Terms and definitions:
Translation Agency – OÜ Printfield (under the brand of “Premium Tõlkebüroo”)
Purchaser – physical or legal person who purchases translation service
Work – translated and, if needed, also designed texts, documents and other materials
Workscope – number of characters (including spaces) in the translated text
Payment – cost of Work which is calculated in accordance to the Workscope
1. Submission and confirmation of order
1.1. The Purchaser orders translation service by submitting materials to be translated either on paper or in electronic form to the Translation Agency, thereby notifying the Translation Agency about his wishes regarding the deadline and the target language.
1.2. The Translation Agency confirms the receipt of the order, calculates the Workscope based on the materials submitted, the required time for the performance and the approximate price. The according data will be forwarded to the Purchaser by e-mail.
1.3 A representative of the Purchaser who submits the order in the name of the Purchaser shall give evidence that he is fully authorised to represent the Purchaser, and also that he comprehends the responsibility and the legal consequences that are involved with the submission of the order.
1.4. After the Translation Agency has received confirmation from the Purchaser regarding the Workscope, the deadline and the payment, the Translation Agency will start with the fulfilment of the order.
1.5. In case that the Purchaser provides the Translation Agency with a new order and the Translation Agency accepts its performance without the conclusion of a new customer contract, it is assumed that the conditions agreed upon in the previous customer contract shall apply for both parties, except for the calculation of the Payment, which shall be done on the basis of the Translation Agency’s rates applicable at the time of the submission of the Work.
2. Rights and obligations
2.1 The Purchaser is obliged to timely and correctly provide information on all circumstances that are related to the Work to be done on the basis of the given contract.
2.2. The Translation Agency has the right to stop the performance of the Work, if the Purchaser has not removed a circumstance which depends on the Purchaser and prevents the Translation Agency from performing the Work or does not cooperate with the Translation Agency, if this is necessary for the completion of the Work and the Translation Agency has previously informed the Purchaser in written form about its intention to stop the performance of the Work.
2.3 In the case described in clause 2.2 the Translation Agency has the right to submit to the Purchaser a claim of contractual penalty amounting to 30 % of the payment for the Work.
2.4. The Translation Agency is obliged to perform the Work in good quality and in due time, i.e. in accordance to the requirements applicable and to good business practice.
2.5. The Translation Agency is obliged to inform the representative of the Purchaser about any circumstances that may jeopardise the timely completion and the quality of the Work.
2.6. During the performance of the Work and after the termination of the given contract the Translation Agency is bound to secrecy with regards to any facts that have become known to it in the course of the performance of the Work and regarding which the Purchaser has a justified interest in their secrecy. The Translation Agency is obliged to process personal data under the conditions and for the purposes provided by the data privacy act.
2.6. The Purchaser is obliged to pay for the services rendered to him in the amount provided on the invoice and in due time.
3. Payment for Work
3.1. Workscope and Payment are calculated on the basis of the finished translation, whereas 1800 characters including spaces are considered to be one full standard page. The final payment results from the Scope of the translated Work.
3.2. If the finished translation has less than 900 characters including spaces, then the Payment for it will be that for half a page.
3.3. The Purchaser is obliged to pay for the performed Work, after it has been completed and was received by the Purchaser. The Payment for the Work is based on the order and the Translation Agency’s invoice in which the provided service, the Workscope and the amount of Payment are shown.
3.4 Upon delay of payment the Translation Agency has the right to charge default interest amounting to 0.5% per day on the unpaid sum.
4. Delivery and receipt of Work
4.1. The Purchaser shall receive the Work, after it has been finished; the Translation Agency shall submit an invoice for the Work done.
4.2. If possible, the finished Work shall be delivered to the Purchaser electronically to the e-mail address provided in the Purchaser’s order. In this case the Work shall be considered as delivered within three working days after the date when the Translation Agency has sent out the e-mail with the according content.
4.2. If the Work is not in accordance with the contract, the Purchaser must submit a written declaration which allows for reproduction and contains a description of the non-conformance within 5 calendar days after the delivery of the Work.
5. Intellectual property
5.1 The intellectual property of the finished Work (copyright, incl. property rights of the authors) belongs to the Translation Agency until the Work has been paid for completely, and the publication of such Work is not permitted without written approval by the Translation Agency.
6. Final provisions
6.1. Regarding the conclusion and the fulfilment of this contract the Parties act on the basis of the legislation of the Republic of Estonia.
6.2. Disputes that may occur from this contract shall be resolved by the Parties primarily in an extrajudicial way. Should this not be possible and the Purchaser should continue with the violation of the contract, then the dispute shall be resolved at the Harju District Court or at the Tallinn Arbitral Court (non-profit organisation ”Tallinna Vahekohus”, registry code 80330823, www.tallinnavahekohus.ee, hereinafter: Arbitral Court).
6.3. If legal proceedings have been started at the District Court, it is not possible to also refer to the Arbitral Court for the resolution of the same matter. If legal proceedings have been started at the Arbitral Court, it is not possible to also refer to the District Court for the resolution of the same matter.