All translation orders are treated with absolute confidentiality. If the client so desires, a separate confidentiality agreement can be drawn up.
It is not possible to guarantee 100% confidentiality in the course of electronic communication between the client, Mixxedaccent and the translator.
If translation material is transmitted by post or other authorized means, the client bear the risk of any accidental loss, accidental damage or late delivery after the translation has been handed in at the Post Office or the dispatch service provider. Mixxedaccent may not be held liable for any damage of any nature beyond what is covered by the Post Office or the dispatch service provider.
Insofar as the client does not expressly state otherwise at the time of contract, Mixxedaccent reserves the right to retain a copy of each translation for a certain period of time.
General Business Terms
The contractual relationship between Mixxedaccent and its clients are subject to the following General Business Terms:
Mixxedaccent operates a translation, interpreting, proofreading, and subtitling service - all of which are referred to as translation.
The translations are carried out either by Andrea Pate-Cazal, or by independent translators who, after a verification of their qualifications, are given access to the texts of Mixxedaccent.
A contract with Mixxedaccent is considered concluded when the client has transmitted the order by electronic mail, or a signed purchase order by fax and this order has been confirmed, by email/fax, by Mixxedaccent.
The source material must be legible and must be transmitted to Mixxedaccent on time and in the format stated. Mixxedaccent may not be held responsible for any delay in delivery of a translation that results from the late delivery of the source material or delivery in a different format. Changes or additions to the source material must be transmitted to Mixxedaccent with the changes relative to the original version clearly marked.
Fees and delivery
The client may change a text already being worked on and submit additional source material (author's corrections). The fees for this and the ensuing delivery times will be determined according to the number of changes and percentage of the total text already translated. Mixxedaccent will give an estimate of the additional costs before the changes or additions are carried out.
Unless a fixed fee has been agreed in advance, the charge for corrections, subsequent text design, use of graphs and illustrations, text assembly, the production of printer's copies or html documents and such like, will be on the basis of the actual time spent on the task.
Unless agreed otherwise, the translation fee is based on the number of words. As a rule this is the word count of the source text. In exceptional cases, it can be the word count of the target text. The price per word will be determined after review of the source text and is part of this agreement. The minimum charge for a translation is USD 35.
Mixxedaccent submits an invoice immediately after the translation has been completed. The client will receive the invoice by e-mail. Unless otherwise agreed, payment is due within 30 days and without any deductions. Depending what has been agreed, payment is by check or transfer to the bank account, or using the Moneybookers-Service.
Payments from foreign countries must be free of costs. All bank charges are to be paid by the client.
If a client cancels the order without any legal or contractual right, the parts of the order which have already been translated are placed at his disposal and are charged. Mixxedaccent reserves the right to subsequent claims for compensation.
If a client is late in paying, Mixxedaccent reserves the right to charge interest.
Each translation is made in accordance with the valid and generally accepted rules of spelling, grammar and language use of the target language.
When translating technical or specialist texts, Mixxedaccent uses the terms that are in current use and according to their commonly accepted meaning. If the client wishes certain terms or forms of language to be used that deviate from the generally recognized rules, he must inform Mixxedaccent and provide the relevant instructions (text examples, parallel texts, glossaries and such like). The use of a certain specific terminology must be expressly agreed in advance and stated when the order is placed. The client agrees to provide consultation at the request of the translator.
Mixxedaccent guarantees that the translations are without mistakes, minor errors excluded. Mixxedaccent also guarantees that the translation is carried out in full, without abridgements or additions. The translation is checked by Mixxedaccent for completeness, data format and for immediately recognizable deficiencies. It is then sent to the client. The time of delivery of the translation is the day of dispatch by Mixxedaccent i.e. the time stamp of the e-mail/FTP server. If the client does not object within 14 days - starting on the day following the day of dispatch (see above) - the translation is considered to have been accepted. On acceptance, the client waives the right to any claim he might have on the grounds of defects.
If the client objects within the given 14 days on the grounds of an objectively existing defect, that is not a minor defect, this defect must be described in writing as precisely as possible. At the same time the client must state a deadline for Mixxedaccent to remedy the defect.
As long as Mixxedaccent considers the deadline reasonable, the defect will be remedied within that time span. Otherwise this will be done within a reasonable time period. If this correction is insufficient the first time, Mixxedaccent reserves the right to remedy the translation a second time - again on the basis of a detailed description of the defects by the client. If this second remedy fails, the client may choose between a reduction of the agreed fee and the cancellation of the order. If the client chooses the latter, all rights to the translation will be the property of Mixxedaccent.
The client has further rights on the basis of translation defects only when Mixxedaccent, one of its legal representatives, or one of its vicarious agents has acted maliciously or with gross negligence.
All claims to liability and compensation are limited to the order value.
In the case that Mixxedaccent, after accepting the order, is unable to fulfill the order within the agreed time for a good reason (e.g. illness of the translator or difficulties of a technical nature), Mixxedaccent will inform the client of this fact immediately.
San Diego, California, is the exclusive place of jurisdiction for contracts with general merchants, legal persons, public corporations and public common funds.
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