PURPOSE AND SCOPE OF APPLICATION
These conditions refer to jobs carried out by the company Adtrad for its Client, except when revoked as a result of particular agreements or clauses that are later established in writing. The Client commits itself to automatically meet these conditions from the moment in which it accepts a quote, with these conditions prevailing regardless of the existence of other conditions the Client proposes or which it tries to support its case on.
2. RIGHT TO COPYRIGHT
The documentation or any other material generated by a service offered by Adtrad is the exclusive property of Adtrad until the client has paid completely for the said service in the manner stipulated in these General Conditions of Sale.
Any use of documentation or other material generated by a service performed by Adtrad which Adtrad has not been paid for in its entirety by the Client constitutes the assumption of illicit use and wrongful appropriation, and empowers Adtrad to employ the legal or administrative actions against the Client that it considers pertinent, and the corresponding compensation to be applied.
Any documentation or other material generated by a service offered by Adtrad which is used and exploited in any way by the Client implies the Client’s automatic acceptance of the said service in its entirety, and therefore its complete payment in the manner stipulated in these General Conditions of Sale.
Any service which is not duly refuted or complained about by the Client in a period of fifteen calendar days is considered used and exploited by the Client, and therefore accepted in its entirety.
3. ACCEPTANCE AND FORMALIZATION OF QUOTES
The Client and Adtrad will be contractually bound according to these General Conditions of Sale from the moment in which an approved quote or purchase order sent by the Client via email is in turn confirmed by Adtrad via email.
When the professional relationship between Adtrad and the Client is regular, and with the aim of speeding up the work process, Adtrad will not systematically send a formal confirmation for each purchase order, which will be attested instead by the exchange of emails between both parties.
Adtrad’s obligation is solely and exclusively to the Client emitting the purchase order, regardless of the existence of other users or recipients for whom the Client acts as an intermediary, or who maintain any link or relationship to the Client. The purchase order may be sent by a legal representative of the Client, provided that it is clearly indicated therein that the said representative is acting legally in name of and on behalf of the Client.
4. MODIFICATION OR CANCELLATION OF ORDERS
In the case of a modification by the Client of an order that is already in progress, Adtrad reserves the right to modify the deadline, as well as the fees, or even to reject said modifications.
However, Adtrad will employ all means at its disposal to implement said modifications without detriment to the Client provided that, and exclusively at the discretion and prior confirmation of the Client, it is considered viable.
In the case of cancellation by the Client of an order already in progress, the Client must pay the amount corresponding to 100% of the work completed and 50% of the remaining work. Work completed is considered as all work which has been processed by Adtrad in any way. The Client can immediately receive all work completed up until the moment of the cancellation.
Adtrad systematically respects the deadlines established with the Client, except for reasons beyond Adtrad’s control or due to impediments which the Spanish Civil Code establishes as cases of force majeure.
However, unless the Client clearly indicates in the purchase order a maximum and immovable deadline, and therefore a binding and strict obligation for Adtrad, the deadlines must be considered provisional taking into account the nature of this type of service and therefore the possibility that unforeseen issues may arise. Such unforeseen issues should be considered exceptional and only attributable to particular characteristics of the service that were not able to be detected before starting the translation process, and admissible provided that Adtrad technically justifies them and notifies the Client immediately.
In the case a fixed deadline is not met, the Client may cancel the order without any charge for the work already performed. However, Adtrad will not be responsible in any circumstance for any direct damages or damages to third parties, excluding all compensation other than that of cancelling the order or the refund of the amount of the service itself (see point 7).
In any case, the Client and Adtrad will do their utmost to facilitate the prompt delivery of the order and will utilize all necessary or desirable measures at their disposal to do so.
6. PRICES AND PAYMENT
Prices are stipulated according to the rate and/or amount that Adtrad indicates in the formalization of a quote, or otherwise according to the rate usually applied between the Client and Adtrad, unless any prior modification is agreed on between the parties and that this is reflected in writing.
Said prices apply exclusively to the products with the agreed corresponding specifications, and they are reflected in Euros and without VAT.
Payments should be made in a period of 31 calendar days month end from the date in which the invoice was sent, unless the Client and Adtrad have stipulated another arrangement in writing and which is still within the limits established by the Directive mentioned below. Any delay or non-payment will activate the right to immediately demand the total amount owed by the Client, without prior warning or any other formality, as well as the late payment interest established in accordance with the Directive 2000/35/CE of the European Parliament and Council.
7. ELECTRONIC TRANSMISSION: SENDING AND RECEIVING
The electronic transmission and delivery of documentation or other material that connects Adtrad to the Client is considered effective and valid from the moment in which it leaves Adtrad, that is to say from the time and date sent stamp indicated and correctly justifiable (with no sending errors) via the electronic transmission tool used by Adtrad (mainly email or FTP).
In this sense, Adtrad is exempt from any responsibility for problems, faults or errors in reception by the Client, imputable or not, understanding expressly that Adtrad’s task is considered complete from the moment in which the item has been correctly sent from its electronic transmission tools.
8. COMPLAINTS AND DISPUTES
Translation is a type of intellectual service, and is therefore subject to obligation of means rather than of results. Furthermore, Adtrad can ask for the help or advice of the Client, and the latter should provide all of the documentation at its disposal to enable the correct execution of the service.
Adtrad’s civil responsibility for possible inconveniences or damages resulting from a service rejected or cancelled by the Client, cannot be evaluated, under any circumstance, for a sum higher than that of the service itself, that is to say the amount indicated in the invoice.
Complaints by the Client, where applicable, must be formulated in the 15 calendar days following the delivery and must clearly specify in detail the part or parts which are in dispute. All complaints must be based on tangible verifications, not admitting comparative global evaluations or opinions, or complaints about style nuances or format variations imputable to the differences in the version or brand of text processing software. Adtrad will formally let you know its opinion, and where appropriate will rule and justify the pertinence of the points in question or will otherwise proceed to the readaptation of the translated document at no extra cost to the Client.
Any complaints or possible readaptations will not affect the price of the service nor the payment due date of the invoice.
9. LITIGATIONS AND APPLICABLE LAW
In the case of disagreement, the Client and Adtrad will do their utmost to reach an amicable solution and will use all means at their disposal to do so.
In the case of litigation, the courts based in the City of Granada (Spain) will act with exclusive jurisdiction.
10. LEGAL INFORMATION ABOUT THE COMPANY
Adtrad Traducciones. C/ Andarax nº 76. 2ºA. 18010 Granada (Spain).
Director and person legally responsible: Sergio Herrera Ortega. Tax ID: 24205475E
Confidentiality and data protection
For management reasons, Adtrad has a database with the professional profile of each client. Said database is subject to the Data Protection Law (LOPD 15/1999). Furthermore, Adtrad will not transmit any client profile to third parties, regardless of its purpose or use, using it exclusively and internally to find data and manage its files.