General terms and conditions

Article 1. Definitions

In this Terms and Conditions is defined as:

- 'consumer': a counterparty who is a natural person and not acting in the exercise of a business or profession;
-'Translation work', 'Editing work', 'Proofreading work', 'Interpreting work', 'DTP work', '(SEO) Copywriting', 'Localisation work', 'Voice-over work', 'Transcription work'.

Article 2. Applicability of these conditions

This terms apply to every offer and every agreement between Ecrivus International, hereinafter referred to as 'Ecrivus', and a client, to which Ecrivus terms has declared applicable, to the extent of this terms has not been expressly deviated from in writing by the parties.

Article 3. Offers

3.1 The offers made by Ecrivus are without obligation.

3.2 The prices stated in an offer are exclusive of VAT unless otherwise indicated.

3.3 If the client agrees to a quotation offered by Ecrivus, either in writing or verbally, if Ecrivus finds during the preparation phase or start-up phase of the project that it cannot perform the quoted services due to unforeseen circumstances, including, but not limited to a quotation that is too low, a shortage of qualitatively competent suppliers for the relevant assignment, or because the previously agreed delivery period in the start-up phase proves to be unrealistic, Ecrivus remains entitled to agreement with immediate effect, whereby the client also indemnifies Ecrivus against any damage that the client may suffer as a result.

Article 4. Execution of the agreement

4.1 Ecrivus will agreement to the best of our knowledge and ability and in accordance with the requirements of good workmanship. Where possible, an attempt will be made to retain the original formatting or layout of the document to be translated.

4.2 If and to the extent that proper execution of the agreement If this is required, Ecrivus has the right to have certain work carried out by third parties.

4.3 The client ensures that all information that Ecrivus indicates is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, be provided to Ecrivus in a timely manner. If the for the implementation of the agreement necessary information has not been provided to Ecrivus in a timely manner, Ecrivus has the right to suspend the execution of the agreement to suspend and/or charge the client the additional costs resulting from the delay in accordance with the usual rates account to bring.

4.4 Ecrivus is not liable for damage of any kind whatsoever resulting from the fact that Ecrivus has relied on incorrect and/or incomplete data provided by the client, unless Ecrivus should have been aware of such incorrectness or incompleteness. In particular, Ecrivus shall not be liable for the loss of the original formatting or layout of the document to be translated, unless its preservation has been expressly agreed in writing when placing the order.

4.5 If it has been agreed that the agreement will be carried out in phases, Ecrivus may suspend the execution of those parts that belong to a subsequent phase until the client has approved the results of the preceding phase in writing.

Article 5. Contract duration; term of execution

An agreed term of execution shall not be a deadline, unless expressly agreed otherwise. If the term of execution is exceeded, the client should therefore give Ecrivus written notice of default.

Article 6. Modification of the agreement

6.1 If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be carried out, the parties will make the necessary arrangements in a timely manner and in mutual consultation. agreement adjust accordingly.

6.2 If the parties agree that the agreement is changed or supplemented, the time of completion of the implementation may be affected. Ecrivus will inform the client of this as soon as possible.

6.3 If the change or addition to the agreement financial and/or have qualitative consequences, Ecrivus will inform the client of this in advance. If a fixed fee has been agreed, Ecrivus will indicate to what extent the change or addition to the agreement results in an excess of this fee.

6.4 Notwithstanding paragraph 3, Ecrivus will not charge any additional costs account if the change or addition is the result of circumstances that can be attributed to it.

Article 7. Confidentiality

Both parties are obliged to confidentiality of all confidential information they receive in the context of their agreement obtained from each other or from another source. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.

Article 8. Intellectual property

8.1 Without prejudice to the provisions of Article 7. (confidentiality) of this terms Ecrivus reserves the rights and powers that accrue to it under the Copyright Act.

8.2 All documents provided by Ecrivus, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be used by him without prior notice. permission of Ecrivus may be reproduced, made public, or brought to the attention of third parties.

8.3 Ecrivus also reserves the right to use the knowledge gained through the performance of the work for other purposes, provided that no confidential information is disclosed to third parties.

Article 9. Termination

9.1 Both parties can agreement only cancel in writing on the basis of important reasons as referred to in Article 7:408 paragraph 2 of the Dutch Civil Code.

9.2 In the event of premature termination for compelling reasons, the client is liable to pay a portion of the salary to be determined reasonably, in accordance with the provisions of Article 7:411 of the Dutch Civil Code.

Article 10. Termination of the agreement

Ecrivus' claims on the client are immediately due and payable in the following cases:

– after closing the agreement Circumstances that have come to Ecrivus' attention give Ecrivus good reason to fear that the client will not fulfill its obligations;

– if Ecrivus is the client upon conclusion of the contract agreement has requested to provide security for compliance and this security is not provided or is insufficient.

In the cases mentioned, Ecrivus is authorized to further implement the agreement to suspend or dissolve the agreement to transfer, without prejudice to Ecrivus' right to claim damages.

If circumstances arise with regard to persons and/or material that Ecrivus is involved in during the execution of the agreement operates or tends to operate, which are of such a nature that the execution of the agreement becomes impossible or so onerous and/or disproportionately expensive that compliance with the agreement can no longer reasonably be expected, Ecrivus is authorized to agreement to dissolve.

Article 11. Defects; complaint periods

11.1 Complaints about the work performed must be reported in writing by the client to Ecrivus within 7 days of discovery, but no later than 14 days after completion of the work in question.

11.2 If the complaint relates to the quality of the work performed, the delivered work will be proofread at the expense of a proofreader to be appointed by Ecrivus. If the client's complaint is therefore judged by the proofreader to be unfounded, the proofreader's costs will be incurred account from the client; in the other case account from Ecrivus.

11.3 If a complaint is justified, Ecrivus will still carry out the work as agreed, unless this has become pointless for the client. The latter must be made known by the client. If it is still necessary to perform the agreed services is no longer possible or useful, Ecrivus will only be liable within the limits of Article 15. (Liability).

11.4 Even if the client complains in time, his obligation to pay remains.

Article 12. Fee

12.1 For offers and agreements in which a fixed fee is offered or agreed, paragraphs 2, 6 and 7 of this article apply. If no fixed fee is agreed, paragraphs 3-7 of this article apply.

12.2 Parties may, when concluding the agreement agreement agree on a fixed fee. The fixed fee is exclusive of VAT and any disbursements.

12.3 If no fixed fee is agreed, the fee will be determined on the basis of hours actually spent. The fee is calculated according to Ecrivus' usual hourly rates applicable for the period in which the work is performed, unless a different hourly rate has been agreed.

12.4 Any cost estimates are exclusive of VAT and any disbursements.

12.5 For orders with a term of more than one month, the costs due will be charged periodically account are being brought.

12.6 If Ecrivus agrees on a fixed fee or hourly rate with the client, Ecrivus is nevertheless entitled to increase this fee or rate. In particular, Ecrivus may pass on increases in third party costs. Such an increase can only be requested by the client account be brought if this has been communicated to him before the commencement date.

12.7 If the increase is more than 10%, the client has the right agreement to cancel with immediate effect.

Article 13. Payment

13.1 Payment must be made within 30 days after the invoice date either by means of legal tender at the offices of Ecrivus or by transferring the amount due to bank account no. 123642612 (Rabobank Nuth) in the name of Ecrivus International in Maastricht-Airport. After 30 days have elapsed after the invoice date, the client is legally in default, without any liability whatsoever formal notice is required; From the moment of default, the client owes interest on the amount due at the statutory (commercial) interest + 2%.

13.2 In the event of liquidation, bankruptcy or suspension of payment of the client, the obligations of the client will be immediately due and payable.

13.3 Payments made by the client always serve to settle, firstly, all interest and costs owed, and secondly, payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.

13.4 Payment must be made without discount or settlement.

Article 14. Collection costs

14.1 If the client is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred to obtain satisfaction will be incurred out of court. account from client. In any case, the client owes:

– on the first Euro 2,950,-	15%
– on the excess up to Euro 5,900,-	10%
– on the excess up to Euro 14,748,-	8%
– on the excess up to Euro 58,990	5%
– about the excess	3%

If Ecrivus demonstrates that it has incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement.

14.2 The client owes Ecrivus the legal costs incurred by Ecrivus in all instances, except insofar as the client demonstrates that these are unreasonably high. This only applies if Ecrivus and the client have a relationship agreement on which this one Terms and Conditions apply, conduct legal proceedings and a court decision becomes final and the client is completely or predominantly found in the wrong.

Article 15. Liability

15.1 Ecrivus is never liable for damage caused by the choice of method of sending the results of the assignment, as a result of which these results arrive at the client late, incorrectly or mutilated.

15.2 The liability of Ecrivus is at all times limited to the amount of the fee due; for assignments with a longer term, further limited to the fee portion due over the last six months.

15.3 The herein terms included limitations of the liability do not apply if the damage is due to intent or gross negligence on the part of Ecrivus or its managerial subordinates.

Article 16. Force majeure

16.1 Force majeure means circumstances that prevent the fulfillment of the obligation and that cannot be attributed to Ecrivus.

This will also include (if and insofar as these circumstances make compliance impossible or unreasonably difficult): strikes in companies other than those of Ecrivus, wild strikes or political strikes in the company of Ecrivus; a general lack of required raw materials and other items or services required to realize the agreed performance; unforeseeable stagnation at suppliers or other third parties on which Ecrivus is dependent and general transport problems.

16.2 Ecrivus also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Ecrivus should have fulfilled its obligation.

16.3 During force majeure, Ecrivus' obligations are suspended. If the period in which fulfillment of the obligations by Ecrivus is not possible due to force majeure lasts longer than 3 months, both parties are entitled to agreement to dissolve without there being any obligation to pay compensation in that case.

16.4 If, when the force majeure occurs, Ecrivus has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already performed or executable and the client is obliged to invoice this invoice to be paid as if it were a separate payment contract. However, this does not apply if the already executed or executable part has no independent value.

Article 17. Dispute resolution

17.1 In deviation from the legal rules for the competence of the civil court, any dispute between the client and Ecrivus shall, in case the court is competent, be settled by the District Court of Maastricht. However, Ecrivus remains competent to summon the client to appear before the competent court according to the law or the applicable international treaty.

17.2 If the client is a consumer or if his company or practice (including the client himself) employs three or less than three persons, he has the right, during one month after Ecrivus has invoked this provision in writing, to opt for settlement of the dispute by the civil court competent under the law.

Article 18. Applicable law

On every agreement Dutch law applies between Ecrivus and the client.

Article 19. Modification of conditions

Ecrivus is authorized to make changes to this terms to apply. These changes will come into effect at the announced time of entry into force. Ecrivus will send the modified terms send to the client in a timely manner. If no time of entry into force has been communicated, changes will come into effect vis-à-vis the client as soon as he has been notified of the change.

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Last updated: March 2017