General terms and conditions of acces
Client is any natural or legal person that requests TF TELMO FERREIRA TRADUÇÕES® to perform translation, simultaneous translation or transcription work (with or without translation).
2. Budget and acceptance of a contract
2.1 While TF TELMO FERREIRA TRADUÇÕES® has not had the opportunity to access the full content of the document to be translated or edited, any budget issued on the order in question, including fees and / or delivery date, is exempt from be cancelled or modified at any time.
2.2 A contract will only come into effect once it is accepted by the client in writing that the budget has been submitted by TF TELMO FERREIRA TRADUÇÕES® or after TF TELMO FERREIRA TRADUÇÕES® sends a written confirmation of acceptance of a work requested by the client. Acceptance or written confirmation shall mean the inclusion of an acceptance or confirmation sent by fax or by e-mail.
2.3 TF TELMO FERREIRA TRANSLATIONS® will confirm in writing the entry of a work. The fact that the confirmation was not sent does not imply that the contract was not accepted.
2.4 TF TELMO FERREIRA TRADUÇÕES® will consider as a client the person who issues the order to perform a job, unless that person explicitly states that he acts in the name or for the account of another person, at the time of entering into force of the contract, and presents the name and address of this third person.
2.5 In case TF TELMO FERREIRA TRADUÇÕES® has reasonable grounds to suspect the client's ability to effect payment, TF TELMO FERREIRA TRADUÇÕES® is authorized to request an additional form of security for such payment.
3. Delivery times
3.1 TF TELMO FERREIRA TRADUÇÕES® undertakes to respect the deadline, except in situations beyond its responsibility. In case you do not have the possibility to comply with an agreed deadline for exceptional reasons, TF TELMO FERREIRA TRADUÇÕES® is obliged to inform the client immediately.
3.2 The delivery is deemed to have been made when TF TELMO FERREIRA TRADUÇÕES® returns the translation to the customer by e-mail, regular mail, express mail or delivery by hand, with written confirmation from the client.
3.3 Regarding any work order to be carried out by TF TELMO FERREIRA TRADUÇÕES®, the customer is obliged to do everything that is possible in order to allow TF TELMO FERREIRA TRADUÇÕES® to be delivered within the agreed period.
4. Modifying or cancelling an order
4.1 In case the client introduces changes or additions to a work project after the respective contract has been established and if these changes and / or additions are not of a restricted nature, which depends only on the discretion of TF TELMO FERREIRA TRADUÇÕES®, this reserves the right to change the deadline and / or fees according to the modifications or to reject the modifications in question.
4.2 Any changes to the specific conditions of a work project made after the respective contract has been signed can only be performed after being accepted and confirmed in writing by TF TELMO FERREIRA TRADUÇÕES®.
4.3 In the event that a customer cancels the order of a work project after the respective contract has been signed, the customer is responsible for full payment unless TF TELMO FERREIRA TRADUÇÕES® grants a discount. The value of this discount will depend exclusively on the judgment of TF TELMO FERREIRA TRADUÇÕES® and the work already done. All work completed up to the date of cancellation will be delivered by TF TELMO FERREIRA TRADUÇÕES® to the client.
5. Execution of work and confidentiality
5.1 TF TELMO FERREIRA TRADUÇÕES® commits itself to its clients to ensure that all translation work is carried out by the most competent and specialized translator the agency has.
5.2 TF TELMO FERREIRA TRADUÇÕES® reserves the right to use the service of third parties, that is, an independent, qualified and freelance translator to work on a project and / or perform a job.
5.3 In order to carry out a high-quality translation work, the client is obliged to provide TF TELMO FERREIRA TRADUÇÕES® with all necessary information regarding the text to be translated, including specific terminology.
5.4 TF TELMO FERREIRA TRADUÇÕES® undertakes to treat all information provided by the client with strict confidentiality. TF TELMO FERREIRA TRADUÇÕES® undertakes to alert all independent translators whose services it uses, for its obligation to handle the information entrusted to it in complete confidentiality. TF TELMO FERREIRA TRADUÇÕES® can not be held responsible in the unlikely event that a third person does not respect the confidentiality to which it is obligated and unduly disclose any information considered confidential.
6. Rates, fees and interest for late payment
6.1 The rate shall be calculated on the basis of the number of translated words in the arrival text multiplied by the standard rate per word, unless the TF TELMO FERREIRA TRANSLATIONS ® translation agency has agreed otherwise with the client.
6.2 In addition to the standard fee, TF TELMO FERREIRA TRADUÇÕES® will also apply a supplementary fee in the following cases: if the text to be translated needs to be revised, if it is a specialized one or if it needs to be translated as a matter of urgency. The list of conditions mentioned above is not exhaustive.
6.3 The mentioned tariffs do not include VAT unless expressly stated otherwise.
6.4 Invoices shall be settled upon payment and may have a different period, established by agreement of both parties. The customer will be immediately at fault, without having to show proof of fault or default, in case an invoice is paid out of time. In this case, the client is subject to payment of default interest, calculated at the legal rate in force, including the administrative costs of TF TELMO FERREIRA TRADUÇÕES®, in the amount of 50 euros per invoice, and the administrative and / or commission costs of the company contracted by TF TELMO FERREIRA TRADUÇÕES® to proceed with its collection.
7. Complaints and Conflicts
7.1 The client shall, as soon as possible and within a period of 10 working days after delivery of the work, notify TF TELMO FERREIRA TRADUÇÕES® in writing of any complaint he or she wishes to make regarding a translation, including a detailed specification of the content complaint. Under no circumstances will the delivery of a claim constitute a reason to exonerate the customer from the obligation to effect a payment.
7.2 If the client has not lodged a complaint within the deadline set forth in article 7.1, it is assumed that he has accepted the work submitted to him in full, and any claim he may subsequently make will only be taken into account if TF TELMO FERREIRA TRADUÇÕES® a accept.
7.3 In the event of a claim or conflict, TF TELMO FERREIRA TRADUÇÕES® will formally make known its opinion based in part on the qualified opinion of the independent translator involved in the work in question.
7.4 In the event that TF TELMO FERREIRA TRADUÇÕES® considers the claim justified, partially or totally, TF TELMO FERREIRA TRADUÇÕES® undertakes to do everything possible to comply with the complaint and to carry out a rectification.
8. Liability and compensation
8.1 A customer may only consider TF TELMO FERREIRA TRADUÇÕES® responsible for damages and losses that can be proven to be the direct result of a fault attributable to it. TF TELMO FERREIRA TRANSLATIONS will not be liable in any way for any form of damage such as loss of profits, damages due to delays or loss of earnings. TF TELMO FERREIRA TRADUÇÕES® will not be responsible in any way for the incorrect translation of ambiguities existing in the document that constitutes the starting text.
8.2 The liability of TF TELMO FERREIRA TRADUÇÕES® is limited to an amount equivalent to the tariff of the work in question, excluding VAT. In all situations, this responsibility is limited to a maximum of 10,000 euros.
8.3 The customer is responsible for the risk of adverse consequences resulting from the use made of a text translated by TF TELMO FERREIRA TRADUÇÕES®, whether personal or economic losses. The client should verify the correctness of all parts of the translation delivered by TF TELMO FERREIRA TRADUÇÕES®, which are of importance for itself or that are of a specific nature as graphics and information of the medical forum, since TF TELMO FERREIRA TRADUÇÕES® can not in any way rule out an omission, even though it strives to present the best and most accurate translations possible.
8.4 since TF TELMO FERREIRA TRADUÇÕES® shall not be held responsible for any damage or loss of documents, information or means of transmission of information that the client has made available to him. In addition, shall not be held liable for any loss or damage caused by the use of certain information technology, the Internet or other modern means of communication, nor for any loss or damage resulting from the circulation of information and their supports.
8.5 The client shall indemnify TF TELMO FERREIRA TRADUÇÕES® for any claim made by third parties regarding an alleged infringement of title to property, patent or intellectual property rights.
9.1 In case a client fails to comply with its obligations or in case of insolvency, TF TELMO FERREIRA TRADUÇÕES® shall have the right to cancel the contract in whole or in part or to suspend its execution without being responsible for compensation.
9.2 In case TF TELMO FERREIRA TRADUÇÕES® fails to fulfil its obligations due to circumstances beyond its control, it will be given an opportunity to extend or cancel a contract without having the responsibility for compensation. Extraordinary circumstances include, but are not limited to, fire, accidents, strikes, revolutions, war, problems of means of transport and measures taken by public authorities.
10.1 Except as expressly provided otherwise, TF TELMO FERREIRA TRADUÇÕES® shall hold the copyright in respect of any translation made by the translator.
11. Legislation applicable
11.1 For all legal relationships between TF TELMO FERREIRA TRADUÇÕES® and the customer, the Portuguese legislation is applicable, and the District of Aveiro is now established.
12. Other clauses
12.1 By TF TELMO FERREIRA TRADUÇÕES® means the trademark registered by the TELMO FERREIRA, translator, owner of the page https://tftraducoes.pt, whose office is located in Vagos, Portugal, and whose trademark is registered at INPI, in Portugal, under the number 595033.
12.2 The most recent version of these General Terms and Conditions shall be made available to the client. upon request. In addition, you can also consult it at https://tftraducoes.pt.
12.3 These General Terms and Conditions apply to all types of legal relationships established between TF TELMO FERREIRA TRADUÇÕES® and the client and invalidate the Client's General Terms and Conditions, except if, previously, since TF TELMO FERREIRA TRADUÇÕES® has explicitly agreed and in writing accept these General Terms and Conditions.
First Publication: April 23, 2018.