GENERAL TERMS AND CONDITIONS
Introduction
The company PSD prevajalske storitve d. o. o., with headquarters at Kvedrova cesta 5a in Ljubljana, registered in the court register of the District Court in Ljubljana under number 1/42604/00 and tax number SI65489616 (hereinafter: PSD) together with its subsidiary and partner companies comprises an international translation company, which offers its clients translation, revision, editing, interpretation and court certified translation services, and other services connected with translation, such as the establishment of companies, consulting on company establishment and thus related services and benefits arising from the above services and agreements concluded between PSD and its clients (hereinafter: PSD system). The PSD system also covers the system of placing orders, the PSD web application, operating system, QMS (quality management system) standardised according to ISO 17100:2015 and ISO 9001:2008, PSD Extranet, websites, memberships, licences and all offers and benefits related to services offered by PSD.
PSD is entitled to conduct its contractual services and pursue its claims in respect of clients through local PSD subsidiaries, which always act as agents of PSD. However, the client’s contractual relationship is with PSD, not with any of its subsidiaries; therefore, subsidiary companies are not responsible for liabilities arising from business/services conducted for PSD, and for this reason the client should always contact PSD.
PSD may at any time supplement its services within PSD or any PSD Unit or other partner company (hereinafter: PSD partners) with which it has a cooperation agreement, and thus enable its clients to order any service, i.e. business consulting, legal or tax advice, financial consulting. If the range of services is supplemented, PSD partners, or companies executing services of that type, are responsible for performing the services.
PSD owns all material and moral copyrights of texts published on the PSD website. PSD is the holder of all copyrights regarding translation implemented by PSD for the user. Without the explicit written permission of PSD, the user may not in any way reword, distort, modify, interfere with, publish, use in lectures or publish a translation or text published on the PSD website.
When the user is not the author of an original text, the user explicitly guarantees that he or she has the right regarding original work that is understood as independent work to submit such work for translation.
The user agrees not to use material, documents, logos or the PSD system, including information solutions, PSD Extranet or PSD Web Dictionary in any other way than in compliance with these General Terms and Conditions published on the PSD website and the Rules on classified information and contracts concluded between PSD and the user (client) in written form.
Irrespective of any other provision, PSD reserves the right to change, suspend, remove or prevent access to the PSD system at any time without prior notice. PSD shall in no case be held responsible for such changes.
The PSD logo and other PSD brands, like PSD Group, PSD Translation, PSD IT Services, PSD Language Courses, PSD Delivery and Transport, ‘PSD drugačna prevajalska agencija’, ‘PSD a different kind of translation agency’ and service brands, graphics and logos are trademarks or registered trademarks of PSD d.o.o. in Slovenia/or in other countries.
1 Subject of the contract
1.1. PSD offers services to its clients in accordance with these Terms and Conditions, and in the manner determined or agreed between the client and PSD.
2 Contracting parties
2.1. No other legal or labour relations exist between PSD and the client except the relevant contractual basis determined by these Terms and Conditions.
2.2. PSD may enter into a contractual relationship only with persons over the age of 18. Until the age of majority, a client may enter into a contractual relationship with PSD only with the written permission of their legal representative.
3 PSD system use and methods of payment
3.1. PSD system offers multiple ways to order services:
3.1.1. PLACING ORDERS VIA THE PSD WEBSITE
is the simplest way to order services from PSD. Orders placed via the website are secure and fast, because clients receive instant confirmation of their order. Clients may choose from several payment methods: via Moneta (in Slovenia only), e-bank, pro forma invoice, invoice, PayPal, etc. A web order is a fast and efficient way of ordering and accepting all business conditions on the PSD website, such as price, deadline, manner of delivery, etc. By placing an order via the website, the client undertakes to settle their liabilities under the conditions determined by PSD. The inquiry and preliminary offer do not constitute a confirmed order; the basic condition for a valid order is confirmation of the order by the client (see the Note below) or payment for services by the due date and under the conditions stated in the offer (usually as a pro forma invoice).
Note!
Services are considered ordered after the PSD offer has been confirmed, i.e. via the Internet, e-mail, purchase order or the PSD web application (PSD App). Services for which a valid contract was concluded before placing an order are considered ordered when the client confirms implementation of the service by e-mail, purchase order or the PSD web application (PSD App).
Important!
When ordering and paying via the website, it is understood that clients have read and accepted the Terms and Conditions.
Regardless of the Terms and Conditions stated on the website, PSD reserves the right to change the Terms and Conditions.
3.1.2. PLACING ORDERS BY E-MAIL
A client receives our reply in the form of a preliminary offer within eight hours. If we are unable to send an offer immediately, we inform the client about any possible delay in the preliminary offer. To receive a preliminary offer, the client should provide as much information as possible, e.g. the text that has to be translated, the target language, proof-reading, the deadline, and other requirements. The inquiry and preliminary offer do not constitute a confirmed order; the basic condition for a valid order is confirmation of the order by the client (see the Note below) or payment for services by the due date and under the conditions stated in the offer (usually as a pro forma invoice). If the payment for the service is overdue or the purchase order is not sent (see the Note below), the order is deemed null and void. However, such an order will still be recorded and the service may still be rendered at a later time, but under new conditions.
Note!
Services are considered ordered after the PSD offer has been confirmed, i.e. via the Internet, e-mail, purchase order or the PSD web application (PSD App). Services for which a valid contract was concluded before placing an order are considered ordered when the client confirms implementation of the service by e-mail, purchase order or the PSD web application (PSD App).
Important!
When ordering by e-mail or phone, it is understood that clients have read and accepted the Terms and Conditions.
Regardless of the Terms and Conditions stated on the website, PSD reserves the right to change the Terms and Conditions.
3.1.3. PLACING ORDERS BY TELEPHONE
A client receives our reply in the form of a preliminary offer within eight hours. If we are unable to send an offer immediately, we inform the client about any possible delay in the preliminary offer. To receive a preliminary offer, the client should provide as much information as possible, e.g. the text that has to be translated, the target language, proof-reading, the deadline, and other requests. A telephone order is not a valid order. The order must be confirmed in the manner described in ‘Note!’ below. The inquiry and preliminary offer do not constitute a confirmed order; the basic condition for a valid order is confirmation of the order by the client (see the Note below) or payment for services by the due date and under the conditions stated in the offer (usually as a pro forma invoice).
Note!
Services are considered ordered after the PSD offer has been confirmed, i.e. via the Internet, e-mail, purchase order or the PSD web application (PSD App). Services for which a valid contract was concluded before placing an order are considered ordered when the client confirms implementation of the service by e-mail, purchase order or the PSD web application (PSD App).
Important!
When ordering by e-mail or phone, it is understood that clients have read and accepted the Terms and Conditions.
Regardless of the Terms and Conditions stated on the website, PSD reserves the right to change the Terms and Conditions.
3.1.4. PLACING ORDERS VIA PSD EXTRANET APPLICATION
Important!
Available to all clients using PSD Extranet. The condition for ordering via the PSD Extranet is the activation of the user’s account.
3.1.5. PLACING QUICK ORDERS (See also 24/7 T)
Quick orders can easily be placed in any of the forms described in the Terms and Conditions in points 3.1.1. – 3.1.4. A quick order has to be made during PSD’s working hours, and its execution must be confirmed by PSD. If PSD does not confirm the execution of the order, or send the offer in one hour, it will not be possible to execute the quick order. The inquiry and preliminary offer do not constitute a confirmed order; the basic condition for a valid order is confirmation of the order by the client (see the Note below) or payment for services by the due date and under the conditions stated in the offer (usually as a pro forma invoice).
The response to the quick order is in the form of an informational offer within one hour, i.e. PSD first informs the client if capacities are available for the order. When drafting a quick informational offer, please provide as much information as possible, e.g. texts for translation, target language, request for proof-reading, deadline and other details. The order must be confirmed in the manner described in ‘Note!’ below.
Note!
Services are considered ordered after the PSD offer has been confirmed, i.e. via the Internet, e-mail, purchase order or the PSD web application (PSD App). Services for which a valid contract was concluded before placing an order are considered ordered when the client confirms implementation of the service by e-mail, purchase order or the PSD web application (PSD App).
Important!
When ordering by e-mail or phone, it is understood that clients have read and accepted the Terms and Conditions.
Regardless of the Terms and Conditions stated on the website, PSD reserves the right to change the Terms and Conditions.
3.2. Methods of payment
PSD may request immediate payment, payment by pro forma invoice or payment within 8 days. Longer payment periods are subject to special agreement between PSD and the client.
PSD also enables payment via Moneta (only Slovenia) and PayPal.
Training
3.3. Occasionally at its discretion and at the request of clients, PSD provides informative and educational events relating to the PSD system and notifies clients about participation at such educational events. However, PSD is under no obligation to organise such informative meetings, and no claims can be made against it in this regard.
4 Registration in the Extranet and password
4.1. When a client logs on to the PSD Extranet for the first time, a password is sent by SMS or e-mail to the mobile phone number or e-mail address previously provided by the client. The client must then follow the instructions and assistance provided on the PSD website and the Terms and Conditions for use of PSD Extranet for the purpose of carrying out registration and/or making later changes. An additional access code will be submitted to the client, which will be sent to the client’s mobile phone or e-mail. More on the Terms and Conditions for the use of the PSD Extranet can be found here.
4.2. The password allocated by PSD via e-mail or SMS, and which must be changed by the client immediately, is strictly confidential. When the password is entered, this must be done without being seen by third parties. The password must not be disclosed to third parties or stored on a mobile phone.
4.3. If the client notices any unauthorised use of their access to the PSD website and PSD Extranet, they are obliged to inform PSD of this immediately so that access can be deactivated. As part of the process of changing data, the amended data will be re-sent to the client by SMS or e-mail. The client is liable for any loss incurred as a result of unauthorised use.
5 Benefits
5.1. By using the PSD system, the client is occasionally or regularly able to take advantage of preferential purchasing conditions. PSD particularly encourages the use of the PSD system, which includes Extranet communication.
5.2. Detailed provisions and further explanations of the scheme are given in Appendix ‘PSD Extranet system’. The current version of this Appendix is available upon first entering the PSD Extranet and from PSD.
5.3. The entitlement to PSD benefits deriving from using the PSD Extranet applies only when the client observes the rules provided in the Extranet system.
6 Liability
6.1. The client and PSD agree that PSD is not liable for any damage incurred by the client due to minor negligence.
6.2. PSD assumes no liability whatsoever for the continuous availability of the website or the SMS service, and in particular the availability of mobile telephone networks, the Internet, possible EC card terminals, or for the correct operation of mobile devices or the PSD system. PSD is liable for above malfunctions or unavailability only if PSD causes the aforementioned intentionally or by gross negligence.
6.3. PSD defines its liability for damages in the liability clause, which is available from PSD. If a client wishes to modify PSD’s liability, PSD must be informed thereof. The conditions cannot be changed without the prior consent of PSD.
Prior to cooperation or project implementation, the client is obliged to inform PSD of the importance of the project. The importance of the project is defined as:
– Internal business or internal use or low importance,
– Important for business: texts will be read by clients (catalogues, websites, presentations, seminars, etc.) or high importance,
– Very important for business (the value of these transactions may be from EUR 50,000.00 to EUR 50 million or more), these include: translations of offers, tenders, contracts, etc.) or extremely high importance.
Note: IMPORTANT CLAUSE!
7 Warranty, damage claims or other claims due to the incomplete performance of contractual obligations or errors and deficiencies must be described in detail in order to enable their verification.
7.1. The client may enforce any warranty claims, claims for damages, error or other claims as a result of incomplete performance or failure to complete the obligations only against PSD or its subsidiary, partner company or associated company (hereinafter: PSD Unit) at which the client ordered the service. For the purpose of settling such claims, the client acknowledges that the individual contractual agreement concluded between the contracting parties must be observed, or the client must refer to the PSD Unit, which executed the service.
7.2. In any event, the client contracts with an individual PSD Unit regarding liabilities provided by PSD. The provision in point 6.3 refers only to the responsibility of the PSD Unit in Ljubljana, i.e. PSD d.o.o. with its headquarters in Ljubljana at Kvedrova cesta 5a, registered in the court register of the District Court in Ljubljana under number 1/42604/00. Written clarification from an individual PSD Unit must be obtained regarding the liability of other companies, or see the following link for individual companies’ liability.
7.3. For more on the above and complaints, see also point 11.
8. Termination of the contractual relationship by the client
8.1. The client has the right to terminate the contract with PSD at any time in writing or as per the agreement determined between PSD and the client in a contract. The client bears liabilities to PSD as described in point 12.4 of these Terms and Conditions.
8.2. The client is obliged to settle in full any outstanding liabilities when terminating the contract.
9. Data processing and data transmission
9.1. PSD collects, stores and processes clients’ general data and other personal data which the client provides for the purposes of the contractual relationship, or which are provided by third parties for the purposes of verifying the identity or legal capacity of clients, to which the client agrees.
9.2. The clients’ collected and processed data are used to provide services in connection with PSD services and are not passed to third parties for other purposes.
9.3. PSD has the right to forward the clients’ collected and processed data to its units for the purpose of providing or assuming services in connection with PSD services.
9.4. The client agrees that their personal data are stored, processed and forwarded through the PSD system to the extent required for the purposes of the business relationship. This consent may be revoked by the client at any time.
9.5. If PSD receives personal data for processing, the client is obliged to inform PSD about sending personal data for processing, and at the same time PSD has to make a special arrangement for processing personal data which is covered by its Rules.
10 Amendments to the agreement
10.1. Any changes to the agreement between PSD and the client shall be made in writing, which also includes withdrawal from the agreement. In this context, writing includes transmission by fax or e-mail. In the case of changes to contractual conditions, these will be updated and published on the PSD website. These Terms and Conditions on the PSD website are binding on the client unless agreed otherwise in the contract on cooperation. For the purposes of the contractual relationship between PSD and the client, amendments to these Terms and Conditions apply from the time of their publication or from the time PSD informs its clients thereof and accordingly concludes an annex with clients which shall serve as an appendix to the abovementioned changes.
10.2. Proposed changes to the contract may be sent to the client by e-mail to the last known e-mail address.
11 Complaints
11.1. In the event of irregularities or complaints, the client should contact the PSD representative by phone or e-mail.
PSD accepts complaints within 8 days of the delivery of the translation. Within this time, the elimination of errors is free of charge; after this deadline, the elimination of errors is subject to payment.
11.2. If, regarding the content, the complaint could have been resolved in 8 days (an immediate intervention by PSD) and the client failed to point this out immediately or within 8 days and inform the person responsible, it shall be understood that the client agreed to such service (e.g. misspelled words, typing errors etc.) and shall lose the right to file any subsequent complaints.
11.3. In the case of a large number of translated pages (over 100 pages), the client has the right to an extended deadline to file a complaint, i.e. 30 days from the day the service was rendered.
11.4. If the client fails to file a complaint within the aforementioned deadline, the elimination of errors shall be subject to payment.
12 Cancellation of order
12.1. The client has the right to cancel an order.
12.2. Cancellations must be submitted in writing or by e-mail no more than one hour after the official order (in this case, the official order may also denote an order by e-mail), after which time cancellation is no longer possible, or if the client insists on cancellation, the client is obliged to settle handling costs for processing their order.
12.3. If an order is labelled “the next day” (quick order) and the client fails to cancel it (or tried to cancel the order outside PSD business hours), the client is nevertheless obliged to settle the costs mentioned in point 12.4.
12.4. PSD shall be entitled to payment for the following:
– the number of pages (hours spent) up to the moment the client cancelled the service (in this case, the number of pages translated up to the moment when PSD actually contacts their subcontractor if the service is done by a subcontractor, or when PSD informs the subcontractor to discontinue the service),
– other possible handling costs for processing the order.
13 Privacy policy
13.1. All information about clients obtained by PSD is protected in compliance with the applicable legislation and the internal Rules on confidential data protection.
14 Non-functioning, malfunctioning and use of PSD webpages
14.1. In the event of inactivity or malfunction of the PSD website, the client is obliged to inform PSD thereof, in which case the Terms and Conditions shall be submitted by other means.
14.2. If the website or PSD application do not function accordingly, the client is obliged to contact PSD by phone or e-mail.
15 Final provisions and special conditions
15.1. PSD does not publish the prices of its services on its website, but only an estimate in the case of an order placed by the online ‘quick informational offer’ form. For ordering and paying for PSD services, PSD:
– issues a purchase order or pro-forma invoice, including VAT (according to the applicable legislation, PSD does not charge VAT to clients abroad),
– provides data on the payment via the website. Prices do not include VAT. Information about VAT can be found on the PSD website (price list), or by direct contact.
15.2. PSD has the right to charge all costs for services provided outside the scope of the PSD system (especially advice and replies) arising from their rendering, and which are not included in the contractual provisions on costs; only general or short answers to questions are free of charge.
15.3. When using the PSD system and later, the client may not use verbal, pictorial, verbal-pictorial or any other PSD trademarks in any form which are generally known and recognised.
15.4. The client undertakes not to contact PSD subcontractors without the prior consent of PSD.
15.5. If a violation of obligations under points 15.3 and 15.4 is established, the client is obliged to pay a contractual penalty in the amount of EUR 15,000.00 for each individual violation, even if no damage was incurred by PSD.
16 Dispute settlement
Slovenian law applies in the case of a dispute between contracting parties. Any disputes between the parties shall be decided by a court in Ljubljana, Slovenia.
Note: Cooperation with PSD does not include any hidden clauses.
Clause on liability for damages
PSD limits its liability for damages to EUR 50,000.00. If the client wishes to modify PSD’s liability, PSD must be informed of this change. Without prior consent from PSD, the conditions cannot be changed.
Prior to cooperation or project implementation, the client must inform PSD of the importance of the project. Importance can be defined as:
– Internal business or internal use or low importance,
– Important for business: texts will be read by clients (catalogues, websites, presentations, seminars, etc.) or high importance,
– Very important for business (the value of these transactions may be from EUR 50,000.00 to EUR 50 million or more), these include: translations of offers, tenders, contracts, etc.) or extremely high importance.
Arrangement of the contract
The client and PSD may arrange their mutual relationship in a different manner. Anything not arranged by contract is subject to the provisions of these General Terms and Conditions.
These General Terms and Conditions are valid as of 1 September 2016.
