General Terms and Conditions
KuaLanx’s registration number at the Dutch chamber of commerce (Kamer van Koophandel) is 74321617. The company was established in December 2010 and is currently managed by its founder Jerry Kuo. KuaLanx offers interpreting and translation and all other activities that may benefit its business activities.
Applicability of terms and conditions
1. These terms of business shall apply to all transactions and agreements between KuaLanx and a principal, in respect of which KuaLanx has declared these terms and conditions to be applicable, to the exclusion of the principal’s terms of business unless the translator has agreed in writing that they shall apply, or unless the signed agreement with a principal differs explicitly from the terms and conditions of KuaLanx.
Quotations and agreement
2. All quotations and cost estimates provided by KuaLanx are free of any obligations.
3. The client has fully informed KuaLanx of the type of work that is expected to be completed by KuaLanx. In case of translations, the client has let KuaLanx know the amount of words in the text and has allowed KuaLanx to see what type of text is to be translated. If this information has not been made available, KuaLanx may change the translation fee at any time, but KuaLanx will always inform the client as soon as it becomes aware of this situation.
4. An agreement is reached when the client agrees, in writing or in a phone call, with the price quoted by KuaLanx. If the client agrees in a telephone conversation, KuaLanx will send a written confirmation by email. If the content of the (translation) case turns out to differ from the data on which the quote was based on, KuaLanx reserves the right to change the rate accordingly, but not without prior notice to the client.
5. The client is the person who has contacted KuaLanx to complete a translation, or the company or entity he or she represents. It is the responsibility of the client to let KuaLanx know what company this is, and to provide an address and sufficient contact details.
6. Advance payment is required for all assignments, unless KuaLanx and the client agree otherwise in writing.
Alteration or withdrawal after the agreement has been reached
7. If the principal withdraws the commission after the agreement has already been reached, KuaLanx will charge a fee for the work that has already been done. In such a case, KuaLanx can also charge for preparatory work.
8. If the principal makes any alteration, other than minor changes to the text or assignment that was originally submitted after an agreement has already been reached, KuaLanx is entitled to adapt the remuneration, adapt the lead time or refuse the assignment.
Execution of assignments
9. KuaLanx commits itself to executing the commission to the best ability of the translators involved, who posses sound professional skills and knowledge, and give due regard to the purpose specified by the principal.
10. KuaLanx treats all information, that is given to it by the principal with regard to any translation work or other work done, with the strictest confidence, unless bound otherwise by law.
11. Unless KuaLanx has explicitly agreed otherwise with the principal, KuaLanx has the right to hire a third party to complete the translation. If work is subcontracted to third parties, KuaLanx will sign confidentiality agreements with the third parties in question.
12. The sending of documents, such as those that are to be translated, is at the principal’s risk and expense.
13. KuaLanx is not responsible for the data that are provided by the principal, or for the content of the translation. KuaLanx does not accept any liability based on any translation completed by KuaLanx.
14. If there is evidence that any damage or loss has been caused by a mistake in translations by KuaLanx, liability cannot exceed the fee that KuaLanx has charged for the translation, and cannot exceed 500 euros.
15. Unless a written agreement between KuaLanx and the principal states otherwise, KuaLanx retains the copyright over translations done by KuaLanx, and other texts that have been written by KuaLanx.
16. The principal indemnify KuaLanx from any claims by a third party regarding alleged breach of rights of ownership, patent, authors’ copyright or other intellectual property in connection with the execution of the commission. It is the responsibility of the principal to make sure the copyright of the texts to be translated is taken care of in a correct manner, before KuaLanx receives a text for translation.
17. In the event of the principal failing to honour his commitments, or in the case of bankruptcy, moratorium, receivership or liquidation of the principal’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. He may then demand immediate payment of remuneration due to him.
Complaints and disputes
18. The principal shall report 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 reporting of a complaint shall in no way relieve the principal of his obligation to pay for the work delivered.
19. 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.
20. The principal’s right to make a claim shall cease if he has revised – or has caused to be revised – the work as delivered and has subsequently passed it on to a third party.
Lead time, delivery
21. The agreed lead time shall be an estimated time, unless expressly stipulated otherwise. As soon as it becomes apparent to the translator that the agreed delivery time is not feasible, he shall be bound to inform the principal immediately.
22. Should the translator be accountable for the delay in delivery, the principal shall be entitled – if it is unreasonable for him to wait any longer – to rescind the contract unilaterally. In this event the translator shall not be entitled to any compensation.
23. Delivery shall be considered to have taken place at the moment of delivery by hand, dispatch by postal service, courier or email.
Fees and payment
24. The translator’s fee is in principle based on a word tariff, but can differ per case, because the word tariff differs per type of text. 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.
25. Fees and tariffs mentioned on our website or provided by email or telephone are indications of the price, the remuneration for a case is decided per case. Only this quotation for a specific case applies when an agreement is made.
26. On any quotation and invoice, prices are clearly stated to be including or excluding Value Added Tax (BTW).
27. Accounts are to be settled within 14 days after the invoice date. Invoices should be paid in the currency in which the invoice is drawn up. Should the payment not be made within the period specified, the principal shall immediately, without further notification, be in default, in which case the principal shall be liable for the statutory interest from the date of default to the moment of full settlement.
Liability and indemnity
28. 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 income or 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, and never exceed 500 euros.
29. Ambiguity in the text to be translated indemnifies the translator from any liability.
30. 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 principal.
31. The translator shall not be held responsible for damage to or the loss of documents, information or information 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.
32. The principal shall be bound to indemnify the translator from all claims from third parties arising from the utilization of the work delivered.
33. 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 action, rebellion, war, governmental measures or hindrance or restriction of transport.
34. During the period covered by force majeure the translator’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 principal is the consumer the empowerment to rescind shall only apply in so far as such empowerment is enforceable by law. If, at the time of the commencement of force majeure the translator has partially met his commitments, or can only partially meet his commitments, the translator shall be entitled to draw up a separate invoice covering the work executed and the principal shall be bound to pay the said invoice as though it applied to a separate agreement.
Applicable legal system
35. The law of the Netherlands shall be applicable to all legally binding transactions between the principal and the translator.
36. Any dispute shall be subject to the judgment of the officially appointed judge in the Netherlands.