Terms and conditions

The following general terms of sale and delivery shall apply to any delivery of translation services, etc. by OnLine Translation (hereinafter referred to as OnLine), unless otherwise agreed in writing by OnLine.

These terms shall supersede any terms or conditions of the order/acceptance of the Customer, including the general terms of business of the Customer. OnLine or the Customer shall derogate from these terms of sale and delivery only by express written agreement or order confirmation between OnLine and the Customer.

1. QUOTATIONS

A quotation is open for 60 days from the date of the quotation, unless otherwise stated. Final agreement as to delivery has not been made until OnLine confirms in writing the receipt of the Customer's acceptance of a quotation.

2. ORDER CONFIRMATION

All orders shall be confirmed in writing by OnLine. The Customer shall check the order confirmation immediately upon receipt and notify OnLine about any errors or omissions in the confirmation.

3. PRICES AND PAYMENT

All quotations are exclusive of VAT, which will be payable at the prevailing rate at the time of invoice. All quotations are subject to change according to any amendments made by the Customer to the size or nature of the assignment. Quotations offered by OnLine are subject to word count errors.

Terms of payment: 8 days net. All amounts shall be payable without deductions or set-offs. Any payment made later than eight days from the date of invoice shall be subject to interest and charges according to the Danish Interest Rates Act (Renteloven).

4. TIME OF DELIVERY

OnLine shall not be liable to pay damages for any delay, unless it can be attributed to a breach of contract on the part of OnLine. Unless otherwise expressly stated, the times of delivery mentioned in the order confirmation are approximate.

Where OnLine learns that delivery is likely to be delayed considerably, OnLine shall immediately inform the Customer of this delay as well as of the expected time of delivery.

5. PLACE OF DELIVERY

Unless OnLine and the Customer have agreed on a specific forwarding method, translations, etc. produced by OnLine shall be forwarded to the Customer in the way that OnLine finds most suita-ble. The place of delivery shall be the Customer's address as indicated in the order confirmation.

6. DEFINITION OF LANGUAGE SERVICES

Insofar as the type and nature of the assignment is concerned, OnLine represents that the assignment will be solved in a professional manner by professionally qualified people, by which is understood that OnLine shall deliver a correct translation/proofreading, however, subject to errors in the source text produced by the Customer, which may disturb its content and message and lead to misinterpretation.

"Translation" comprises the actual translation of a text from one language to one or more other languages as well as proofreading of the grammar, orthography and content of the translated text (by the translator).

”Secondary proofreading” comprises a perusal of the grammar, orthography and content of the translated text, performed by another qualified translator.

"Proofreading" of a text which OnLine has not been responsible for translating or writing comprises a perusal of the text with a focus on grammar, orthography and understanding, including terminology.

The proofreader is not expected e.g. to verify all terms applied in a text. However, the proofreader is expected to check the adequacy of the applied terms and correct them if the proofreader can prove that they are decidedly wrong.

Proofreading shall only include a comparison of the contents of the source and target texts if the Customer has expressly asked for it, and if so stated in the order confirmation.

7. PROPERTY RIGHTS AND CONFIDENTIALITY

All documents, files, drawings and other documentation, etc. (hereinafter referred to as the Documents) handed over to OnLine for translation or other preparation shall remain the property of the Customer. However, in order to complete the assignment, OnLine reserves the right to copy, scan¬ or in other ways reproduce the Documents and hand them over to OnLine's translators, proofreaders and others.

OnLine shall observe the strict confidentiality of the Documents, their contents and the topics that they deal with and has ordered its translators, proofreaders and others to do the same. OnLine holds all intellectual property rights to translation memories, termbases, etc. pro¬du¬ced in connection with the completion of a translation assignment.

8. COMPLAINTS AND LIABILITY

The Customer shall examine the translation produced by OnLine immediately upon receipt. If the Customer wishes to invoke that the delivery is inadequate or defective, the Customer shall file a written complaint, using examples to illustrate the grounds for it, within eight days of delivery.

Subject to acceptance of the complaint, OnLine will remedy the defect. If replacement delivery (subsequent delivery) takes place within a reasonable time following a justified complaint, OnLine shall hold no liability for other consequences of defects.

OnLine shall accept no liability for any consequential loss, loss of earnings or other indirect loss. By stressing that the Customer him-/herself is responsible for the congruency between his/her needs and the nature of the documents handed over to OnLine by him/her, OnLine excludes liability for any consequences of the defectiveness of the Documents.

9. FORCE MAJEURE

OnLine shall not be liable to the Customer for any loss or damage attributable to circumstances beyond the control of OnLine, including force majeure, strikes, lock-outs, defects of IT systems, outstanding orders with subsuppliers, etc.

OnLine shall inform the Customer thereof without undue delay. Where timely performance of the obligations under an agreement is frustrated by the circumstances mentioned in this section, either of the parties may without any restrictions terminate the agreement by written notice thereof to the other party.

10. DISPUTES AND APPLICABLE LAW

If disputes arise between the parties in connection with this agreement, the parties shall do everything in their power to settle these disputes amicably.

Disputes which cannot be settled amicably shall be brought before the district court (Byretten) of Kolding. Danish law shall apply.