Terms and Conditions for translation services by IMASoL Translations, a company of IMASoL Media, S.L.

Status: 20.08.2020

1. General information

The general terms and conditions of IMASoL Media S.L. become part of the contract. These are accepted by the customer with the placing of the order and apply for the entire duration of the project. The validity of any general terms and conditions of the customer is explicitly excluded, if they do not correspond to these general terms and conditions.

2. Placing of order

The customer places the translation orders in electronic form via computer terminal or in any other way. He/she shall specify the target language, the subject and the field of expertise of the text to be translated. In addition, he/she has the possibility to indicate the intended purpose of the translation. This is particularly important if the translated text is to be published or used for advertising purposes, as special adaptation work is required, which may also justify higher remuneration for the translation work. Special terminology requests of the customer for the translation will only be taken into account after explicit prior agreement if corresponding documents (sample texts or word lists) are provided. For the completion of the translation, the translation times selected by the customer shall be fixed. All times given refer to Central European Time (CET). IMASoL Media S.L. can deviate from the delivery date stated in the order confirmation by up to 25 percent, if the text to be translated is extraordinarily extensive, has special difficulties, the target language is not one of the main languages of communication or if there are other reasons for this. The text sent electronically by the customer will be confirmed in writing or by e-mail. An order is only considered placed when a corresponding order confirmation has been sent to the customer by IMASoL Media S.L. Any liability for delays or deficiencies in execution, which are caused by incorrect or incomplete transmission or by ambiguous or incorrect wording in the source text, is excluded. Even after an order confirmation, IMASoL Media S.L. is allowed to refuse the translation of texts with criminal content or texts that contain a violation of morality.

3. Execution by third parties

IMASoL Media S.L. operates a translation service, which is available to customers all over the world via Internet / World Wide Web. In order to carry out the translations, IMASoL Media S.L. may also use the assistance of independent translators. In doing so, it is only liable for a careful selection. The business relationship exists only between the customer and IMASoL Media S.L. A contact between the customer and a commissioned translator requires the explicit consent of IMASoL Media S.L.

4. Prices

All offers and prices are subject to change. The prices are quoted in Euro, unless another value date has been expressly agreed. All prices stated in the offers are net prices and are subject to the applicable statutory value added tax. A new determination of the non-binding price list or the prices in the price calculation program can be made at any time. The price calculation program serves only as an indication of the final price, which will be communicated to the customer on request.

5. Delivery periods

Delivery times are given to the customer to the best of our knowledge and belief. They can always only be estimated dates. A delivery is considered to be on time as soon as the translation has been verifiably sent to the customer (dispatch protocol).

6. Termination

The customer can cancel his translation order at any time. He must reimburse the costs incurred up to that point in proportion to the degree of completion. After the start of the translation work by IMASoL Media S.L. at least 50 percent of the order value must be reimbursed.

7. Disruption, force majeure, closure and restriction of operations, network and server errors, viruses

A liability for damages caused by disruption of the operation, especially by force majeure, e.g. natural phenomena and traffic disruptions, network and server errors, other line and transmission disruptions and other obstacles which are not the responsibility of IMASoL Media S.L. is excluded. In these exceptional cases IMASoL Media S.L. is allowed to withdraw from the contract completely or partly. This is also valid if for important reasons the operation, especially the online service, has to be stopped or restricted completely or partly for a certain time. IMASoL Media S.L. is not liable for damages caused by viruses. The EDP (networks, workstations, programs, files etc.) are regularly checked for viruses. If files are delivered by e-mail or by any other remote transmission, the customer himself is responsible for a final check of the transmitted files and texts for possible viruses. Claims for damages in this regard will not be accepted.

8. Complaint

If the customer does not lodge a written complaint within 14 days of receipt of the translation, stating the defect in detail, the translation shall be deemed to have been delivered in accordance with the contract. In this case, the customer waives all claims to which he/she might be entitled due to possible defects in the translation.

9. Rectification of defects

Should the translation deviate from the requirements agreed upon in each case, the customer shall set a reasonable deadline for correction. IMASoL Media S.L. will carry out the rectification of defects within the mentioned period if it is reasonable, otherwise within a reasonable period. After expiration of the set time limit the customer can demand the cancellation of the contract (redhibitory action) or the reduction of the payment (abatement) if the defect has not been eliminated in time. These claims shall be excluded if the value or suitability of the translation is only insignificantly reduced by the defect. In case of cancellation of the contract (redhibitory action) all rights to the translation are returned to IMASoL Media S.L. The right to rectification of defects is excluded if the defect was caused by the customer himself, e.g. by incorrect or incomplete information or faulty source texts.

10.Delay in delivery, impossibility, withdrawal and compensation

The customer is only entitled to withdraw from the contract in cases of delay in performance and impossibility of performance for which IMASoL Media S.L. is responsible, if the delivery time has been exceeded by an unreasonable amount of time and an extension has been set in electronic or written form. A setting of a deadline is not necessary if the customer has already informed IMASoL Media S.L. in writing when placing the order that the provision of the contractual service is meaningless for him after the expiry of the agreed delivery time. In commercial transactions IMASoL Media S.L. is not liable for late delivery, for non-performance or for vicarious agents. IMASoL Media S.L. is only liable in case of intent and gross negligence. The liability is limited to the invoice value of the damaging delivery or service, but not exceeding 10.000 EURO. The liability limit is reduced to one third in commercial transactions if the customer is insured against the damage caused. If the customer does not specify the intended purpose for the translation in the order form, especially if the translation is to be published or used for advertising purposes, he cannot demand compensation for the damage caused by the fact that the text proves to be unsuitable for the intended purpose or that the publication or advertising has to be repeated due to a faulty adaptation or that it leads to damage to the company's reputation or loss of image. If the customer does not indicate that the translation is intended for printing and does not provide IMASoL Media S.L. with a proof before printing and prints without prior explicit written approval, IMASoL Media S.L. does not assume any liability for damages resulting from this.

11. Assignment / set-off / right of retention

An assignment of the rights from the contract by the customer requires the written consent of IMASoL Media S.L. The customer can only offset with undisputed or legally binding claims. The customer is only entitled to assert a right of retention because of such counterclaims resulting from the contractual relationship, against which the right of retention is asserted.

12. Terms of payment

The fee for the translation is due 14 days after its completion at the latest. The invoice amount must be paid by bank transfer or paypal. Defaulting customers will be consistently reminded in writing with costs and in case of wrong address data the correct address will be determined with costs via the tracked IP number with the help of the provider (according to the legal regulations for the facts of computer fraud). To represent our interests we have commissioned the company Eurotreuhand Inkasso GmbH. In your own interest, pay your bills on time. It helps to avoid costs and efforts and we can keep our prices low.

13. Dispatch, transfer

As a rule, the dispatch or electronic transmission of the translation takes place from the office processing the dispatch. This is at the risk of the customer. No liability is assumed for an incorrect or harmful transmission of the texts or for their loss, as well as for their damage or loss during non-electronic transport.

14. Secrecy protection

Due to the communication in electronic form between the client, IMASoL Media S.L. and the translators, an absolute protection of trade secrets and other confidential data and information of the client cannot be guaranteed. However, all translators working freely for IMASoL Media have signed a Non-Disclosure Agreement (NDA), which states that they undertake not to disclose or use for their own purposes any facts resulting from the translation requests or orders. 

15. Copyrights

IMASoL Media S.L. takes care that the client receives the exclusive rights of use and exploitation of the translation. It releases the client from all claims of the translator. However, the rights of use and exploitation are only transferred to the customer after full payment of all claims arising from the contractual relationship. The customer guarantees IMASoL Media S.L. that he/she is entitled to all rights to the text to be translated and that he/she is fully authorized to have the text translated. In this respect, IMASoL Media S.L. and the translator are released from all claims.

16. Data protection

IMASoL Media S.L. points out that personal data will be stored, used and processed on data carriers in the context of the execution of the contract. As far as IMASoL Media S.L. uses third parties to provide the offered services, IMASoL Media S.L. is entitled to disclose customer data if this is necessary to ensure the operation or to process the order. 

In the case of delayed payment, your name and address will be passed on to EuroTreuhand Inkasso GmbH, Amsterdamer Straße 133 b, D-50735 Cologne, Germany, if necessary to protect our legitimate interests. Your interests worthy of protection will be taken into account in accordance with the statutory provisions.

After successful order processing IMASoL Media S.L. will publish your company name, company logo or short comments for advertising purposes on its own website. You can object to this publication at any time.

17. Applicable law and jurisdiction

The contractual relationship and further business relations between IMASoL Media S.L. and the customer are exclusively subject to Spanish law under exclusion of the international sales law. As far as permitted, Barcelona, Spain is the exclusive place of jurisdiction for both parties for all disputes.

18. Effectiveness

In the event of one or more provisions of the General Terms and Conditions of Business becoming invalid initially or later, the validity of the remaining provisions shall not be affected. A valid provision that comes closest to the legal and economic purpose shall then be deemed agreed. The same applies to an illegal gap in the regulations.

19. Changes of the terms and conditions

The customer will be notified in writing of any changes to the terms and conditions. They shall be deemed to have been approved if the customer does not object to them in writing within two weeks of notification.