General Terms and Conditions of Sale
These General Terms and Conditions of Sale are applicable to any job request sent to EuroTrad srl, with registered office at 44 Via Pellipario, Urbino (PU), 61029, Italy, and to any contractual relationships concluded with EuroTrad for the use of its linguistic services.
The sending of a job request implies that the Customer has read and accepts these General Terms and Conditions of Sale, as made available on www.eurotrad.com under “General Terms and Conditions of Sale”.
These General Terms and Conditions of Sale apply to the exclusion of all other clauses and conditions, with the exception of any special clauses previously agreed in writing (with a signature) by the Parties.
The terms used in these General Terms and Conditions will have the following meanings:
Translation/s: the text and/or material sent by the Customer for translation.
Customer: the individual or entity sending EuroTrad srl a request to conclude a contract with EuroTrad srl for the provision of its translation services or other related services.
Contract: the contract concluded between EuroTrad srl and the Customer for the provision of its services. Contracts are governed by these Terms and Conditions.
Agency: EuroTrad srl, with registered office at 44 Via Pellipario, Urbino (PU), 61029, Italy.
Job Request: the request sent by the Customer to EuroTrad srl via email with the purpose of using EuroTrad’s services.
Parties: EuroTrad srl and the Customer jointly.
Price: the amount of money owed by the Customer to EuroTrad for the use of its services. Prices are stipulated in the Contract.
Terms and conditions: the general terms and conditions in place for service supply contracts.
Job requests cannot be revoked. All job requests must be sent to EuroTrad srl via email and must state in writing the language of the original text and the languages in which the text needs to be translated and/or proofread. Emails must always be accompanied by the materials to be translated, which can be sent in paper or digital format and must be easily readable.
When sending technical texts, customers must provide, if available, reference documentation and/or drawings or plans that facilitate their understanding and provide translators and proofreaders with a useful point of reference.
Customers will not be reminded by EuroTrad srl to send the documentation required to provide the requested service and as such, EuroTrad declines as of now any responsibility for the lack of or late execution of a job due to the Customer’s delay, negligence, or indifference in sending the requested materials, without prejudice to the right to receive payment for the service it provides.
Job requests sent by the Customer to EuroTrad will not be binding in any way, and the Agency can choose not to accept them or to partially accept them at its sole discretion.
All job requests must be expressly accepted in writing via email by EuroTrad srl. In the same email, the Agency will also inform the Customer of the total price owed for the requested service, along with the payment methods and deadline, and the expected job delivery date.
EuroTrad requires the Customer’s written approval via email in order for the Contract to be completed and before each job can be started. Customers must also expressly accept the Price communicated by the Agency and its payment terms.
Prices and payment terms
Prices do not include VAT or other applicable taxes, duties, or expenses.
Unless otherwise agreed in writing by the Parties, payments must be made no later than thirty (30) days from the date of issue of the associated invoice.
Any disputes regarding invoices must be sent to the Agency no later than thirty (30) days from their date of issue.
In the event of the complete or partial non-payment of the Price within thirty (30) days from the invoice’s date issue, the Customer will be required to pay the Agency an additional fifty euros (€50) as a penalty for administrative expenses, without prejudice to compensation for greater damages, and in any case without prejudice to the application of default interest pursuant to Italian Legislative Decree No. 231/2002 and subsequent amendments.
The Agency has the right to halt work on Job Orders at any time, or to cease all business services performed for the Customer if a payment is overdue by more than 15 (fifteen) days, regardless of whether it is related to that specific Job Order or not.
Invoices must be paid, subject to collection, by bank transfer or bank order depending on the agreed payment methods.
Any other means of payment must be expressly agreed and approved by the Agency.
The Customer unconditionally and expressly accepts the fact that the services governed herein, provided by the Agency, may be performed by specialised, professional, mother-tongue translators, including those external and independent to EuroTrad srl, who will be selected exclusively and unquestionably by the Agency itself.
To this end, the Customer expressly and irrevocably authorises the Agency to send these translators and/or firms and/or companies, including external parties, any data and/or information provided by the Customer that is deemed useful and necessary for the correct provision of the requested service, expressly holding EuroTrad harmless from any responsibility. EuroTrad srl is not obliged to send the names of said additional parties to the Customer, in as much as they represent an organisational component of the Agency itself and thus cannot be contested by the Customer.
Limitation of liability
The Agency will be liable to the Customer only for any direct or immediate damages caused by wilful misconduct or gross negligence. Under no circumstances will the Agency be liable to the Customer – whether in a contractual or non-contractual capacity, or for any other reason – for damages caused by minor negligence and/or for indirect damages, for the non-use or downtime of equipment; for damages from loss of profit; for damages to company image; or for damages owing to lost opportunities; etc.
In any case, the Agency’s liability will be limited to the lesser of these two sums: (i) the direct and immediate damages caused by the Agency during the execution of a Job Order or (ii) an amount equal to 10 (ten) times the value of the Job Order, net of VAT and other taxes.
Without prejudice to the above, EuroTrad srl cannot be held responsible for translations that are deemed to be unsatisfactory in terms of writing style. Unless expressly requested or indicated in writing by the Customer, the Agency’s services with regard to advertising materials will be limited to the simple translation of the source text.
EuroTrad srl cannot be held responsible for any voluntary or involuntary changes subsequent to the provision of translations.
Complaints will be taken into consideration only and exclusively if sent via email within and no later than (under penalty of forfeiture) fifteen days from the delivery of a partial or complete translation.
After this deadline, complete or partial translations will be considered correct and accepted.
Complaints must be accompanied by the source documents and the translation, and all disputed sections must be highlighted.
In no case will errors present in only one part of a translation affect the entire translation. The Customer will only have the right to receive a corrected version of the disputed section of the translation in question.
The Agency is not liable for delays, errors, damages or other inconveniences caused by unforeseeable events or circumstances beyond the Agency’s reasonable control, or for those imposed by laws, regulations, or government orders.
Confidentiality and processing of customer data
The Agency will make all commercially reasonable efforts to maintain the confidentiality of the data contained in translations.
Pursuant to Articles 13, 15, 16, 17, and 18 of the General Data Protection Regulation EU 2016/679 (hereinafter the “GDPR”), the Data Controller EuroTrad srl provides the Customer with the following information:
the Customer’s personal data will be processed, by virtue of contractual and/or pre-contractual relationships, for administrative/accounting and management purposes; said data may be sent to subjects involved in the provision of contractual services, and in particular, to: operational/management software suppliers, translators abroad, administrative/tax consultancy professionals, credit institutions, financial and administrative or other entities, when foreseen, in the forms and using the methods required by law. In order to meet the contractual obligations listed above, data will be kept at the Data Controller’s registered office at 44 Via Pellipario and the Data Controller might have to send the data contained in documents to be translated to countries outside the EU.
Data is processed for the length of time stated in the specific regulations on the management of business relationships (point A of Article 13, Paragraph 2 of the GDPR); the interested party has the right to request access to, deletion, or modification of their personal data by sending an email to firstname.lastname@example.org.
Consent to data processing
Given the above, after having read these Terms and Conditions, and with the conclusion of the contract, the Customer consents to the processing of their personal data for the performance of business activities, and for promotional, sales, marketing, and communication purposes, and to the transfer of their data to countries outside the European Union.
Applicable law and place of jurisdiction
This Contract is governed by Italian Law.
Any dispute relating to the application, execution, interpretation or violation of contracts is subject to Italian jurisdiction, and will be the exclusive competence of the Court of Urbino.