Terms & Conditions

Article 1

Introductory provisions

1. The General Business Terms and Conditions shall constitute the basis for all contracts entered into by the Client and the Contractor.

2. The Client and the Contractor shall enter into a contract based on an order in e-mail.

3. The Client and the Contractor shall enter into the contract even if the Client has accepted the Contractor’s proposal for changes to the conditions of the Order. In such case, the new conditions shall apply to the contract.

4. Changes to or the revocation of the accepted conditions of the contract shall be subject to the consent of both Contracting Parties.

Article 2

Subject of contract

The provision of services based on the Contractor’s core business activity shall constitute the subject of the contract, with emphasis on translation and interpreting services in line with the requirements of the Order (hereinafter referred to as: Work).

Article 3

Translation

1. General provisions

1.1. After having fulfilled the conditions stipulated in Article 1, the Contractor shall undertake to perform the Work according to the agreement and by taking the agreed language, deadline and manner of delivery into account.

1.2. By placing the Order, the Client shall undertake to accept the performed Work and pay the agreed price for it according to Article 5, item 2.

2. Delivery deadline

2.1. The Client must receive the performed Work by the deadline and in the manner specified in the Order.

2.2 The Client or its authorized employee must confirm the receipt of the performed Work immediately, which at the same time means that the Work was performed by the agreed deadline and delivered in the agreed manner.

2.3. If the Client fails to fulfil its obligation stipulated in item 2.2. of this Article and poses no questions regarding the Work within 24 hours following the delivery deadline, the Contractor shall assume the Client to have received the performed Work by the agreed deadline and in the agreed manner.

2.4. The delivery of the performed Work shall not be deemed too late if, at the Client’s request, the Contractor re-sends the performed Work and proves it has been sent before.

2.5. If a valid reason makes the delivery in the agreed manner impossible, the Contractor may choose another manner of delivery at the Client’s expense. The Client shall be informed of such situation in advance.

2.6. If the Client rejects the ordered and performed Work without valid reasons acknowledged by both Contracting Parties, the Work shall be deemed to have been performed and the Contractor may issue an invoice that the Client shall be obliged to pay.

3. Rights and obligations

3.1. The Client must inform the Contractor of the intended use of the performed Work.

3.2. If no information on the intended use of the performed Work is received by the Contractor, any complaints regarding the intended use shall be rejected. If the Work is intended to be published, the Order must explicitly specify that it concerns the translation of a text which is to be published.

3.3. If the text constituting the subject of the Order consists of particularly uncommon (technical or other) terms, abbreviations, etc., the Client must provide the Contractor with a list of suitable terminology or provide it with other reference materials or designate a responsible person who will be available for consulting on the specific terminology. If the Client fails to fulfil this obligation, any complaints regarding the terminology shall be rejected.

3.4. The Client must inform the Contractor of all circumstances that may substantially influence its solvency. The Client must inform the Contractor of all company decisions that may suggest its bankruptcy or winding-up.

3.5. The Contractor shall assume no responsibility for any breach of copyright.

3.6. The Contractor shall undertake to respect the confidential nature of all activities concerning the subject of the contract and to treat all materials provided by the Client as strictly confidential.

4. Complaints

4.1. The performed Work shall be deemed imperfect if it is not performed pursuant to the Order.

4.2. In addition, the performed Work shall be deemed imperfect if the quality of the grammar and style and the accuracy in terms of semantics are not at a satisfactory level.

4.3. In all other cases, the Work shall be deemed to have been performed pursuant to the requirements.

4.4. Complaints shall be accepted in writing only. The written complaint must give reasons for the complaint, describe the type of mistake and state the number of mistakes, if possible.

4.5. If the Client’s complaint proves to be justified, the Contractor shall correct the mistakes at its own expense. In such case, the Client shall be entitled to a discount on the performed service of up to 5%.

4.6. In case of a dispute between the Contracting Parties with regard to the claims submitted by the Client in time and concerning the responsibility for mistakes stipulated in item 4.2. of this Article, the Contracting Parties shall undertake to resolve the dispute outside the court, by way of an expert opinion given by an impartial arbitrator. The latter shall be chosen by mutual consent by both Parties from the list of sworn translators and interpreters of the relevant court.

4.7. Both the Contractor and the Client shall pay an equal amount for drawing up of the expert opinion which shall be given by an impartial arbitrator pursuant to the provisions of item 4.6. of this Article. The final settlement of costs for the opinion shall take into account the success of each Contracting Party in the complaint procedure.

4.8. The Contractor shall be liable for any damage that may occur due to the mistakes in the performed Work, up to the amount of the Work’s final price.

5. Time-limit for complaints

5.1. A claim based on the responsibility for mistakes shall be deemed invalid if it is filed after the time-limit for complaints has expired.

5.2. The Client must submit a claim to the Contractor immediately after discovering the mistake in the performed Work, but no later than within 30 days following the receipt of the performed Work.

5.3. The claims shall be deemed to have been filed too late if they are filed after the time-limit specified in item 5.2. of this Article has expired.

Article 4

Price

1. Unless otherwise agreed, the price shall be determined based on the valid pricelist of Contractor’s services and the price calculation procedure described in the pricelist.

2. All prices are showed in Dollar($) and converted in Dollar-denominated Bitcoin(BTC) price or Ethereum(ETH) price at the time of contract completion.

3. The pricelist of services provided by us is an essential, integral part of the General Business Terms and Conditions.

Article 5

Terms of payment

1. The Contractor may issue an invoice immediately after having completed the Work in line with the Order.

2. Payment for the Work shall be based on the invoice issued by the Contractor. The due date is stated in the invoice.

3. In case of a delay in payment, the Client must pay the Contractor default interest at the statutory rate for every day of delay.

4. The Contractor may issue an invoice to the Client for an advance payment that the Client must settle by the date specified on the invoice.

Article 6

Rescission and compensation

1. Any Contracting Party may rescind the Contract if, following the conclusion of the Contract, insuperable obstacles appear on its side preventing it from fulfilling its obligations.

2. The Contracting Party rescinding the Contract must inform the other Contracting Party thereof in e-mail.

3. If the Client rescinds the contract, they must pay the Contractor forfeit. The amount of forfeit is decided by Contractor depending on the situation.

4. The Contractor shall assume no responsibility for any loss incurred by the Client that may arise due to the rescission of the Contract and the consequential non-fulfilling of the obligations, provided that this was due to unforeseen and inevitable events that the Contractor could not have prevented.

5. If the text is to be published or distributed in any way, the Client must inform the Contractor thereof. If the Client does not require the Contractor to verify the texts to be published, the Client is not entitled to compensation if a mistake is discovered in the translated text.

Article 7

Specific provisions

1. The Client shall undertake not to contact the translator or manager without the Contractor’s express consent.

2. In case of contacting the translator or manager with the Contractor’s consent, the Client shall undertake not to discuss the matters concerning the terms of business regarding a certain Work.

3. In addition, the Client shall undertake to inform the Contractor of any change previously agreed on with the translator or manager.

4. If a violation of obligations pursuant to items 1., 2. and 3. of this Article is established, the Client must pay the Contractor the contract penalty of 3,000 $ for each case of violation, even if the Work has not been finished appropriately.

Article 8

Final provisions

1. Unless otherwise stipulated in these General Business Terms and Conditions, the legal relationship between the Contracting Parties shall be subject to the relevant legal provisions.

2. The text in the above mentioned General Business Terms and Conditions shall be binding on the Contracting Parties.

3. The above mentioned business conditions shall be considered the General Business Terms and Conditions of hakka's Japanese Translation & Management as of 1 April 2019.