Conditions

GENERAL TERMS AND CONDITIONS
FOR TRANSLATION AND OTHER SERVICES
BY ELIAS TRANSLATION AGENCY

I.GENERAL PROVISIONS

1.1.These General Terms and Conditions settle the relations between ELIAS translation agency (legal name ELIAS T&R LTD with management address in the city of Sofia 1000, 43 Angel Kanchev Str., fl. 3, VAT No. 130986322, reg. No. from the Commission for Personal Data Protection 0053309/06.02.2001) hereinafter called the CONTRACTOR and the consumers (clients) of the company’s services, hereinafter called the CONTRACTING ENTITY.

1.2.These General Terms and Conditions settle the relations between the CONTRACTOR and the CONTRACTING ENTITY when there is no specific contract between them for the provision of services by ELIAS Translation Agency, hereinafter called the Service Contract. If there is a Service Contract, these Terms and Conditions shall be an integral part of it. If there is a discrepancy between the clauses of the General Terms and Conditions and those of the specific contract, the clauses of the Service Contract shall be applied.

1.3.ELIAS Translation Agency provides the following services:
1.3.1.translations of documents and other papers from Bulgarian into foreign languages and from foreign languages into Bulgarian;
1.3.2.express translations;
1.3.3.legalization of documents;
1.3.4.interpreting from Bulgarian into foreign languages and from foreign languages into Bulgarian;
1.3.5.online translations;
1.3.6.localization of texts;
1.3.7.editing and proofreading of texts (in Bulgarian and in foreign languages);
1.3.8.additional services.

II.TAKING AND DELIVERING ORDERS

2.1.The CONTRACTING ENTITY commissions and the CONTRACTOR undertakes to perform the service specified in the order receipt.

2.2.The order receipt is an agreement between the CONTRACTING ENTITY and the CONTRACTOR and by signing it the CONTRACTING ENTITY accepts and signs these General Terms and Conditions.

2.3.The order is considered completed by the CONTRACTOR and delivered to the CONTRACTING ENTITY, when the clauses of these General Terms and Conditions, the requirements of the CONTRACTING ENTITY, the regulations of the effective legislation and the standards, directives and other technical specifications applied in the Republic of Bulgaria are all fulfilled, which guarantees the quality of the services provided.

III.CONDITIONS FOR SERVICE PERFORMANCE

3.1.Conditions for the performance of translations (including express and online translations):
3.1.1.When ordering a translation the CONTRACTING ENTITY is obligated to provide the CONTRACTOR with:
3.1.1.1.names written out in full of natural and legal persons, addresses, geographic denominations, etc. which are encountered in the text for translation; if that information is missing, the CONTRACTOR shall translate them or write them out in accordance with the Transliteration Act;
3.1.1.2.all the abbreviations in the text written out in full; if such are not provided, the CONTRACTOR shall translate them at their own discretion or write them out in accordance with the Transliteration Act, or leave them untranslated;
3.1.1.3.legible text; if such is not provided, the CONTRACTOR shall make out the text as best as they can and write “illegible” at the illegible places;
3.1.1.4.glossary of the terminology, which they want to be used in the translation; if a certain term is missing in the glossary, the CONTRACTOR shall translate it at their own discretion.
3.1.2.A standard translation is such that the CONTRACTOR performs for a period of 48 hours and whose volume is up to 5 electronic pages.
3.1.3.A fast translation is such that the CONTRACTOR performs for a period of 24 hours and whose volume is up to 5 electronic pages.
3.1.4.An express translation is such that the CONTRACTOR performs for a period of 2-8 hours and whose volume is between 1 and 3 electronic pages.
3.1.5.An online translation is a translation order, which is taken and delivered via e-mail.
3.1.6.Translations with volumes bigger than the specified in items 3.1.2, 3.1.3 and 3.1.4. shall be negotiated additionally.
3.1.7.The price of the translations is calculated per electronic page in accordance with the pricelist of the CONTRACTOR, published on their website, i. e. 1800 electronic symbols with the spaces (30 rows, 60 symbols per row in accordance with the Bulgarian State Standard).
3.1.8.The minimum volume of translation which is calculated is 1 electronic page.
3.1.9.The last initialized page is considered a whole page.
3.1.10.The calculation of the final price depends on the number of electronic symbols in the completed translation.
3.1.11.The price of a translation from one foreign language into another foreign language is calculated as a sum of the prices of the translation from the foreign language into Bulgarian and the translation from Bulgarian into the second foreign language. The period for the completion of the translation is a sum of the time necessary for the performance of the translation from the foreign language into Bulgarian and the translation from Bulgarian into the second foreign language.
3.1.12.The price for services outside of the working hours and during holidays is subject to negotiation.
3.1.13.The CONTRACTOR shall commission the translation to a qualified translator, who shall edit and proofread their translation.
3.1.14.The translation shall be edited by an editor.
3.1.15.Stylistic and terminological editing of the translations from an expert-editor costs additionally.
3.1.16.Any additional copy of the translated document with original signatures and seals shall cost 10% of the price of the translation.
3.1.17.When ordering an online translation, the CONTRACTING ENTITY shall be obligated to pay in advance a minimum of 40% of the price of the translation. In order to confirm a bank transfer, they shall send a copy of the standing order to the CONTRACTOR via e-mail.
3.1.18.The term for completion of the order starts running after the reception of the standing order.
3.1.19.When the CONTRACTOR notifies the CONTRACTING ENTITY no later than the specified deadline that the online translation is ready, the CONTRACTING ENTITY shall be obligated to pay the rest of the price immediately and send the CONTRACTOR a copy of the second standing order.
3.1.20.The CONTRACTOR shall be obligated to send the completed online translation to the CONTRACTING ENTITY’s e-mail immediately after receiving confirmation of their payment.
3.1.21. The additional inclusion of certifications or texts in a completed and delivered translation shall be charged as a minimum of 1 electronic page.
3.1.22. The CONTRACTOR shall keep copies of the translations for 6 months after their completion.

3.2.Conditions for legalization:
3.2.1.The price of the legalization is calculated per document and includes the state and courier fees.
3.2.2.The legalization price does not include the price of the translation.
3.2.3.The CONTRACTOR shall not be liable for delays through the fault of the authorities.
3.2.4.If legalization is refused not through the fault of the CONTRACTOR, the CONTRACTOR shall be obligated to return to the CONTRACTING ENTITY the non-legalized original document; the CONTRACTING ENTITY shall be obligated to pay for the CONTRACTOR’s expenses for state and courier fees.
3.2.5.The whole price of the legalization shall be paid in advance.

3.3.Conditions for interpreting:
3.3.1.The CONTRACTING ENTITY shall be obligated to order an oral translation at best 2 weeks before the date of the event and no later than 3-5 days in advance.
3.3.2.The CONTRACTING ENTITY shall be obligated to provide the CONTRACTOR with full information regarding the place, time and duration of the event, the languages and type of interpreting, the number of the necessary interpreters, as well as to provide assisting materials and terminology for the interpreting. If no assisting materials and terminology are provided, the CONTRACTOR shall not be liable for bad quality of the interpreting.
3.3.3.The minimum time for calculation of oral translations is one hour, and after the first hour the time is calculated per half an hour.
3.3.4.In interpreting the client pays for the period of engagement of the interpreter, regardless if they interpret the whole time.
3.3.5.If the interpreter is engaged for a whole day, a lower price (price per day) may be negotiated and the interpreter’s duties must be precisely specified.
3.3.6.In case of accompaniment for interpreting outside of Sofia or abroad the CONTRACTING ENTITY shall defray the interpreter’s expenses for transport, food and accommodation. They shall be calculated and paid separately from the fee.

3.4.Conditions for localization:
3.4.1.Localization is not included in the price of the translation and is negotiated additionally depending on the language, terminology, volume and the requirements of the client.
3.4.2.The price of the localization is calculated per hour. When taking an order the CONTRACTOR gives an approximate price (from-until … o’clock).

3.5.Conditions for editing and proofreading of translations and texts in Bulgarian:
3.5.1.In editing and proofreading of translations the CONTRACTING ENTITY shall be obligated to provide the CONTRACTOR with the original text together with the translation in electronic format and to specify their requirements.
3.5.2.The CONTRACTOR shall not accept translations made with Google for editing.
3.5.3.The price for editing/proofreading shall be calculated based on the volume of the source text (1800 symbols/electronic page).

3.6.Conditions for additional services:
3.6.1.The CONTRACTOR provides the following additional services:
3.6.1.1.computer type-setting and printing;
3.6.1.2.formatting of a text;
3.6.1.3.complex formatting;
3.6.1.4.conversion of file formats;
3.6.1.5.scanning;
3.6.1.6.courier.
3.6.2.A standard computer type-setting is such that the CONTRACTOR performs for a period of 48 hours and whose volume is up to 5 pages.
3.6.3.A fast computer type-setting is such that the CONTRACTOR performs for a period of 24 hours and whose volume is up to 5 pages.
3.6.4.An express computer type-setting is such that the CONTRACTOR performs for a period of 2-8 working hours and whose volume is between 1 and 3 pages.
3.6.5.Computer type-setting with a volume bigger than the above-mentioned is negotiated additionally.
3.6.6.The prices for computer type-setting are calculated per electronic page, i. e. 1800 electronic symbols with the spaces (30 rows, 60 symbols per row in accordance with the Bulgarian State Standard).
3.6.7.The prices for computer type-setting apply to printed texts and legible handwriting. For illegible handwriting and indistinct texts the price increases by 30%.
3.6.8.The prices for file conversion and text formatting are for the A4 format.
3.6.9.In complex formatting of texts with pictures, diagrams, graphs, tables, etc., with text inside of them (if the text inside is translated), the price is determined by the specifics of the whole material.
3.6.10.The additional services are not included in the price of the translation and are performed in accordance with the pricelist of the CONTRACTOR.
3.6.11.The prices for additional services outside of the working hours and during holidays are negotiated additionally.

IV.TERM FOR THE PERFORMANCE OF THE SERVICES

4.1.The deadline for the performance of a service shall be included in the order receipt and shall start running when the CONTRACTING ENTITY provides all the necessary materials.

4.2.The term shall be considered valid, provided that the CONTRACTING ENTITY doesn’t introduce changes during the performance of the service.

V.PRICE AND METHODS OF PAYMENT

5.1.The price of the service shall be determined in accordance with the pricelist of the CONTRACTOR, which is published on their website.

5.2.The price of the service shall be specified in the order receipt and shall be paid in accordance with the order.

5.3.The price of the translation includes translation, editing and proofreading by a translator and editing by an editor.

5.4.The additional editing of a translation by an expert editor and proofreading (check-up of the edited text) is an additional service and is paid additionally.

5.5.The CONTRACTING ENTITY shall owe payment of approximately 50% of the negotiated price before the beginning of the service performance, and the rest – when receiving the completed order.

5.6.In fast and express translations the price increases respectively by 50% and 100%.

VI.RIGHTS AND OBLIGATIONS OF THE CONTRACTING ENTITY

6.1.The CONTRACTING ENTITY shall have the right:
6.1.1.to stop the performance of an order, but they shall be obligated to pay the CONTRACTOR for the completed parts of the order;
6.1.2.over the intellectual property of the materials they provide, which remain their property, but they allow the CONTRACTOR to keep and use them for the purposes of the translation.

6.2.The CONTRACTING ENTITY shall be obligated:
6.2.1.to provide information during the completion of the order;
6.2.2.to pay the CONTRACTOR the negotiated price of an order he hasn’t come to collect within the specified deadline.

VII.RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

7.1.The CONTRACTOR shall have the right:
7.1.1.to not start or to stop the performance of a service, if it turns out that the CONTRACTING ENTITY has not provided information, because of which the completion of the order has become impossible;
7.1.2.to extend the term for the completion of an order, if the materials and the necessary additional information have not been provided in time by the CONTRACTING ENTITY;
7.1.3.to not provide the CONTRACTING ENTITY with the completed order, as well as the presented materials, including the original documents, until payment;
7.1.4.over the intellectual property of the translations they perform, unless something else is specified in writing;
7.1.5.to include the CONTRACTING ENTITY in the list of their clients and to use their name for the purposes of their company marketing.

7.2.The CONTRACTOR shall be obligated:
7.2.1.to provide specialists with the necessary qualification;
7.2.2.to complete orders in accordance with these General Terms and Conditions, the prices and terms in the order receipt;
7.2.3.to keep carefully the materials from the CONTRACTING ENTITY and to return them upon request after the completion of the order.

VIII.RECLAMATIONS

8.1.The CONTRACTING ENTITY has the right to file a reclamation for a service within a 7-day term as of the date of its reception.

8.2.The CONTRACTING ENTITY shall be obligated to specify exactly in writing the places subject to reclamation in the completed order.

8.3.The CONTRACTOR shall be obligated to present the text to an independent specialist for assessment of the reclamation’s consistency and to correct the mistakes (if any) at their own expense within a 15-day term.

8.4.If the CONTRACTOR considers the reclamation inconsistent and the CONTRACTING ENTITY doesn’t agree, the parties shall sign an Agreement in which they shall appoint three experts for assessment of the reclamation – one on the part of the CONTRACTING ENTITY, one on the part of the CONTRACTOR and one independent expert, chosen by mutual agreement. In that Agreement the parties shall explicitly state, that they shall accept the conclusion of the experts regarding the quality of the completed order.

8.5.The expenses for the assessment shall be on the account of the negligent party.

8.6.Reclamations regarding legalized documents shall be accepted only upon their reception by the CONTRACTING ENTITY.

IX.CONFIDENTIALITY

9.1.In their capacity of personal data administrator in accordance with the Personal Data Protection Act the CONTRACTOR shall be obligated to not divulge illegally data, facts, information and circumstances, which have become known to them in connection with their services.

9.2.The CONTRACTOR shall be obligated to not divulge illegally information from the materials presented to them in connection with the services they provide.

X.DEFAULTS

10.1.If the CONTRACTOR does not keep the deadline of the order, they shall owe the CONTRACTING ENTITY a default at the amount of 1% of the order’s price for each overdue day but no more than 20% of the order’s price.

10.2.The CONTRACTOR shall not owe defaults, if the delay of the order is due to actions or inactions of state and private authorities or due to reasons specified in chapter XI. of these General Terms and Conditions.

10.3.If the CONTRACTING ENTITY does not pay the cost of the order up to 2 weeks after the deadline in the order receipt, they shall owe the CONTRACTOR defaults at the amount of 1% of the amount due for each overdue day but no more than 20% of the amount due for the service.

10.4.The CONTRACTING ENTITY shall be considered a debtor without the CONTRACTOR sending them a notification or an invitation.

XI.FINAL REGULATIONS

11.1.The CONTRACTOR shall not be liable for damages inflicted on the CONTRACTING ENTITY or on third parties for non-completion or delay of orders as a result of force majeure circumstances, such as earthquake, war, catastrophe, embargo, storm, fire, inundation, acts of state and administrative authorities, strikes, etc.

11.2.The General Terms and Conditions, as well as their amendments, become effective as of the moment of their publication on the CONTRACTOR’s website.

11.3.In case of disputes or unsettled matters in these General Terms and Conditions or in the Award Contract, the regulations of the effective Bulgarian legislation shall be applied.