, information or data carriers placed at his disposal for the purpose of executing the commission. Nor shall the translator be held liable for damage arising from the use of information technology or modern means of telecommunication. 

10.5 The translator's liability shall be limited to a maximum of EUR 45,389 in each case. 

10.6 The Client shall be bound to indemnify the translator from all claims from third parties arising from the utilization of the work delivered, except for the liability of the translator that may exist on the grounds of the provisions of this article. 

Article 11 - Force Majeure 

11.1 In the present terms and conditions, force majeure shall be understood , in addition to the legal definition and interpretation of the term, to include all exterior causes, whether anticipated or not, over which the translator cannot exercise any control, but which prevent the translator from being able to meet his commitments. Such circumstances shall in any case include - but not exclusively - fire, accident, illness, industrial strike, civil disturbances, war, governmental measures or transport hindrance or restriction. 

11.2 During the period covered by force majeure the translatorĄ¯s commitments shall be suspended. Should the period within which force majeure prevents the translator from meeting his commitments exceed two months, either party shall be empowered to rescind the agreement; no obligation of indemnity shall in such case arise. If the Client is a private individual, the right to suspend as referred to in Article 11.2 will only apply insofar as the translator has a right to suspend its execution within the meaning of the law. 

11.3 If, at the start of force majeure the translator has partially fulfilled its obligations, or will only be able to partly meet its obligations, the translator shall be entitled to draw up a separate invoice covering the work executed and the Client is obliged to pay this invoice as if it constituted a separate contract. 

Article 12 - Applicable law 

12.1 The law of the Netherlands shall be applicable to all legally binding transactions between the Client and the translator. 

12.2 Any dispute shall be subject to the judgment of the officially appointed Netherlands judge.