Terms and Conditions for translation services
MedTranslation hereinafter refers to MedTranslation Ltd. with which a Customer enters into an assignment agreement.
These Terms and Conditions are applicable to all assignments for translation and/or related services, accepted by MedTranslation and the Customer unless otherwise agreed in writing or required by law.
Acceptance of assignment
An assignment agreement is entered into when the Customer accepts the price estimate proposed by MedTranslation in respect of an assignment or the parties come to a specific agreement.
MedTranslation reserves the right to decline an assignment if MedTranslation considers the assignment to contain a criminal element or if the nature of the assignment in general is in breach of MedTranslation Ethical Policy or Code of Conduct. MedTranslation also reserves the right to decline an assignment if the Customer fails to satisfy MedTranslation’s credit policy.
Implementation and basis of assignment
The work of MedTranslation is carried out with accuracy and care by competent personnel and in accordance with the assignment agreement entered into by both parties. Unless otherwise agreed by MedTranslation and the Customer, MedTranslation will employ the methods and standards pertinent to its work.
The Customer shall provide MedTranslation with the material required in order for MedTranslation to carry out the assignment in accordance with the assignment agreement whereupon MedTranslation shall notify the Customer if it is not in receipt of the full material required. If the necessary material is not received from the Customer, MedTranslation is entitled to an extension of delivery in addition to compensation for any expenditure incurred. If the absence of the material required renders it significantly more difficult for MedTranslation to carry out the assignment, MedTranslation has the right to terminate the assignment with immediate effect whereupon MedTranslation shall be entitled to compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
Terms of delivery
Terms of delivery are agreed in association with each individual assignment contract.
Delay in delivery
Should a delay in delivery from MedTranslation occur for reasons that do not involve the Customer and such delay is not accepted by the Customer, the Customer will be compensated for the delayed part of the delivery with up to 5 % of the delayed part of the delivery per week or a maximum of 20 % of the total order value. If a delay in delivery entitles the Customer to the maximum amount of compensation, the Customer has the right to terminate the delayed part of the assignment. If the Customer decides to terminate the delayed part of an assignment, no additional compensation other than the compensation specified herein is payable. If a delay in delivery from MedTranslation is considered significant given the volume and frequency of the assignment, the Customer is entitled to terminate the assignment with immediate effect and, if relevant, is liable to pay for the completed parts of the assignment with a deduction for the compensation specified herein. No other sanctions shall apply owing to a delay in delivery from MedTranslation.
Liability for fault or defect
MedTranslation is liable for any fault or defect arising from the implementation of an assignment that is not of insignificant importance to the Customer unless the fault or defect is caused by a fault or defect in the original material submitted by the Customer or any other circumstances of the Customer. In the event of a fault or defect arising from the performance of MedTranslation, such fault or defect shall be corrected at the expense of MedTranslation.
If making a complaint about a delivery of material, the Customer shall file its complaint within fourteen (14) days from the date of delivery. MedTranslation reserves the right to request payment as per applicable pricelist for any amendment made as a result of a complaint filed subsequent to this period. An amendment made as a result of a complaint filed over sixty (60) days after a delivery of material is always considered to be a new assignment and dealt with accordingly.
Confidential documents and files made available to MedTranslation in connection with an assignment are treated as strictly confidential and will not be disclosed to a third party without the approval of the Customer with the exception of MedTranslation’s members of staff or authorised advisers or consultants. MedTranslation shall ensure that all relevant members of staff, advisers and consultants have signed a Confidentiality Agreement vis-à-vis MedTranslation to the same effect. Confidential information does not include information that is or will be known to the general public or that in any other way (unrelated to the assignment) is received by MedTranslation.
Unless the Customer has requested in writing that MedTranslation use a specific alternative delivery mode, MedTranslation is not in breach of the confidentiality clause above if delivering the assignment to the Customer via the same delivery mode used by the Customer to supply the original and related material to MedTranslation.
Ownership and right of use of end product
The end product of the assignment submitted to the Customer is the property of the Customer for unconditional use subject to MedTranslation having received full payment. However, MedTranslation is entitled to have free disposal and use of glossaries and translation memories created in conjunction with the assignment.
Price of assignment
The price is agreed on an individual assignment basis.
Amendments and supplements
a) If the Customer asks for an amendment to be made to the agreed schedule, MedTranslation is entitled to charge the Customer for the extra work involved with such amendment as per applicable pricelist.
b) If the Customer wishes to make any other amendment to the assignment, MedTranslation is entitled to deduct a surcharge in addition to the agreed price. Such amendment includes the addition of supplementary conditions. The surcharge deduction is made in line with the applicable pricelist whereupon MedTranslation is required to update the relevant terms of delivery and price in line with the amendment made.
The Customer is entitled to terminate an assignment prior to delivery conditional on the Customer compensating MedTranslation for the work carried out prior to notice of termination in addition to the cost of terminating the assignment and loss of revenue.
Travel time etc.
Any relevant compensation for travel time is specified in the price estimate or acknowledgement of order. A surcharge applies to travel time outside ordinary working hours unless such travel time is included in the agreed price.
In the event that compensation for travel time and subsistence allowance has not been agreed, MedTranslation will charge the actual cost of travel time and subsistence allowance in compliance with the Travel and Subsistence Code or applicable collective agreement.
Value Added Tax
The price listed in the assignment contract or price estimate proposed by MedTranslation does not include value added tax except when intended for private individuals.
Terms of payment
MedTranslation will invoice the Customer upon completion of the assignment and following a credit rating. All invoices are payable within thirty (30) days from the date of invoice. Interest on overdue payments is charged in accordance with respective countrys Interest Act.
MedTranslation is entitled to terminate the assignment in the event of the Customer being in arrears with payments of significance importance to MedTranslation. MedTranslation is also entitled to claim compensation from the Customer for work carried out until the date of termination in addition to the cost of terminating the assignment and loss of revenue.
Other terms and conditions
MedTranslation is liable to ensure that the services offered by MedTranslation do not infringe on the rights of another entity such as a patent, brand name or copyright subject to and in so far as the material submitted to MedTranslation forming the basis of the services offered by MedTranslation, do not infringe on the rights of another entity such as a patent, brand name or copyright. The Customer is liable to ensure that the material submitted to MedTranslation and subsequent handling of such material does not infringe on the intellectual property rights of another entity. The Customer shall indemnify MedTranslation for any claims made by a third party in connection with an assignment carried out by MedTranslation on behalf of the Customer.
Aside from these Terms and Conditions, the Customer cannot make a claim against MedTranslation in connection with an assignment. The Customer is not entitled to any compensation for loss of production, loss of revenue or any other indirect damage and on no account is MedTranslation liable for damage in connection with the payment of compensation to a third party. As regards delivery of an assignment by electronic means or data media (e.g. CD), MedTranslation shall not be held liable for any damage caused by a so-called computer virus or any other problem beyond the control of MedTranslation. Moreover, MedTranslation disclaims all liability in connection with a problem that occurs as a result of the Customer using the end product of the assignment or that is pertaining to the technical equipment or software used by the Customer or another entity. The liability of MedTranslation and its subcontractors is limited to an amount equal to the agreed total value of the assignment.
In order to be able to provide entitlement to compensation, any claim for damages shall be submitted to MedTranslation in writing as soon as possible after the damage has been discovered, and no later than six (6) months after completion of the assignment.
MedTranslation shall not be held responsible for any loss caused if MedTranslation or its subcontractors are late in delivering an assignment due to unforeseen circumstances beyond the control of MedTranslation or its subcontractors, including but not limited to illness, fire, stroke of lightning, natural disaster, strike, boycott, industrial conflict, war, mobilisation or unexpected call-up for military service, exchange currency restrictions, insufficient or deficient power supply, telecommunications including network communications, insurrection and riots or any other comparable circumstance or unanticipated Government action.
4.1 Processing of personal data
When processing (e.g. translating) documents, MedTranslation may – depending on the native language requirements – need to transfer the documents to a vendor based in a third country that has no adequacy decision.
To be able to perform language service-related processing to a document (e.g. translate the content), the document must be in clear text and, as such, cannot be encrypted other than during the transfer. Therefore, before sending documents containing personal data to MedTranslation, the Customer must take responsibility for anonymising personal data in such documents or by other means ensure that the personal data can no longer be attributed to a specific data subject. This is particularly important if the documents are to be translated into a language of a third country with no adequacy decision or otherwise processed by a native language speaker of such a third country, since the local legislation of that country may be in direct conflict with EU privacy laws.
Furthermore, MedTranslation may use CAT tools that store the content of the documents (including the personal data) in a translation memory specific to the Customer. If MedTranslation may not store the personal data from the Customer’s documents in translation memories or other databases as part of the processing, the Customer must anonymise documents before sending them to MedTranslation for processing.
MedTranslation stores customer project files on our file servers for 5 years, after which they are deleteds. The content of translation memories will be stored for as long as the Customer wishes us to store it.
The data stored in translation memories and other databases used for processing the Customer’s documents are the Customer’s data, and MedTranslation processes the data according to the Customer’s instructions.
If personal data needs to be deleted from translation memories and other databases, MedTranslation would either delete the entire translation memory and/or database, or charge a fee for filtering out the data, where possible.
Governing law and court
The interpretation and application of these Terms and Conditions shall be governed by Hungarian law.
Any disputes relating to the validity, interpretation or application of these Terms and Conditions shall be decided at a public court in Budapest, Hungary.
Budapest, April 20, 2023