GENERAL BUSINESS CONDITIONS

I.
INTRODUCTORY PROVISION

1. The “Supplier“ is the company NTB, s.r.o., Lúčky 12, Skalica, 909 01, Slovak Republic, Comp. Reg. No.: 44442777.

2. The “Customer“ is understood to mean any natural person or legal entity to whom the Supplier provides services upon their order for the service.

3. The subject-matter of the performance is the provision of services related to the line of business of the Supplier, in particular translations and language proofreading (hereinafter referred to as “translation services“) and interpreting services (hereinafter referred to as “interpreting services“) according to the requirements stated in the Customer order delivered to the Supplier.

4. The contract between the Customer and the Supplier originates:
  • upon a Customer order placed by fax, electronically (via e-mail or via a form on the Internet site of the Supplier) or delivered in person (the Customer can also place an order in another form if the Supplier agrees with it) and upon the confirmation of such order by the Supplier;
  • upon the conclusion of a Contract on Service Provision (interpreting services) or Contract for Work (translation services) (hereinafter referred to as a “Contract on Service Provision“).
5. The agreed conditions of the contractual relationship can be amended or cancelled only in writing with the consent of both Contracting Parties unless stated otherwise.

6. By placing an order the Customer undertakes to pay remuneration to the Provider for the required translation services or interpreting services.


II.
RECEIPT OF AN ORDER


1. The Supplier shall confirm receipt of every order in writing or via a telephone without undue delay. The physical takeover of the documents determined for the translation from the Customer shall be considered as confirmation of the order in the case of translation services.

2. If the Supplier fails to confirm the receipt of a Customer order or confirms receipt of the order with reservations, it is presumed that the contractual relationship shall not originate until an agreement is reached.

3. A Contract between the Customer and the Supplier originates also in the case when the Customer accepts a proposal of the Supplier for a change in the conditions of the order.


III.
TRANSLATION SERVICES


1. SUBJECT-MATTER OF THE PERFORMANCE

1. The subject-matter of translation services is providing translations and language proofreading (hereinafter referred to as a “translation“) for the Customer upon individual orders made by the Customer and confirmed by the Supplier (hereinafter referred to as “subject-matter of the Contract“). 

2. The Customer undertakes to pay remuneration to the Supplier for the fulfillment of the subject-matter of the Contract.


2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. In the case of a difficult and demanding text, the Supplier is entitled to ask the Customer for consultation with the relevant employee of the Customer. 

2. If the translated text is intended for further processing (for example print, presentation materials, Web sites etc.), the Customer is obliged to notify the Supplier of this fact in advance, no later than with the order of the given translation. If the Customer fails to notify of this fact in advance, the Supplier presumes that the text may not be used for further reproduction; in case of breach of this obligation the Supplier is not responsible for any damage to the Customer incurred in relation to such reproduction. 

3. The Supplier undertakes to treat the information in any document determined by the Customer for translation as confidential. The Supplier undertakes not to copy and/or provide such confidential information to third persons except for third persons coming into contact with such confidential information for the purpose of its translation, language proofreading or other text processing without the previous written consent of the Customer. 

4. The Supplier is entitled to retain a copy of the original determined for translation for a period of 1 year for his own needs, particularly for administrative purposes of Customer translations as well as for an overview of the terminology of the Customer, unless agreed otherwise. 

5. The Supplier shall hand over a completed translation or translations to the Customer by the agreed deadline. If the Customer refuses to accept the translation/translations without stating the reason, the Customer shall be in delay with the takeover of such translation/translations and shall be responsible for all damages caused by the breach of this obligation. 

6. If the Supplier is in delay with the obligation to deliver a ready translation within the agreed deadline, the Customer shall be entitled to a payment of the contractual penalty from the Supplier in the amount of 0.5% of the remuneration for the translation services (increased by VAT), for each day of the delay, however, at most by the amount of 100% of this remuneration; if the remuneration for the translation services is not known as of the date of breach of this obligation by the Supplier, the basis for the calculation of the contractual penalty shall be the remuneration which is assumed as of the date of the contract conclusion (at the conclusion of the contract it is assumed that the translated text shall have the same number of standard pages as the text determined for translation, i.e. as a source text); in the case that the Supplier is in delay with the obligation to deliver a ready translation within the agreed deadline due to circumstances excluding his own responsibility, entitlement to the payment of the contractual penalty shall not originate; if the legal relationship between the Supplier and the Customer is governed by Act No. 40/1964 Coll., Civil Code as amended (hereinafter referred to as “Civil Code”), the provision of Art. 545 par. 3 of the Civil Code shall not be affected thereby.


3. COMPLAINTS

1. A complaint regarding the service provided shall be made demonstrably without undue delay no later than 15 working days from the date when the obligation to take over the ready translation originated for the Customer. If claims resulting from the liability for damage are enforced with a delay, these claims are cancelled. A written claim for the service provided shall contain the order No., a description of the reason and character of the flaws or the number of errors. 

2. The Supplier is responsible for demonstrable damage caused by a translation error at most up to double the price of the translation. 

3. The translation is defective if it is not made in compliance with the Contract on Service Provision or order and if it provably deviates from the meaning of the source text. 

4. In cases of disputes between the Supplier and the Customer regarding the legitimacy of the claim of the Customer concerning errors in a translation, the Contracting Parties undertake to resolve this dispute preferably in out-of-court proceedings. For that purpose they shall agree upon the assigning of an independent translator who shall produce an opinion evaluating the eligibility of the errors claimed. The independent translator shall be assigned especially from among the translators listed in the list of experts, interpreters and translators kept by the Ministry of Justice of the Slovak Republic or from among persons who have a fluent command of the initial (source) and target languages of the translation. Both Contracting Parties shall be familiarised with the price estimate for the elaboration of an opinion before its execution. The independent translator shall consider the quality of the translation compared to the source text (not only the target text independently). The Customer as well as the Supplier is entitled to hand over to the assigned independent translator all relevant information regarding the claim. The price for providing an opinion shall be paid by the Customer if the opinion reveals that the complaint was unjustified; otherwise these costs shall be paid by the Supplier. 

5. The Supplier is obliged to handle all eligible claims free of charge and immediately within time intervals enabled by the given situation in terms of available translators of the Supplier who are able to adjust the text in question into a version acceptable to the Customer. If the Supplier admits the claim as justified, it shall immediately execute the relevant corrections or proofreading at its own costs; in such case the Customer is entitled to a discount from the translation price in the maximum amount of 10% of that price. If the Supplier admits the claim of the Customer as eligible, however, and the Customer fails to accept the offered proofreading, the Supplier shall provide it with the corresponding discount from the order price. 

6. The Supplier shall not be held responsible for defects caused by the observing of instructions given by the Customer.


4. ORDER CANCELLATION

1. If an order from the Customer is received, the Customer is entitled to cancel the order if they pay the Supplier a part of remuneration related to the already translated part of the text, however, a minimum 10% of the total remuneration for the translation.


IV.
INTERPRETING SERVICES

1. SUBJECT-MATTER OF THE PERFORMANCE

1. The subject-matter of interpreting services is the provision of interpreting services for the Customer upon individual orders made by the Customer and confirmed by the Supplier (hereinafter referred to as “subject-matter of the Contract“). The Supplier shall ensure interpreting via an interpreter. 

2. The Customer undertakes to pay remuneration to the Supplier for the fulfillment of the subject-matter of the Contract.


2. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. The Customer is obliged to accept interpreting services pursuant to an order received by the Supplier. 

2. The Customer or the assigned worker of the Customer is obliged to confirm in writing in the interpreting protocol the implementation of interpreting services immediately after provision of the interpreting services; the protocol shall include also the opinion of the Customer whether the Supplier secured the implementation of interpreting services along with the agreed interpreting technique. If the Customer refuses to accept the agreed interpreting services without provable serious reason, this fact shall be considered the provision of interpreting services upon such order; the aforesaid shall also apply to the relationship concerning the opinion on the interpreting technique. The Supplier is entitled to issue an invoice and the Customer is obliged to pay the invoice. 

3. The Customer is not entitled to require the interpreter to perform another activity above the scope of the order (e.g. written translation, record of the negotiation, accompanying services etc.).


3. COMPLAINTS

1. A complaint for the service provided shall be made provably without undue delay no later than 15 working days from the date of provision of the interpreting service. If claims resulting from the liability for damage are enforced with delay, those claims are cancelled. A written claim for the service provided shall contain the order No., a description of the reason and character of the defect or a record of errors made. 

2. The Supplier is responsible for damage caused by shortcomings of the provided interpreting or interpreting technique by a maximum of double the price for interpreting. 

3. The provided interpreting services are defective if they are not made in compliance with the Contract on Service Provision or the order. 

4. In the case of a dispute between the Supplier and the Customer regarding the legitimacy of a claim by the Customer about errors in interpreting, the Contracting Parties undertake to resolve this dispute preferably in out-of-court proceedings. For that purpose they shall agree upon assigning an independent interpreter who shall produce an opinion evaluating the eligibility of the errors claimed. An independent interpreter shall be assigned, particularly from a list of interpreters in the list of experts, interpreters and translators kept by the Ministry of Justice of the Slovak Republic or from persons who have a fluent command of the initial (source) and target languages of the interpreting. Both Contracting Parties shall be familiarised with the estimated price for elaboration of an opinion before its execution. The price for the opinion execution shall be paid by the Customer if the opinion reveals that the claim was ineligible; otherwise the costs shall be paid by the Supplier. 

5. In the case of an eligible claim, the Supplier is obliged to provide the Customer with a reasonable discount from the price for interpreting. 

6. The Supplier shall not be held responsible for defects caused by observing the instructions given by the Customer.


4. ORDER CANCELLATION

1. In the case of an order cancellation by the Customer, the Customer is entitled to cancel such an order without penalty no later than 72 hours before the agreed time of beginning of the provision of interpreting services. The Customer is also entitled to cancel such an order after the expiry of such period, but no later than 24 hours before the agreed time of beginning of the provision of interpreting services if they pay the Supplier 50% of the remuneration for the interpreting services. If the Customer cancels the order later, they are obliged to pay 100% of the remuneration for interpreting services.


5. TRANSPORT, ACCOMMODATION AND CATERING

1. The Customer is obliged to provide transport for the interpreter by relevant means depending on the distance of the place of interpreting. In the case of own transport of the interpreter, the Customer is obliged to compensate his/her travel costs to the full extent. 

2. The Supplier is entitled to charge the same rate for the time an interpreter spent on the journey or otherwise lost as a result of the interpreting as during interpreting itself. 

3. The Customer is obliged to provide accommodation to the interpreter in a single room, including facilities. 

4. The Customer is obliged to enable and ensure a break for the interpreter and a rest for a minimum of half an hour no later than after four hours of interpreting. 

5. A day of interpreting means 8 hours, including breaks.


V.
PRICE AND PAYMENT CONDITIONS

1. The Customer undertakes to pay to the Supplier for translation or interpreting services the remuneration according to the price list of translation services or the price list of interpreting services valid as of the date of the order (hereinafter referred to as “Price List“). In order to determine the amount of the remuneration for translation services, a decisive factor is the number of standard pages /pages of the resulting (translated) text, and not the number of standard pages /pages of the source text. The price for interpreting services shall be paid for every started hour of interpreting; if the interpreting services are carried out outside the permanent address of an interpreter, the price of such interpreting shall be paid for the first started four hours and for every further started hour. 

2. In the case of additional services which are not included in the Price List, the price and conditions of such additional services shall be determined by independent agreement of the Contracting Parties. 

3. The remuneration of the Supplier for every translation service or interpreting service performed upon a particular order is payable upon the issue of an invoice by the Supplier within 10 days from the date of the invoice delivery to the Customer. The Supplier shall issue an invoice after the performance of every translation service or every interpreting service. 

4. In the case of a delay of the Customer with payment of the remuneration pursuant to this Article, the Supplier is entitled to a contractual penalty from the Customer in the amount of 0.05% from the amount in relation to which they are in delay for every day of the delay. The right to compensation for damage shall not be affected by the contractual penalty even if the amount of the damage exceeds the amount of the contractual penalty. 

5. Any payment on the part of the Customer against the Supplier shall be considered as paid on the date of its crediting to the account of the Supplier or by the date of the actual receipt of the relevant amount in cash by the Supplier.


VI.
SPECIAL PROVISIONS

1. The Customer is obliged to ensure the necessary collaboration to the Supplier, including all information necessary to secure performance of the subject-matter of the Contract. If the Customer breaches this obligation, the Supplier shall not be responsible for eventual complaints due to reasons related to the breach of this obligation. 

2. The Customer undertakes not to contact the translators and interpreters of the Supplier who performed translation services or interpreting services for the Customer upon the contractual relationship between the Customer and the Supplier. If a contact between the Customer and the translator or interpreter arises with the consent of the Supplier, the Customer undertakes not to negotiate the matters related to the business conditions of the given and other translation service or interpreting service. If the Customer breaches any obligation in this paragraph 2, the Customer shall be obliged to pay to the Supplier a contractual penalty in the amount of EUR 4,000.00 for every such breach even in the case that the translation services or interpreting services are duly provided; the right to the compensation for damage shall not be affected by the contractual penalty even if the damage exceeds the amount of the contractual penalty. 

3. The Supplier shall not be held responsible for damage originating to the Customer due to a failure to implement the contractual obligations if it happens due to reasons which the Supplier could not foresee at the time of conclusion of this contractual relationship between the Supplier and the Customer (as well as at the time of the order receipt). 

4. The Supplier shall not be held responsible for ultimate consequences related to a breach of copyright. 

5. The Supplier undertakes to apply professional care with the fulfillment of the subject-matter of the Contract. The Supplier further undertakes to observe generally binding legal regulations, the requirements of the Customer as well as contractual stipulations between the Supplier and the Customer. 

6. The Supplier is entitled to require from the Customer an advance payment for the remuneration, up to the amount of 100% of the assumed remuneration (hereinafter referred to as "Advance Payment"); the amount of the assumed remuneration shall be specified by the Supplier. The Supplier shall notify the Customer in the order confirmation whether they are to require an Advance Payment and in what amount. The Customer is obliged to settle the Advance Payment upon the invoice issued by the Supplier within 3 days of delivery of the invoice to the Customer. The period for performing a translation shall be prolonged by the period which expires from the request for Advance Payment by the Provider from the Customer up to settlement of the Advance Payment by the Customer (par. 5 of this Article); in the case of interpreting services, the Advance Payment shall be paid no later than 3 days before the date on which the required interpreting services are to be provided, unless otherwise agreed upon by the Contracting Parties. If the Customer fails to settle the Advance Payment (in full amount) within 10 days of the conclusion of the Contract on service provision, the Contract on service provision shall expire; the Contract on service provision shall also expire if the Advance Payment (in full amount) is not paid no later than 3 days before the day on which the required interpreting services are to be provided, except as otherwise agreed by the Contracting Parties.


VII.
SIONS

1. Unless these General Business Conditions state otherwise, legal relationships between the Contracting Parties shall be governed by the provisions of Act No. 513/1991 Coll., Commercial Code as amended. If the Customer is a natural person-consumer according to Section 52 par. 4 of the Civil Code (a “Consumer”), the legal relationships not arranged by these General Business Conditions and special stipulations between the Contracting Parties shall be governed by the Civil Code. The Contracting Parties declare that any disputes regarding the interpretation or implementation of the Contract shall be resolved preferably by mutual negotiations. All disputes shall be under the authority of the Slovak courts. 2. Stipulations between the Customer and the Supplier differing from these General Business Conditions shall prevail.
 

Please, be informed that the agency has moved to Lúčky 12 in Skalica.

You can also order our services easily and quickly electronically from the comforts of your home.

E-mail: ntb@ntb.sk



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