General Terms of Business for Commissioned Language Services at Wordcraft Marketing
1. Scope and definitions
Wordcraft’s (Wordcraft.dk) main activity is to provide professional language services, including but not limited to translation, proofreading and editing, between/in Danish and English. The following terms and conditions apply to all language proofreading services commissioned through Wordcraft Marketing (hereinafter referred to as “Wordcraft”) by physical or legal persons (hereinafter referred to as the “Client”). These terms have, unless otherwise agreed in writing (including by email), precedence over any other terms or conditions. Any text provided by the Client is hereinafter referred to as the “Material”, and the product of the language service is referred to as the “Product”.
2. Agreement conclusion, price and cancellation
The Client will receive a quote or an order confirmation, indicating the price of the Product, as well as any surcharges, costs, delivery costs, VAT and other charges. Unless otherwise specified, prices are excluding VAT. If it is not possible to quote a fixed price, Wordcraft will specify the basis for the price calculation. Unless otherwise stated, Wordcraft’s quote/order confirmation is valid for a maximum of 10 working days.
Wordcraft may require security for payment.
All agreements will be confirmed in writing, e.g. via email.
3. Material, etc.
The Client is obligated to specify the format of the Material (e.g. Word document, SDL file, PDF, etc.) for Wordcraft’s approval and to deliver the Material in the agreed format.
If the Client, after the conclusion of the agreement, has changes to the Material, including in relation to scope, Wordcraft is entitled to regulate the agreed price and postpone the time of delivery. Wordcraft is not, however, obligated to accept changes to the Material that are received after entering into the agreement.
The Client is obligated before the finalisation of the agreement to inform Wordcraft in advance in writing of any special conditions for the completion of the assignment, including with regard to specific requirements for the terminology, legal language, language locale, etc.
4. Performance and delivery
The Product only includes the agreed language service. Wordcraft is entitled, without the Client’s consent, to carry out any layout change, etc., including changing the font, text size, colours, file format, setup, etc. Wordcraft is, unless otherwise expressly agreed, always entitled to deliver the Product in the same format in which it was received or in a text document format such as MS Word.
Wordcraft is entitled, without the Client’s consent, to use the services of subcontractors or other third parties, including independent freelance translators.
The time of delivery is agreed with the Client. Wordcraft is entitled to postpone or stop ongoing or new assignments if no payment has been received for previously delivered assignments.
In case of force majeure, which includes but is not limited to fire, accidents, strikes, riots, war, measures taken by public authorities, etc., Wordcraft is entitled to postpone delivery or terminate the agreement. Wordcraft is never liable for damages, compensation or penalties in such cases.
5. Invoicing, etc.
Wordcraft invoices electronically. The payment terms are 14 days from the invoice date, however payment in advance of the full or partial fee may be required by Wordcraft in certain circumstances. Payment in full satisfaction of a debt can only happen to Wordcraft’s bank account, as stated on the invoice. In case of payment after the due date, Wordcraft reserves the right to send payment reminders and to charge interest pursuant to Danish law. Payment must always be made in a timely manner, regardless of any other circumstances, including but not limited to any complaints.
6. Errors, omissions and liability
If the Client finds errors or defects with the delivered Product, complaints must be made to Wordcraft immediately and be received by Wordcraft no later than a week after the delivery of the Product. Submission of a complaint shall under no circumstances exempt the Client from their immediate payment obligations.
Complaints must be made in writing via email to Wordcraft with a clear and precise indication of the error that the Client has found. If there are objective errors or omissions, these will then be rectified by Wordcraft. Corrections shall be made free of charge if it can be demonstrated that the fault can be attributed to Wordcraft. Wordcraft is never obligated to implement preferential changes.
If the Client makes corrections or changes themselves to the Product without prior arrangement with Wordcraft, or if the Client exceeds the complaint deadline, the right to rectification, compensation, price reduction and damages no longer applies.
The delivered Product may only be used for lawful purposes. Wordcraft cannot be held liable for any loss incurred as a direct or indirect result of deficient or delayed translations, etc. It is the responsibility of the Client to check the translation in so far as the Material or Product is expected to have far-reaching health, economic, political, social or human consequences, just as the Client must duly notify Wordcraft of such potential consequences before the finalisation of the agreement. Wordcraft’s liability for damages is at all times limited to an amount equal to the total fee.
7. Cancellation, termination, etc.
If the Product is significantly flawed, the Client is entitled to cancel the purchase. Wordcraft, however, must be given the opportunity to remedy any deficiencies within a reasonable time. In the event of the Client’s cancellation, the Client is obligated to destroy all copies of the delivered Product.
Wordcraft is entitled to terminate the agreement, in its entirety or in part, or postpone completion of the agreement, if the Client goes into bankruptcy, liquidation or moratorium.
If the Client would like to cancel the agreement, Wordcraft is entitled, but not obligated, to accommodate this cancellation, in which case Wordcraft can demand a fixed flat-rate remuneration for work performed so far. In this case, Wordcraft must deliver the part of the Product that Wordcraft has completed up until the time of the Client’s cancellation of the agreement and will bear no liability whatsoever for the quality of this partial Product.
8. Confidentiality, etc.
All Wordcraft’s translators are subject to a duty of confidentiality with respect to the translation and proofreading assignments they carry out. This also applies to freelance translators.
9. Intellectual property rights, etc.
The Client guarantees that the Client possesses all the necessary rights to the Material. Wordcraft must thus be indemnified of any claim that may arise as a result of the Client’s failure to hold the necessary rights to the Material.
The copyright to any Product produced by Wordcraft shall be transferred fully to the Client when full payment has been received. Until that time, the Product shall be considered the property of Wordcraft.
10. Applicable law and place of jurisdiction
The relationship between the Client and Wordcraft is subject to Danish law. Any case on matters covered by these terms and conditions shall be brought before the Court of Lyngby.