Last update to these terms: Date of update: 01/01/2017
These Terms of Services made available to the customer (hereinafter, the “Customer”) exclusively on the website of TRÁGORA SCA (hereinafter, “Trágora”) will apply to all issues that arise as a result of the commercial relationship between the parties along with the confirmation of the quote (hereinafter, “Confirmation of the Quote”) by the Customer, and will be considered as a single document, except in cases where both parties agree upon or sign other terms in writing.
It is the duty of the Customer to read these Terms of Services carefully before confirming the quote to Trágora, from which point the Customer will be understood to accept these terms.
If any clause of these Terms of Services is declared invalid, this will not affect the validity of the remaining provisions.
The Customer may request a quote (hereinafter, the “Quote”) for a new project (hereinafter, the “Project”) via any of the means of contact available on the Trágora website.
It is essential that Trágora has all the necessary final materials and that it is aware of all aspects of the Project details (delivery date, languages, the job, terminology, format, etc.) in order to draw up the Quote. If Trágora does not have all the final documents and files required for preparing the Quote, the Quote will be considered as an estimate only, not as a final Quote.
Once Trágora has checked the details of the Project, it will send the Customer an email with a Quote in the body of the message, as well as a link to these Terms of Services.
If the Customer has not notified Trágora of any important detail or aspect regarding the Project’s execution, the Customer will not be entitled to any compensation or discount as the result of any failures caused in Trágora’s completion of the job. For example, if the Customer has not sent the final files before the Confirmation of the Quote, or has not notified Trágora of a preferred style for the translation, and the latter does not meet the expected style, or if the Customer has not clarified that the variant of English required is British or American, the Customer will not be entitled to any discount on the price or any compensation.
The Customer may request the Quote to be issued as a PDF document if necessary. Likewise, Trágora may send the Customer the Quote as a PDF document where this is required, according to the applicable payment method and according to the characteristics of the Customer and the Project, for correct Confirmation of the Quote.
Quotes are valid for a maximum of 15 days, and after expiry of this period there is no guarantee that the initial rate will remain the same.
CONFIRMATION OF THE QUOTE
Confirmation of the Quote (and, consequently, of these Terms of Services) by the Customer can be given in either of the following ways:
- Confirmation by email, by sending proof of payment for the agreed amount according to the method of payment (see methods of payment below).
- Signing and emailing the cooperation agreement or formal Quote drawn up between the parties, only if there are other terms that are not set out in these Terms of Services.
Trágora shall confirm receipt of the Confirmation of the Quote via email within 24 hours of receiving it for it to be valid and effective between the parties. This deadline does not include Saturdays, Sundays or public holidays in Spain.
Trágora accepts no responsibility for delays or errors in the work that are caused by a faulty, incomplete or unclear Confirmation of the Quote.
If the Customer wishes to amend the details of the Project (changes to the text, new instructions, etc.) after formalizing it via Confirmation of the Quote, Trágora in turn reserves the right to amend the delivery date and the changes will be associated with a new Quote. All amendments to the Project shall be confirmed in writing via email.
METHODS OF PAYMENT
The methods of payment made available to the Customer by Trágora are the following:
- If the Customer is an individual, the Customer shall pay 100% of the Quote in advance.
- If the Customer is a legal entity and the amount is under 300 EUR, the Customer shall pay 100% in advance.
- If the Customer is a legal entity and the amount is above 300 EUR, the Customer shall pay 50% in advance and the remainder a maximum of 30 calendar days from the delivery of the work. Under no circumstances may the Customer be exempted from paying the second part of the work.
Only if both parties reach a formal written agreement (via email or via a cooperation agreement) may other alternative methods of payment be agreed. These agreements will take into account the duration of the contract and the monthly volume of work.
Payment may be made in any of the following ways:
- Bank transfer
- Credit card
- Direct debit
The method of payment for each Project will be determined in the Quote.
If for any reason the Customer is unable to meet the payment commitments during execution of the Project, Trágora will immediately stop the Project or Projects underway and will demand immediate payment for the work already completed. Likewise, Trágora will refrain from accepting any new confirmations of Quotes if the Customer has any outstanding payments.
If the Customer is late in making the payment, Trágora will apply late interest of up to 5% on top of the Bank of Spain’s interest rate until the job has been paid for in full. In addition, if the Customer is more than two months late in making the payment, the Customer shall pay Trágora, in addition to the original sum, either of the following amounts, whichever is greatest:
(i) the sum equivalent to 150 % of the consideration agreed in the Quote or (ii) the sum of €3,000, as a cumulative penalty.
In any case, the Customer shall reimburse any costs incurred by Trágora in resolving the dispute.
If the Customer wishes the service to be invoiced to another legal entity or another individual, the Customer will notify Trágora of this individual or entity’s details as soon as possible. In such cases, the Customer will bear responsibility for payment of the service invoiced to other individuals or entities and for the remainder of the duties under this contract, except if the Customer expressly states before accepting this offer that the Customer does not bear responsibility for the payment, in which case the Customer will provide Trágora with the details of the legal entity or the individual to whom the invoice should be sent, in addition to the details of the contact person, in order for this contract to be concluded directly between Trágora and the individual or legal entity to be invoiced.
TRANSLATION AND VOICE OVER RATES
Trágora will charge for each Project based on its characteristics.
The rates indicated in the Quotes do not include VAT. Invoices issued to Customers will include the corresponding VAT where indicated by current Spanish legislation.
Rates are expressed in EUR, unless expressly stated otherwise.
The calculation unit for translation/proofreading work is the word in the source language, unless specifically agreed otherwise in writing.
The calculation unit for voice over work is the minute or the word count of the script, unless specifically agreed otherwise in writing. For voice over work synchronized to video, the duration of the video will be taken into account.
Rates for editing, desktop publishing and subtitling will be charged according to the Project.
The delivery date will only be binding between the parties upon acceptance of the Confirmation of the Quote by Trágora.
Time references correspond to GMT+1 time in mainland Spain (GMT+2 in summer time).
If Trágora is unable to meet the delivery date for any justifiable reason, it will notify the Customer as soon as possible to agree a new delivery date.
In the event of a delay to the delivery date, if this delay exceeds 48 hours and has not been notified in advance to the Customer, a discount may be applied to the total cost of the service, subject to negotiation between the parties prior to delivery of the Project.
In the event of a delay caused by force majeure or circumstances beyond Trágora’s control, Trágora will not bear any responsibility for this delay.
A Project will be considered as delivered when there is demonstrable evidence of its delivery to the Customer via email or any other means agreed between the parties in the Quote.
Delivery of voice over is subject to voice talent availability.
Projects that are urgent or take place at weekends or on public holidays will be subject to resource availability and will incur a surcharge on the Quote of up to 100%.
CANCELLATION OF THE PROJECT
If a Customer cancels an order, Trágora will charge 100% of the work completed up to the point of cancellation and, for work that has been suspended and has not started, 15% to cover staff and Project management costs.
The cancellation of an Order must be made in writing via email.
RELATIONSHIPS WITH THIRD PARTIES
The Project will be undertaken in accordance with the general quality principles of the profession. All translators, proofreaders and voice talents involved in the Project will be fully qualified to perform their duties. All translations will be completed in full, remaining faithful to the original and meeting the localization requirements of the target country and culture.
Trágora reserves the right to sub-contract a third-party service at any time without notifying the Customer of this. The Customer may not, at any time, contact the professionals sub-contracted by Trágora without the express approval of the latter.
Tragora reserves the right not to give the full name or any other personal data of the sub-contracted professional in any case.
LIABILITY AND WARRANTY
Trágora will only be liable for damages directly and demonstrably arising from its own negligence. Under no circumstances will its liability exceed the amount that was agreed for the Project and reflected in the corresponding Quote or contract.
Trágora will not be liable for damages caused by the mandatory suspension of operations and in cases of force majeure (natural phenomena, problems with the server, etc.).
The Customer must send Trágora any claims in writing, with details of the errors, within a maximum of 7 days of receiving the finalized Project.
Trágora will only be liable for what may be considered as “errors” according to the definition given for this term in this clause.
Any claim must be accompanied by the original documents and the disputed corrections. In justified cases, the Customer will be entitled to receive the corresponding corrections. If the Customer does not file any objection within 7 days of delivery of the Project to the Customer, the Project will be considered as approved. In this case, the Customer relinquishes any rights to which the Customer may be entitled as a result of possible errors in the translation/voice over (unless the parties agree in advance and in writing to a longer period of time).
All liability claims, warranty claims and compensation claims for damages will be limited to the value of the job.
The following may be considered as errors in the translation:
- Grammatical and spelling errors.
- Untranslated parts.
- Translations in which the meaning is clearly incorrect.
The following may not be considered as errors in the translation:
- Stylistic and preferential issues.
- Errors caused by ambiguities in the original text.
- Differences in the terminology used (unless the Customer has provided a list or clear information regarding this).
The following may be considered as errors in voice over:
- Errors in pronunciation.
- Missing parts.
The following may not be considered as errors in voice over:
- Stylistic issues regarding the narration, if the Customer has approved the voice talent’s demo.
- Errors resulting from a lack of instructions from the Customer.
RIGHT OF USE AND COPYRIGHT
All exploitation rights and authorship will remain in the possession of Trágora unless otherwise agreed in advance of the Confirmation of the Quote.
The Customer will be authorized to use, for the purposes mentioned in the Confirmation of the Quote, and modify the material ordered and purchased from the Company. The Customer will be authorized to use the material ordered provided that the Customer respects the payment terms agreed in the Confirmation of the Quote. This means that the use of any file sent to the Customer will constitute copyright infringement by the Customer if the payment terms specified in the invoice are not met. The Customer ensures that the Customer owns all the intellectual property rights to the material to be used to perform the requested job.
The Company is not liable for potential damages or claims arising from third parties as a result of a breach of the above warranty by the Customer. The Customer is solely responsible for the use that the Customer makes of the service or product produced by Trágora.
Trágora guarantees the security and confidentiality of the personal data provided by its Customers, and as such, in accordance with Organic Law 15/1999 on the Protection of Personal Data (LOPD) and with the implementing provisions, the Customer is notified of and consents to the inclusion of the Customer’s data in Trágora’s existing files and its processing for the purposes of delivering commercial communications, marketing products and services, and maintaining its contractual and management relationship with Trágora. This personal data is processed and incorporated in the corresponding files, which are duly registered at the General Data Protection Registry.
These General Terms are expressly governed by Spanish law. With express waiver of any other jurisdiction to which they may have recourse, both Parties expressly submit to the Courts of Granada.
AMENDMENTS TO THE TERMS OF SERVICES
Trágora reserves the right to change its general Terms of Services at any moment, with three days’ notice on its website, and also undertakes to maintain the Customer’s access to the general Terms of Services that are updated through its website. Any new version of the general Terms of Services invalidates those terms issued on previous occasions. Any changes to the general Terms of Services will not affect those jobs previously approved by the Customer.