These general conditions define the respective obligations of the contractual parties in the context of the provision of services by Tradivarius S.P.R.L. The following conditions and agreements, as well as any modifications agreed in writing, will apply to the services provided in favour of the customer and/or the instructing party.
These general conditions supersede and cancel all other general conditions or agreements, whether oral or written, concluded subsequently or previously. They take precedence over the customer’s general conditions, even if they specify that they are the only valid ones. The primacy and exclusivity of these general conditions constitute an essential element of the contract.
All quotations and offers from Tradivarius S.P.R.L. are purely informative in nature and do not bind Tradivarius S.P.R.L. until it has confirmed the acceptance of the offer by the customer. Offers and quotations for interpretation assignments are valid as long as Tradivarius S.P.R.L. has the necessary interpreters and/or equipment. In any case, offers and quotations from Tradivarius S.P.R.L., both for interpretation assignments and for written assignments, are only valid for a maximum of one month.
An agreement is only finalised once the customer accepts the offer from Tradivarius S.P.R.L. (either by returning the signed quotation indicating agreement, or by return email) and Tradivarius S.P.R.L. confirms that the customer’s order can be fulfilled. The acceptance of Tradivarius S.P.R.L.’s offer by the customer entails the express acceptance of the general and special conditions of Tradivarius S.P.R.L.
Prices are denominated in euros excluding VAT and invoices are payable in full within 30 days of the invoice date.
For written translations, the basic prices may be increased according to the format of the documents to be processed, the specificity of the texts and the degree of urgency.
Administrative costs may be charged in the event of a request for correction of an invoice already issued. For interpretation assignments, the duration of a working day or half working day is defined in the quotation. The customer agrees to pay overtime (at the hourly rate provided in the quotation) if the programme is exceeded. In the absence of such a mention in the quotation, the hourly rate is €80 excluding VAT per interpreter and technician, per hour started. Surcharges may be applied if it turns out that the conditions announced beforehand by the customer differ from the actual working conditions.
The invoice amount must be paid by SEPA transfer to the account number mentioned on the invoice, no later than on the deadline mentioned on the invoice. Other payment methods must be expressly agreed in advance with Tradivarius. Any bank charges are payable by the customer.
The partial payment of the invoice amount does not constitute a dispute.
In the event of non-payment by the deadline mentioned on the invoice, late payment interest of 10% of the invoice amount per month commenced is due automatically and without prior formal notice, from the deadline, as well as a lump sum compensation of 10% of the invoice amount (with a minimum amount of €150), in addition to the administrative costs of €10. Late payment of the principal amount does not constitute payment of the above-mentioned additional costs.
In the event of non-payment, insolvency or bankruptcy on the part of the customer, all outstanding debts of the customer are immediately due, even debts arising from outstanding invoices. Where applicable, Tradivarius S.P.R.L. reserves the right to suspend ongoing and future services for an indefinite period, without prejudice to the right of Tradivarius S.P.R.L. to claim immediate payment for the suspended works and deliveries.
Interpretation assignments cancelled by the customer after acceptance and confirmation of the order are invoiced as follows :
In the event of unilateral cancellation of the translation order by the instructing party, compensation is due from the latter, the amount of which is proportional to the work already carried out, including prior terminology searches. This basis of calculation refers to the pricing examples proposed by the CBTI, which can be obtained at the head office of this association. In addition, Tradivarius S.P.R.L. is entitled to demand compensation for breach of contract equal to 20% of the amount of the invoice or bill of fees.
Complaints must be sent by registered letter to the registered office of Tradivarius S.P.R.L. no later than five working days after the provision of services. The lodging of a complaint will never result in the suspension of the customer’s payment obligation. If Tradivarius and the customer fail to reach an amicable settlement, the dispute will be referred to the arbitration committee of the Belgian Chamber of Translators and Interpreters. The opinion of the Arbitration Committee will be binding. Any resulting costs are payable by the customer. If the Committee finds in favour of Tradivarius S.P.R.L., it is entitled to compensation. If the fault lies with Tradivarius S.P.R.L., the liability of Tradivarius S.P.R.L. is limited as determined in point 6 of these general conditions.
Under no circumstances will Tradivarius be held liable for claims motivated by nuances of style or distinct terminological choices. Tradivarius waives all liability in the event of inconsistency or ambiguity of the source text, verification of the technical consistency of the final text being the sole responsibility of the customer.
If, for any reason, the customer or instructing party does not use the interpretation services of Tradivarius on the days and under the conditions mentioned in the contract/quotation, Tradivarius is entitled to collect the amount provided for in the cancellation clause of the contract/quotation and is entitled to reimbursement of any other expense incurred (transport costs or other) for the preparation of the services, from which any amount collected beforehand should be deducted.
If the contract could not be fulfilled partially or entirely because of extraordinary circumstances (including but not limited to: strike, demonstration, late arrival of aircraft or train, political instability, military action, exceptional traffic conditions, terrorist threat, bad weather conditions, pandemic, etc.), Tradivarius is still entitled to the remuneration provided for in the contract and to reimbursement of the costs incurred.
Interpretation services are assumed to have been provided at the end of the meeting, when interpreters and/or technicians leave the assignment location. The interpretation of films/videos is only possible if the interpreter has had the opportunity to prepare adequately (by studying the script and watching the film), if the flow of people in the video is not too fast and if the sound arrives directly in the interpreters’ headphones, without background music. Written services are considered to be provided as soon as Tradivarius S.P.R.L. sends the work ordered to the customer electronically or mails it on a physical medium.
The delivery deadlines communicated by Tradivarius S.P.R.L. are purely indicative and do not bind it in any way. Tradivarius S.P.R.L. is not responsible for any direct or indirect damage resulting from a delivery deadline that is not respected.
Tradivarius is responsible for the quality of the translation or revision, provided that it is used in its entirety and without modification. Tradivarius S.P.R.L. accepts no responsibility for translations or texts modified beyond its control and/or without its approval. In any event, the liability of Tradivarius is limited only to the amount of the invoice concerned.
Tradivarius S.P.R.L. is not responsible in case of non-delivery or late delivery of a service due to force majeure. Force majeure is understood to include: the absence of delivery or late delivery by a supplier of Tradivarius S.P.R.L., power outages, floods, strikes, hardship, limited or impossible access to the Internet or to the telecommunications network, attacks or threats of attack, and defective mobile equipment. Tradivarius S.P.R.L is not responsible for any direct or indirect damage resulting from incorrect instructions from the customer.
If, for any reason whatsoever, Tradivarius S.P.R.L is considered liable for any damage whatsoever, this liability is limited to the amount of the invoice, the quotation or, failing that, the expected amount of the invoice.
The customer agrees that Tradivarius S.P.R.L subcontracts the assignment, without prior consultation, to one or more third party service providers.
The theft, loss or damage of the delivered equipment, from the moment the equipment is sent to the customer or delivered to the place of work, until the equipment is returned to Tradivarius or to the third party service provider who owns the equipment, is entirely the responsibility of the customer.
When using a remote simultaneous interpretation (RSI) platform, the customer agrees that their event is dependent on the proper functioning of computer and Internet technologies and that Tradivarius cannot be held liable in the event of interruption or slowdown of the Internet service, a power outage or any other hazard independent of their control in their studio or at the home/office of their interpreters. Tradivarius offers a professional RSI platform, but cannot guarantee listening without acoustic shock suffered by participants/organisers. Tradivarius cannot control all the technical equipment used remotely by the participants. Moreover, even if Tradivarius takes all possible precautions to work in the most soundproofed environment possible, it cannot be held responsible for external noise disturbances related to the environment surrounding it (work on public roads, vehicle noise, etc.). In addition, the RSI platform offered by Tradivarius is owned by a third party. Tradivarius cannot be held liable for any loss of data following any breach or failure of the RSI platform. However, Tradivarius undertakes to offer, as far as possible and subject to customer acceptance, a platform complying with GDPR rules or to inform the customer of the risks. The customer will ensure that anyone who needs to speak at the event with RSI does so in a professional microphone and uses headphones to avoid feedback and provide sufficient sound quality for interpretation. The customer agrees that speaking in the built-in microphone of a computer is not sufficient to allow the interpreter to perform quality work. The RSI is implemented for direct and immediate use by the participants. No recording of the interpretation will be made by the participants in the event or by any other person without the prior consent of the interpreter. Any use of Tradivarius’ work for purposes other than those stipulated in the contract (such as recording for the writing of a report or for television, radio or Internet broadcasting) is subject to intellectual property law and requires the prior agreement of the interpreter as well as pre-determined remuneration.
The nullity of one or more provisions of these general conditions does not prejudice the validity of the other provisions.
Belgian law applies to all orders and services provided. In the event of litigation, exclusive jurisdiction is granted to the courts of the administrative district of Mons. Only the French version of these general conditions will be used for the interpretation of this document.