Clients (the "Client") have received an (electronic) copy of these Terms and Conditions, which are deemed accepted by the Client as an integral part of the agreement concluded between the parties.
Translated By Us ApS, VAT no.: 37407887, ("TBU") encourages the Client to read the terms and conditions carefully
1 Contractual basis
The following terms and conditions apply to any of TBU's deliveries of services and products, especially in the form of translations (hereinafter referred to as a "Translation" or "the Translation"), unless the terms and conditions have been specifically derogated from by express written agreement between the Client and TBU (collectively referred to as "the Parties").
As quality, service and quick turnaround times are paramount, TBU is free to decide which of TBU's employees, business partners or subcontractors will carry out the Translation.
The Client accepts that communication via email constitutes written documentation and that, for example, acceptance of quotations and invoices sent by email to the email address provided by the Client shall be deemed to have been delivered when sent.
2 Entering into an agreement
An agreement for the delivery of a Translation can start as follows:
- The Client orders a Translation by using the "Order Translation" function on TBU's website, https://translatedbyus.com (hereinafter referred to as "the Website").
- The Client uses the "Request a Quote" function on the Website or by contacting TBU in any other way.
- The Client has a regular collaboration with TBU, where the Client sends material for translation on an ongoing basis.
An agreement between the Client and TBU shall be deemed to have been concluded when:
Re 1) The Client receives an email confirmation from TBU about the Translation ordered.
Re 2) There is a written quotation from TBU to the Client for the Translation to be provided by TBU, including price, and the Client has accepted this.
Re 3) The Client receives an email confirmation from TBU confirming receipt of the order. Typically, the confirmation will contain a price for the Translation, but the agreement is concluded without price information.
A quotation according to 2) expires after 30 days, so it must be accepted before then. If it cannot be accepted within 30 days, the Client must contact TBU and request an extension of the quotation.
TBU is also happy to provide the Client with reports on the work performed by TBU, etc. TBU's assistance in this respect is invoiced on a time spent basis. Contact TBU to agree specifics.
3 Right of cancellation
Once the agreement is finalised, TBU will start work on the Translation. TBU therefore does not offer a right of cancellation.
TBU shall be entitled to payment of the fee for the Translation as set out in the quotation/order confirmation, regardless of whether or not the Client terminates the agreement. In such a case, the Client shall receive the completed part of the Translation, if such exists.
4 Matching of expectations and
introduction to the task
TBU performs the task professionally and competently and therefore also provides the Client with the best possible service, including in terms of communication.
The Client accepts that a document may be translated in many different ways, all of which may be correct, but may not necessarily match what the Client expected or desired. For this reason, it is important to complete an introduction and a matching of expectations prior to starting the Translation.
When the Client submits the assignment to TBU, the Client shall provide an introduction to the assignment, preferably with information about special requests or requirements for, for example, word choice, phrasing, context or specifications of a technical nature regarding the format in which the Translation is to be delivered.
TBU endeavours to provide the best service and to meet the Client's wishes and requirements, but these must naturally be communicated to TBU prior to TBU starting the translation so that TBU can deliver the agreed Translation to the Client on time and without additional work. If the Client's wishes and requirements lead to additional work, TBU shall be entitled to demand payment for such additional work.
5 Objections and remediation
Any objections by the Client to the delivered Translation must be raised no later than 14 days after the date on which TBU delivered the Translation to the Client. After 14 days, the Translation shall be deemed to have been completed to the Client's satisfaction and the Client shall not be entitled to assert any claims against TBU or to withhold any part of the purchase price.
TBU always aims to deliver a high-quality translation that matches the Client's requirements. TBU must therefore be allowed to provide a remedy if a Client is unexpectedly dissatisfied with a Translation.
6 Prices, invoicing and payment
TBU provides indicative prices on the Website and specific prices in the quotation/order confirmation sent to the Client.
TBU's prices are exclusive of VAT, other taxes, fees or similar. TBU reserves the right to adjust prices with prior notice.
The Client will be invoiced at reasonable time intervals, typically monthly, or in most cases immediately after delivery of the Translation. The payment deadline is stated on the invoice and is alternatively agreed in the Client's cooperation agreement with TBU or the quotation from TBU to the Client.
If the Client has ordered the Translation by using the "Order Translation" function on the Website, payment will be charged to the payment card provided when placing the order, immediately after the order has been completed, whereby the Client pays in advance of delivery of the Translation.
7 Intellectual property rights
TBU endeavours to comply with applicable legislation, including intellectual property law. As TBU does not have access to verification of ownership of the intellectual property rights and copyrights (copyright) to material, the Client therefore assumes liability for ownership of the material that the Client sends to TBU for translation.
If TBU is faced with a claim of infringement of intellectual property rights relating to material sent from the Client to TBU, TBU shall be entitled to make a claim for damages against the Client in accordance with the general rules of Danish law.
The Client will of course be granted the necessary rights to use the Translation to the usual extent. Copyrights and other intellectual property rights to the Translation shall remain the property of TBU at all times. The Client may therefore not in any unauthorised manner pass on a completed Translation to other parties so that they are able to copy the Translation.
8 Responsibility on the part of TBU
TBU undertakes to deliver the Translation at the agreed time. However, TBU reserves the right to make reservations for illness, death and other sudden emergencies, force majeure or similar, which means that the persons who are to perform the Translation cannot deliver at the agreed time. TBU cannot be held liable for any consequences of delays in delivery.
Neither can TBU be held liable for extended delivery times as a result of problems with the material delivered on the part of the Client, including any problems with the receipt or decoding of a Translation sent via a digital solution such as email from TBU.
TBU shall be liable to the Client for the Translation in accordance with the general rules of Danish law, subject to the limitations set out in the agreement and these Terms and Conditions.
TBU shall not be liable for any loss attributable to the fact that the material etc. supplied by the Client is incorrect, inaccurate or incomplete.
TBU shall be liable for any direct loss resulting from errors in the Translation or otherwise negligent behaviour on the part of TBU. TBU cannot, however, be held liable for indirect losses and consequential damage, including printing and distribution costs, operating losses, loss of time, loss of profit, loss of data, loss of goodwill, loss of reputation, etc.
TBU's monetary liability is in any case limited to an amount corresponding to TBU's fee (excluding VAT) for the relevant Translation.
Furthermore, TBU cannot be held liable for the content of the Website, including references, links or other references to third-party websites, as this does not constitute specific advice of any kind.
Furthermore, TBU disclaims liability for problems and losses arising from circumstances beyond TBU's control. These include breakdowns or inaccessibility of the Website, power cuts or internet connection problems, vandalism to the system (both physical and computer viruses and hacking) or misuse of personal data.
9 Confidentiality
TBU believes that trust and confidentiality are essential for good cooperation. All information received from or about the Client shall be treated confidentially and in compliance with the duty of confidentiality and the general rules of Danish law on the processing of personal data. Reference is made in this regard to clause 10 of the Terms and Conditions. These obligations also apply to TBU's business partners and subcontractors.
Except in cases where TBU's disclosure of confidential information to its business partners and subcontractors is necessary for the performance of their work, TBU is not authorised to disclose such confidential information to third parties unless it is publicly available, or where TBU has obtained the information from a third party on a non-confidential basis, or where TBU is obliged to disclose the information under applicable legislation or by order of an authority or court.
10 GDPR – personal data
TBU collects, processes and stores general personal data about the Client, which may include civil registration number, when this is necessary to fulfil the agreement with the Client on the delivery of the agreed Translation, and in this connection provide the Client with a professional and quality service/experience. Furthermore, the purpose is to be able to invoice and secure payment of amounts due and ensure that TBU complies with legislation and legal obligations.
TBU collects personal data from the Client, the data subject and/or third parties, including public authorities. These include general personal data, including name, address, telephone number and email, as well as similar information about contact persons at the Client. TBU also collects identifiable information about the Client and/or the data subject, including civil registration number and photo ID, if such information is included in the material to be translated.
TBU does not disclose personal data to unauthorised parties, which means that TBU only discloses personal data to its business partners or subcontractors to the extent necessary to perform the agreed Translation, and only to third parties or public authorities if TBU has a legal obligation to do so.
The data shall only be stored when this is required by law or necessary to provide the agreed Translation, including for subsequent documentation requirements, hence the storage period will usually be five years from the end of the relevant financial year or five years from the termination of the business relationship between the Client and TBU. Please refer in this context to clause 12 of the Terms and Conditions.
TBU has put measures in place to protect all data recorded by TBU, including the Client's data and personal data as well as other confidential information. TBU will periodically review the effectiveness and compliance of the policies and security measures implemented.
The Client may always object to and restrict the processing of their data, which includes withdrawing their consent to processing. The Client may gain access to the information collected by TBU at any time, and the Client may have information that has been collected by TBU corrected or deleted. Enquiries relating to this can be directed to
info@translatebyus.com. This may mean, however, that TBU is unable to deliver the agreed Translation, which must therefore be considered a cancellation of the agreement, see clause 12.
Please also refer to the Privacy Policy on the Website.
The Client can read more about their rights in the Danish Data Protection Agency's guide on data subjects' rights, which is available here https://www.datatilsynet.dk/english. The Client has the right to lodge a complaint with the Danish Data Protection Agency if dissatisfied with the way in which TBU processes the Client's personal data. The contact details of the Danish Data Protection Agency can be found here https://www.datatilsynet.dk/english.
11 Storage of Client data
Material received from the Client, TBU's own paperwork and the Translation are stored in accordance with the Danish Accounting Act for five years from the end of the relevant financial year. If possible, the information is stored digitally.
Translations are provided to the Client on an ongoing basis, and the Client and TBU may agree on other items to be provided. TBU cannot be held liable for the Client's failure to store such products/materials.
12 Termination of the agreement
The Client and TBU may terminate the agreement in writing at any time, unless otherwise agreed.
In the event that the agreement is terminated after TBU has commenced the Translation, TBU shall be entitled to payment of the fee for the Translation as set out in the quotation/order confirmation.
In such a case, the Client will receive the completed part of the Translation, if such exists.
13 Differences of opinion
TBU always seeks dialogue with the Client. If differences of opinion arise, TBU is always open to finding a solution together. This also applies if the Client disagrees with, for example, a translation of certain words or the context of a translation.
If the Parties are unable to reach an amicable solution, any difference of opinion or dispute between the Parties regarding the understanding and scope of the agreement and these Terms and Conditions shall be settled by the Danish courts in accordance with Danish law.
The Copenhagen City Court shall be the legal venue for any dispute between the Parties.
14 Other provisions
TBU emphasises that all information on the Website and in all communication with the Client, including the quotation/order confirmation and these Terms and Conditions, is correct and true, but makes reservations for typographical errors, etc.
The Terms and Conditions apply from 1 July 2021.