By accepting this quotation, the customer is entering into a contract with Celer Pawlowsky SL, CPSL Documentation & Tools, or CPSL USA Corporation and/or the CPSL Group company which is specified in the quotation, and the contract shall, in any case, be governed by the following terms and conditions:
1. SCOPE OF THESE TERMS
These Terms and Conditions of Service apply to all agreements and contracts signed by any of the companies belonging to the CPSL Group, with their customers, in the context of their business activity and the services they provide.
Any other term applied to such contracts shall require express acceptance in writing from CPSL.
These Terms and Conditions of Service apply to the services offered by CPSL. There may however be cases where some additional specific terms and conditions apply to some services, depending on the nature of those services.
SPECIFIC TERMS AND CONDITIONS OF SERVICE FOR INTERPRETING SERVICES
Interpreting services are governed by their own specific Terms and Conditions of Service for Interpreting Services, for the provision and acceptance of quotations and quotation validity periods. They are also governed by their own specific cancellation policy and payment policy for other costs associated with the service, in accordance with the following:
- Where an interpreting session lasts a full day, the customer will provide the interpreters with lunch, free of charge.
- Wherever possible, local interpreters will be hired. Depending on the availability of local interpreters, accommodation, travel, and subsistence expenses may be incurred. Such expenses will be borne by the customer.
- In order to ensure the quality of the interpreting services, the customer will not employ any third party in addition to the team of interpreters provided by CPSL, without the express consent of CPSL.
- If a recording of interpreting services is made, the recording shall be used exclusively for internal purposes, and the customer must always obtain express written consent from the interpreter or team of interpreters. Such recordings may incur additional charges, which will be agreed specifically in the relevant agreement, contract, quotation, or purchase order.
- As far as possible, the customer should provide reference materials, speeches, presentations, and other relevant material at least 1 week before the interpreting session.
- If videos or films are played, and their content needs to be interpreted during the interpreting sessions, the customer must provide the script in good time.
- No rooms, technical equipment, or other agreed materials will be booked, nor will interpreters be booked, until the quotation has been accepted by the customer in writing.
- CPSL is not responsible for any delays or inconvenience that may occur for any reason over which CPSL has no direct influence.
- Services are provided to the customer by interpreters with whom CPSL Group companies have signed contracts or agreements. CPSL retains the exclusive right to decide which interpreter will be assigned to provide any given Service and may also, at its sole discretion, replace the interpreter in accordance with its internal organisational and service needs.
The customer is strictly prohibited from directly or indirectly contracting the Services covered by this contract with any CPSL interpreter on a private basis; the same applies in general to all other services offered by CPSL, even if they are not strictly covered by this contract.
Compliance with this obligation is essential and necessary for CPSL to protect its business. Therefore, any breach of this clause by the Customer shall give rise to the obligation to pay compensation for damages, with no option of leniency. Damages will be calculated at 10% of total sales to the customer up to the date of non-compliance with this clause, with a minimum value of € 5,000 (five thousand euros) or the equivalent amount in the customary currency used by the client to pay its invoices; payment of this compensation shall not release the Customer from its obligation to comply with this clause, which CPSL has the right to require.
Acceptance of the quotation by the customer must be confirmed in writing under all circumstances.
Verbal quotations or estimates for guideline purposes are not binding and are subject to written confirmation being issued once the originals have been received, and the relevant firm quotation has been drawn up.
Written quotations remain valid for 15 days.
All projects are controlled under strict confidentiality rules. At the customer’s request, specific confidentiality agreements may be executed.
All amounts indicated in the quotation correspond to the services set forth therein. Any subsequent modification to these services will lead to a review of the initial quotation and the preparation of a new one if so required.
All ancillary expenses that are demonstrably connected with the performance of the work, as well as courier expenses, shall be for the account of the customer.
All prices quoted are exclusive of VAT and any other applicable taxes.
6. SERVICE PURPOSE
The customer must clearly and expressly state the purpose for which they intend to use the content of the service provided under this agreement. If this is not stated, the content will be assumed to be solely for the information of the customer.
The customer must state whether the content is intended to be a definitive document for
- bids and tenders
- patents and other legal purposes
- printing or publishing
- electronic publishing, or
- other purposes to be indicated.
If the content of the service provided under this agreement is subsequently used for a purpose other than that stated by the customer when accepting the quotation, confirmation must be sought from CPSL that the material delivered is suitable for its new purpose. Otherwise no claims or liability whatsoever shall be accepted. CPSL reserves the right to rework and adapt previously delivered content, if necessary, and to charge an appropriate fee for this.
7. DELIVERY OF THE WORK
The output from the service provided, or the provision of the service itself, will be delivered in accordance with the terms and conditions agreed in the quotation.
CPSL does not accept any liability for any delay in delivery arising as a result of overloads on the lines or servers, problems with the post office system, or any other causes over which CPSL has no direct control.
8. CANCELLATION POLICY
Should the customer wish for any reason to cancel an assignment after confirming it, the customer will be charged for the amount of work already done, at the rates applying to that work.
The cancellation policy for interpreting services is governed by the following conditions:
If the project is cancelled before it is carried out, the customer will, in any event, be bound to pay any expenses incurred up to the date on which the project is cancelled (e.g. flights, hotel reservations, booking fees for technical equipment, etc.), and the fees for the interpreters and technical equipment in accordance with the following scale:
More than 30 days in advance: free of charge
Between 30 and 15 days in advance: 50% of the total
Less than 15 days in advance: 100% of the total.
9. ISO 9001 QUALITY SYSTEM
In compliance with the procedures set forth for our quality system, if the final quality of the product delivered is not as agreed, CPSL has a “Customer claims” management system. In order to initiate an action of this kind, the customer must first contact the project manager assigned within a maximum deadline of 30 calendar days from the date of project delivery by CPSL. Once this period had elapsed, CPSL shall be given to understand that the product has been accepted.
If the claim cannot be resolved through mutual agreement, and if the customer decides unilaterally not to make payment of the services rendered, the customer will not be able to use the product delivered by CPSL. If the customer does make use of it, CPSL hereby reserves the right to initiate a legal claim in accordance with the provisions laid down in law.
Customers must report any dissatisfaction with interpreting services immediately.
All payments are net and are to be paid in accordance with the provisions set forth in the quotation or in the corresponding framework contract, plus applicable taxes.
Without prejudice to other rights, CPSL may apply the interest rate in force to all invoices not paid by their due and payable date.
The CUSTOMER is always liable to CPSL for payment of the price, even in the event that the assignment was performed on behalf of a third party.
The transfer costs that may stem from payment of the invoices or extraordinary costs generated through return/non-payment of these shall be fully payable by the customer.
In the event of any error or omission in the service provided, CPSL shall be entitled to choose either to redo the work or to refund the customer the fees paid for that service, providing that such fees were paid in accordance with our Terms and Conditions of Service laid out here.
In the case of translations to be used for subsequent publication/printing, no claim or liability of whatsoever kind shall be accepted if the purpose of the translation was not specified at the time of the order and if the final version of the originals is not forwarded to CPSL for revision.
Under no circumstances shall CPSL be liable for any errors that may occur on printing projects that have been directly assigned by the customer.
12. LEGAL GUARANTEE
The customer hereby guarantees that the content and format of the service provided under this agreement do not in any way infringe copyright or other rights stemming from intellectual and industrial property and that CPSL shall not be held liable for any claim from third parties.
13. APPLICABLE LEGISLATION
All aspects of the relationship between the customer and CPSL are governed by the laws applicable in the country in which the CPSL Group company, with which the customer has signed the agreement, contract quotation, or purchase order, is registered.
For Celer Pawlowsky SL, the Agreement shall be subject to Spanish law and the jurisdiction of the courts of the city of Barcelona.
For CPSL Documentation & Tools, the Agreement shall be subject to German law and the jurisdiction of the courts of the city of Stuttgart.
For CPSL USA Corporation, the Agreement shall be subject to United States law and the jurisdiction of the courts of the State of Massachusetts.