General terms and conditions Evina Copywriting

All our services are delivered in accordance with our general terms and conditions.

 

Article 1: General regulations, definitions and application

1.1. In the following General Terms and Conditions, Evina C&T is understood to mean: Evina Copywriting & Translations, located at Europalaan 18, 9880 Aalter, Belgium and registered at the Trade Registry of Ghent under number BE 0864 845 367.

1.2. Evina C&T considers its customer to be the natural, legal or private person entrusting the assignment to Evina C&T, unless that person explicitly indicated to be acting under the authority of, on behalf of and for the account of a third party and on condition that the name, address and company registration number of that third party were simultaneously communicated to Evina C&T.

1.3. The present General Terms and Conditions of Evina C&T, also stated on the website www.seo-copywriting-evina.be, are applicable to all quotations and all agreements between Evina C&T and the customer to which Evina C&T has declared these terms and conditions applicable, unless both parties have explicitly and in writing deviated from these terms and conditions.

1.4. The present General Terms and Conditions also apply to all agreements with Evina C&T regarding the execution of copywriting and translation assignments for which Evina C&T includes a third party.

1.5. Unless explicitly agreed upon otherwise and in writing allowed by Evina C&T, these General Terms and Conditions continue to have right of way over the General Terms and Conditions and working methods of the customer.

1.6. Under no circumstances will the nullity of one or more clauses in these General Terms and Conditions cause the nullity of other clauses. In case one or more clauses are nullified, Evina C&T and the customer will confer on new regulations in order to replace the nullified clause(s), complying with the goal and tenor of the original regulations.

 

Article 2: Quotations and entering into an agreement

2.1. For every request, Evina C&T will send a detailed offer or quotation by e-mail to the prospective customer. All Evina C&T offers and quotations are without engagement or obligation. The offers and quotations apply to the price request concerned and by no means do they automatically apply to future assignments. All prices are expressed in euros and are VAT (value-added tax) excluded.

2.2. Every quotation or offer is valid for thirty (30) days, starting from the quotation date. Evina C&T reserves the rights to partially or completely modify or cancel its quotation until the final and written acceptance of the assignment by Evina C&T. The information and the prices on the website are merely indications and do not apply as quotations and do not imply any engagement.

2.3. Copywriting and/or translation assignments must always be submitted in writing through e-mail, fax or regular mail. Orders over the phone must always be confirmed in writing by the customer within twenty-four (24) hours, on the condition that the following day is a working day. In case the customer fails to comply, the order will be seen as nonexistent.

2.4. The agreement regarding the realisation of the copywriting and/or translation assignment is established by the customer’s written acceptance of the quotation drafted by Evina C&T by e-mail, fax or regular mail or by the written acceptance of the e-mail with which Evina C&T has sent the quotation to the customer. The customer fills out his particulars on the quotation form and the general terms and conditions and signs both customers as correct.

2.5 When drawing up his own order form, the customer refers to the Evina C&T quotation. In that case, the Evina C&T quotation and its general terms and conditions must be filled out, signed and added to the customer’s order form.

2.6. Different prices combined in one quotation do not compel Evina C&T to deliver part of the assignment corresponding to a part of the quotation concerned.

2.7. Evina C&T reserves the right to rescind the drawn up quotation and the stated delivery dates after the customer’s acceptance of the quotation, in case Evina C&T was not given the entire text when drawing up the quotation.

2.8. Translations or copywriting with illegal or indecent content can be declined by Evina C&T, even after establishing the agreement.

2.9. By accepting the quotation and/or ordering a copywriting and/or translation assignment, the customer declares himself in agreement with the Evina C&T General Terms and Conditions.

 

Article 3: Modification and cancellation of assignments

3.1. Should the customer modify or cancel the copywriting and/or translation assignment after Evina C&T has accepted the assignment, as mentioned in article 2.4., Evina C&T reserves the right to change the agreed delivery dates and/or prices or decline the assignment. Should Evina C&T decide to decline the assignment, then the customer is obligated to pay the work that has already been executed.

3.2. Should the customer cancel or break the agreement after Evina C&T accepted it, as mentioned in article 2.4., then Evina C&T reserves the right to, should the assignment already have been started, draw up an invoice for the already executed work at a one hundred per cent rate (100%). The already executed work, the quality of which Evina C&T can no longer guarantee, is given to the customer. In case the assignment has not yet been started at the moment that the customer annuls the agreement, Evina C&T will claim damages for an amount equal to twenty-five per cent (25%) of the total sum on the quotation.

 

Article 4: The execution of the copywriting and/or translation assignment

4.1. Evina C&T commits itself to execute the copywriting and/or translation assignment, ordered by the customer, or to let the assignment be executed with proper professional knowledge and skill.

4.2. When executing the copywriting and/or translation assignment, Evina C&T takes into account the specific goal of the copywriting and/or translation elaborated by the customer. The text’s purpose must be provided by the customer while ordering the assignment, if not, Evina C&T will assume that the texts are for internal use. Should the customer have specific needs regarding the lay-out, then such information must be given when placing the order.

4.3. The customer commits himself to responding to possible questions and/or remarks by Evina C&T before as well as during the realisation of the copywriting and/or translation assignment in a timely manner.

4.4. The source texts, key to a good execution of the copywriting and/or translations assignment must be provided by the customer at his own expenses and risks and in a clearly legible form, delivered to Evina C&T through e-mail, fax or regular mail.

4.5. All words, expressions and dictionary approved spellings are considered correct for every copywriting and/or translation assignment. We always use the new preferred spelling for French texts. Should the customer prefer specific terminology or jargon, then he will provide Evina C&C with the necessary information, documentation and/or terminology lists before starting the assignment. In case the texts include specific abbreviations typical of internal use, the customer must provide their meanings in order to execute the assignment well. If documentation, references, instructions or specific terminology lists are unavailable, jargon will be translated into standard and generally accepted dictionary terms.

4.6. Expenses for delivering the finished assignment to the customer are completely to the account of Evina C&T as long as it can be sent by e-mail, fax or regular mail.

 

Article 5: Confidentiality and privacy policy

5.1. Evina C&T commits itself to treat all information given by the customer before, during and after ordering the copywriting and/or translation assignment strictly confidentially.

5.2. Evina C&T translators are also committed to confidentiality and privacy. However, Evina C&T is not liable for any confidentiality violations by its freelancers, should Evina C&T be able to prove that this violation could not be prevented.

5.3. Unless explicitly and in writing otherwise agreed upon, Evina C&T reserves the right, when deemed advisable or essential, to have an assignment executed fully or partly by a third party freelancer without a preceding agreement in writing by the customer. These freelance translators are carefully selected by Evina C&T and have proven their skills extensively.

5.4. Evina C&T commits itself to store all digital files regarding all assignments (source texts, documentation, source information, translations and any type of document or information related to the written or translated text) on its servers during a period of ten (10) years. Thereafter, Evina C&T reserves the right to delete these digital files.

5.5. Evina C&T observes the law on the protection of personal data. Personal data are never transferred to third parties without the customer’s written permission. All personal data, acquired during the quotation application and the establishment of the agreement, will only be used for communication with Evina C&T and to establish the agreement. The customer reserves the rights to review, modify or delete his personal data at all times.

 

Article 6: Transfer of intellectual property rights

6.1. Evina C&T retains all intellectual rights of all copywriting and/or translation assignments until it receives the full invoice sum for the texts concerned. After receiving the payment for the delivered work, the customer is the unconditional owner of the texts concerned.

6.2. Should the customer desire to transfer the copywriting and/or translation assignments to a third party, article 6.1. remains valid without exception. In this case, the customer must respect this regulation and will only transfer the intellectual rights to the third party after paying all invoices concerned.

6.3. After paying the invoice concerning the copywriting and/or translation assignments, the customer no longer owes any compensation for reusing the texts through any kind of medium or for transferring the texts concerned to third parties.

6.4. After transferring the intellectual rights, the customer commits himself to safeguard Evina C&T against claims of both the customer and third parties regarding alleged violations concerning copyright, right of ownership or other intellectual rights of ownership in connection with the copywriting and/or translation assignment.

 

Article 7: Term of delivery

7.1. Unless explicitly and in writing otherwise agreed upon, Evina C&T need not adhere to the terms of delivery and execution requested by the customer. Evina C&T will, however, try everything possible to respect the customer’s requested term of delivery.

7.2. If the customer does not have a desired term of delivery, Evina C&T reserves the right to determine a reasonable term of delivery.

7.3. The agreed term of delivery is a target date. Evina C&T will do everything in its power to meet the term of delivery. However, should Evina C&T notice that the assignment is delayed or cannot be delivered within the term of delivery (e.g. in case of force majeure), Evina C&T will inform the customer immediately.

7.4. Should the agreed term of delivery be exceeded by at least three (3) working days, being seventy two (72) hours, the customer reserves the right to annul the ordered copywriting and/or translation assignment. In this case, this decision must be communicated to Evina C&T explicitly and in writing through e-mail, fax or regular mail. Under no circumstances can the customer claim damages. The possible work already performed by  Evina C&T will be invoiced and put at the customer’s disposal.

7.5. Evina C&T usually delivers the copywriting and translation assignment by e-mail. The delivery is considered done after Evina C&T has sent the executed assignment by e-mail.

7.6. Conversely, the customer is obliged to do everything in his power to make Evina C&T’s timely delivery possible.

 

Article 8: Prices, surcharges and payment

8.1. All Evina C&T prices mentioned are in euros and VAT excluded, unless otherwise stated explicitly and in writing. The prices that Evina C&T stated for the execution of the assignment, only apply to the assignment in accordance with the agreed specifications.

8.2. Unless explicitly and in writing otherwise agreed upon, prices for translation assignments usually are based on a Evina C&T standard rate per line of 55 touches, calculated for the target texts and estimated on the source text. The touch count of both the source text and the target text is done electronically.

8.3. Unless explicitly and in writing otherwise agreed upon, all copywriting assignments are usually executed by direct labour, based on a standard Evina C&T hourly rate.

8.4. Unless explicitly and in writing otherwise agreed upon, Evina C&T demands a thirty per cent (30%) advance for every assignment with a value of more than 500 euros (VAT excluded) on the day that Evina C&T accepts the assignment. Should the customer fail to pay this advance, Evina C&T reserves the right to repudiate the contract by right and without notice and the customer must pay damages to Evina C&T for suffered losses.

8.5. Apart from the standard rates for translation assignments, Evina C&T also uses certain surcharges. All prices for translation assignments apply to a maximum of twelve thousand (12.000) touches per working day. Weekends and public holidays are not seen as working days. Work during weekends or public holidays give Evina C&T the right to raise prices, as well as an exceeding day count of twelve thousand (12.000) touches.

8.6. Evina C&T also reserves the right to employ surcharges should the customer deliver unclear or unfinished documents or data files which cause more work or costs for Evina C&T than previously estimated when establishing the agreement.

8.7. The lists in article 8, paragraphs 5 and 6 are not exhaustive.

8.8. Evina C&T may offer a monthly invoice for regular and loyal customers who pay their invoice on time.

8.9. Evina C&T can draw up monthly invoices for the already delivered work on assignments taking more than 30 days. In this case, the advance already paid by the customer will be subtracted from the final balance invoice.

8.10. Unless explicitly and in writing otherwise agreed upon, the customer must pay the invoice sum in the currency stated on the invoice, i.e. in euros, within fourteen (14) days counting from the invoice date. The customer must transfer the amount to the bank account mentioned on the invoice. The assignment will be closed and the intellectual rights will be transferred once the customer has paid the full invoice amount to Evina C&T.

8.11. Should the customer fail to pay the invoice when due, Evina C&T reserves the right to charge interests on arrears by right and without prior notice in accordance with the Belgian Law on combating late payment in commercial transactions. The interests on arrears are calculated at one per cent (1%) per month based on the invoice balance, calculated per started month and from the invoice’s expiry date until the full amount of the invoice is paid. Evina C&T reserves the right to raise these interests with a compensation payment for all administrative costs and collection charges caused by the late payment. These damages amount to ten per cent (10%) of the amount the customer has yet to pay with a minimum of 150 euros. In case of late payments, the customer firstly pays all administrative costs, secondly the interests on arrears and lastly the total amount on the invoice.

8.12. All non-legal collection costs of a debt-collection agency made and appointed by Evina C&T will be calculated in accordance with the Belgian Law, with a minimum of one hundred and fifty (150) euros in administrative expenses, added with the actual collection costs. Without prejudice, all these costs will be recovered from the customer by Evina C&T. In case of such a situation, the customer firstly pays the administrative expenses, secondly the interests on arrears and lastly the full amount on the invoice.

8.13. Should the customer fail to pay the invoice when due, Evina C&T reserves the right to, by right and without prior notice, suspend all current copywriting and/or translation assignments until all costs are paid, i.e. the sum total and additional costs.

 

Article 9: Complaints

9.1. Should the customer have a complaint about a copywriting and/or translation assignment executed by Evina C&T, he must express his motivated complaint in writing to Evina C&T within five (5) working days starting from the term of delivery, with a detailed report of the complaint’s nature. If the period of five (5) working days has passed, the assignment will be considered accepted and approved.

9.2. Under no circumstances does filing a complaint relieve the customer from his obligation to pay. When Evina C&T receives a complaint, the customer cannot interpret this as a sign that Evina deems the complaint valid or its filing timely.

9.3. Should the customer’s complaint be founded and formulated within the set time frame, as mentioned in paragraph 9.1., Evina C&T commits itself, without any damages and within a limited period, to analyse, modify and/or correct the delivered work. Should Evina C&T be unable to meet the customer’s wishes regarding the modifications and/or corrections of the delivered work, Evina C&T will allow a discount on the invoice price, without any damages for the customer.

9.4. The customers’ right for filing a complaint expires if he or a third party modified the delivered work or if he already put it into use, published it or transferred it to a third party, within the period in which he can file the complaint.

 

Article 10: Liability

10.1. Evina C&T is only liable for damage which is the direct and patent consequence of an imputable error by Evina C&T. Evina C&T cannot be held responsible for any other damage, e.g. loss of profits, delay damage and lost profit. In any event, Evina C&T’s liability is limited to the invoice sum, VAT excluded, of the concerning copywriting and/or translation assignment Evina C&T has charged the customer for.

10.2. Evina C&T is not liable for damage caused by using information technology and modern means of communication, e.g. e-mail, internet, fax, etc.

10.3. Evina C&T is not liable for late deliveries caused by strikes, internal company malfunction, force majeure as described in article 11, network or server failures or digital viruses which Evina C&T cannot control.

10.4. When delivering the copywriting and/or translation assignment digitally, as described in article 7.5., Evina C&T cannot be held liable for damage or problems caused by malware, e.g. computer viruses, computer worms, Trojan horses, etc. If the customer’s software is damaged by using Evina C&T’s processed files, Evina C&T is only liable in case it was by design or gross negligence.

10.5. Evina C&T can never be held liable for faulty, illegible, poor state or unusable state of the given data, storage device, the format and/or software.

10.6. Evina C&T cannot be held liable for complaints about style, layout, font size, font, presentation, quality or format of the storage device, software, etc.

10.7. Evina C& cannot be held liable for the content, incorrectness, vagueness or possible unambiguous phrases in the customer’s texts that need translating, the customer’s source documentation used for copywriting or for possible damage caused by using these texts. Evina C&T reserves the right to decline the copywriting and/or translation assignment, or to one-sidedly refuse it in case it is deemed illegal, libellous or insulting by Evina C&T.

10.8. Evina C&T cannot be held liable in any case for plagiarism when the customer sends his assignment to Evina C&T that include texts that could be an infringement of copyright, with the intended purpose of having them translated by Evina C&T or having them used for copywriting of the customer’s texts.

10.9. Evina C&T cannot be held liable for damage resulting from loss, destruction of or damage to files, brochures, papers or other data storage devices, e.g. usbs or DVDs, which the customer has put at Evina C&T’s disposal for procuring a well executed copywriting and/or translation assignment. Its shipment is always at the customer’s own risk and account.

10.10. Evina C&T cannot be held liable for errors of any kind in copywriting and/or the translation resulting from vagueness when submitting the assignment, illegible, faulty or incomplete texts or reference material or missing, faulty or incorrect terminology given by the customer, if Evina C&T has used the faulty or incomplete data for its assignments, even when the data were given in good faith.

10.11. Evina C&T cannot be held liable in any case for errors in the copywriting and/or translation, resulting from working under the customer's pressure. If this means e.g. that there has not been any text revision, the customer cannot appeal to Evina C&T’s commitment to quality.

10.12. It's the customer's responsibility to check legal, technical or other translations including numbers, formulas, addresses, specific terminology and other data in the target text once he  receives the translated and/or written texts. If necessary, he may have to correct or edit the translated and/or written documents before having them published internally in the company or externally. The responsibility and the risk of the delivered copywriting and/or translation is the customer's.

10.13. In the abovementioned case, Evina C&T cannot be held liable for trivial errors in its delivered copywriting and/or translation.

10.14. The customer commits himself to safeguard Evina C&T against claims of third parties, as a result of using the delivered copywriting and/or translation assignment and as far as Evina C&T’s liability goes as mentioned in this article.

 

Article 11: Force majeure

11.1. Next to what the law and the jurisprudence understand by force majeure, is also considered to be force majeure in these General Terms and Conditions: all foreseen or unforeseen circumstances over which Evina C&T has no control and may hinder Evina C&T’s obligations. In any case, yet not exhaustively, force majeure is comprised of: calamity, fire, flood, storm, accident, illness, epidemic, strike, riot, disturbance, blockade, war, terrorist attacks, government measures, transport blockades, the customer’s bankruptcy, service interference of internet providers, supplier negligence, etc.

11.2. In case of force majeure, all obligations for Evina C&T are suspended. Should the force majeure period take longer than two months, then both parties – Evina C&T as well as the customer - are allowed to end the assignment one-sidedly by right, without any damages to any of both parties.

11.3. Should Evina C&T have met a part of its obligations at the start of the force majeure period, or should Evina C&T only be able to meet part of its obligations, Evina C&T reserves the right to draw up a separate invoice which the customer must pay as if it were a separate agreement.

 

Article 12: Dispute regulations and legislation

12.1. Compliance with these General Terms and Conditions when establishing an agreement between Evina C&T and the customer is exclusively subordinate to the Belgian legislation.

12.2. Any dispute regarding these General Terms and Conditions will be under the jurisdiction of the Court of Ghent, under which Evina C&T’s head office is registered.

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