Terms and Conditions

Article 1 – Applicability of the Terms and Conditions

1. The Terms and Conditions are applicable to all assignments that are undertaken by José Antonio BENITEZ for the Client, unless otherwise stated by an explicit written agreement.
2. The Terms and Conditions pertain to the execution of an assignment described in a separate written order. This order states the deadline, the content of the assignment and the payment terms (including amount, means and term).

Article 2 - Establishment of the agreement

The agreement is established upon José Antonio BENITEZ receive an E-mail with the mention “Agree With The Terms and Conditions”.

Article 3 - Modification, cancellation of the assignment

1. If the Client wishes to modify the assignment, José Antonio BENITEZ is entitled to refuse the changes or to adjust the deadline or the fee in proportion to the nature and the scope of the modifications.
2. If the assignment is cancelled by the Client, the Client owes payment for that part of the assignment that has already been done, as well as for 25% of the remaining part of the assignment. Cancellation of the assignment is only accepted after explicit written communication.

Article 4 - Liability

1. José Antonio BENITEZ is liable only for those damages that are the direct demonstrable result of a shortcoming for which José Antonio BENITEZ can be held accountable. José Antonio BENITEZ is not liable for any other form of damage such as consequential loss, loss due to delays or loss of profits. The liability is in any case limited to the amount billed for the assignment, exclusive of VAT.
2. José Antonio BENITEZ is not liable for inaccuracies or errors that are the result of the source materials provided by the Client.
3. José Antonio BENITEZ is not liable for erroneous interpretations of ambiguous sources insofar they were not clarified by the Client or can reasonably be deduced from the sources.
4. José Antonio BENITEZ is committed to ask the Client for information whenever this is necessary for the completion of the assignment. The Client is committed to provide this information, or else agrees to indemnify José Antonio BENITEZ against liability for that part of the assignment.
5. José Antonio BENITEZ is not liable for the loss or the delayed delivery by third parties of the source text or the finished text.
6. José Antonio BENITEZ is not liable for delay in the execution of the assignment when it is caused by circumstances beyond José Antonio BENITEZ's control or any kind of temporary inability to work. José Antonio BENITEZ is committed to communicating this delay to the Client promptly.

Article 5 - Complaints

1. De Client ought to address any complaints regarding the performed work in writing to José Antonio BENITEZ, with well-founded arguments (dictionaries, glossaries, etc.) in the target language of the assignment, within 20 working days of delivery.
2. If the complaints are found legitimate by José Antonio BENITEZ, José Antonio BENITEZ will correct the performed work as soon as possible to satisfy the wishes of the Client. If José Antonio BENITEZ cannot reasonably fulfill the expected improvements, José Antonio BENITEZ will grant a price reduction.
3. A complaint does not interrupt the payment terms.

Article 6 - Copyright

1. The Client ought to act in the capacity of the author of the text to be translated or edited and explicitly gives permission for translating or editing it. The Client protects José Antonio BENITEZ against claims from third parties for copyright infringement with regard to the execution of the assignment.
2. José Antonio BENITEZ retains the copyright on the work delivered within the scope of the assignment until the payment of the full amount due by the Client. José Antonio BENITEZ transfers the copyright to the Client upon settlement of the bill. José Antonio BENITEZ grants the permission to use the performed work after delivery until the due date of payment indicated on the order.

Article 7 - Confidentiality

José Antonio BENITEZ is committed to confidential treatment of all provided information regarding the assignment. José Antonio BENITEZ will not disclose any information to third parties, nor divulge the nature or the existence of the assignment to third parties.

Article 8 - Delivery date

If José Antonio BENITEZ cannot respect the date of delivery due to a miscalculation of the amount of work involved, José Antonio BENITEZ will inform the Client as early as possible. The Client can, in the above-mentioned case, cancel the agreement if s/he cannot settle for the proposed delivery date. In the event of a cancellation of the agreement, José Antonio BENITEZ will not be required to pay a compensation. If the Client wishes to receive the work in progress in case of cancellation, a new bill has to be drawn up for the finished part of the assignment, having the same terms of payment as the original order and to an amount that matches the work that has already been done.

Article 9 - Payment

The Client is committed to the payment of the sum indicated on the order, within the indicated date and by the indicated means. All transaction fees are to be paid by the Client. If without a serious reason the settlement did not take place on the due date, the balance will be increased by 12% with a minimum of 50 € and a maximum of 1,500 €.

In case of discrepancies between the french version and a translation of these Terms and Conditions, the French version takes precedence.