General Terms and Conditions

SCOPE

The following Terms of Business cover all project agreements between Þýðingar.is and its clients (hereinafter referred to as “the Client”), unless otherwise agreed in writing.

 

QUOTATION AND APPROVAL

A binding quotation can only be given once all terms of the project have been presented, including all source text for translation, a description of the translation’s purpose and target group, and all other information required to complete the project. If this information is not included with the project, and the purpose or target audience of the translation is unclear, Þýðingar.is staff will send a query to the Client to obtain this information.

The Client shall treat quotations from Þýðingar.is as confidential and neither submit nor disclose them to any third party. Should the Client do so, Þýðingar.is shall be entitled to receive compensation for the damage suffered by the company.

Quotations sent by Þýðingar.is are valid for the term specified in the quotation. After the conclusion of the valid term, Þýðingar.is is no longer bound by the quotation and reserves to right to submit a new quotation with a new deadline. Quotations are considered binding once Þýðingar.is has received written approval, including confirmation by e-mail. from the Client.

Subsequent amendments to quotations, including additions and additional contracts, must be confirmed in writing by Þýðingar.is staff for them to enter into force in relation to the Client. If such amendments or additions result in more time being needed to carry out the project, Þýðingar.is staff will pass such information on to the Client as soon as it becomes available.

 

PRICE

Quotations are exclusive of VAT unless otherwise specified.

If a project is carried out for a fixed price, Þýðingar.is reserves the right to charge separately for additional work due to requests for alterations to the order and/or source material, or for requests for services not included in the original quotation/contract.

If the Client cancels a project, the Client shall pay for any work that has already been performed and, where applicable, pay for analysis and preparation of the part of the project that has not been carried out. If a project which Þýðingar.is is already working on is cancelled, Þýðingar.is will hand any completed material over to the Client at the request of the Client.

If text submitted by Þýðingar.is is amended by the Client, Þýðingar.is will enter the amended into the relevant translation memory within two weeks from receiving the amended text. If the Client requests that changes not submitted within two weeks be entered in the TM, Þýðingar.is reserves the right to consider such editing as a separate task and charge an according hourly fee.

 

OBLIGATIONS OF ÞÝÐINGAR.IS

Þýðingar.is undertakes to carry out the orders of all clients professionally and in accordance with the instructions and guidance provided in the work order.

Þýðingar.is shall provide the Client with the best possible service when it comes to detailed and updated information, invoices etc.

 

OBLIGATIONS OF THE CLIENT

The Client is responsible for the content of material submitted to Þýðingar.is, including the source material to be processed, the validity of the information provided, the legality of the information, and the instructions and other necessary information provided by the Client.

The Client is also responsible for the final approval of the material received from Þýðingar.is.

 

DISPUTES AND DEFICIENCIES

After Þýðingar.is has delivered the completed material to the Client, the Client is responsible for reviewing the material to ensure that it complies with the Client’s wishes. If the Client wishes to submit comments on the translation, content or other aspects of the service, the Client shall immediately inform Þýðingar.is of this and specify the deficiencies as soon as they are identified or should have been identified, and no later than 30 days from delivery. Þýðingar.is is not obligated to consider any comments received after this time.

If the errors or deficiencies are such that the content cannot be used for the intended purpose, the Client is entitled to a discount on the price in accordance with the errors or deficiencies, or to demand that Þýðingar.is complete the project in an appropriate fashion. If such additional emendations result in delayed delivery, and if it is apparent that the delay renders the material unusable for the Client, the Client may terminate the contract.

The Client acknowledges that they are aware that texts can be translated or interpreted in different ways and that the Client is responsible for expressing their wishes regarding style (e.g. formal or informal), additions, localisation, and anything else that may affect the text.

Deficiencies in delivered material shall be corrected at Þýðingar.is’s expense within a reasonable period of time. If this is not done, the Client is entitled, having submitted a claim with a reasonable deadline, to cancel the contract, request a discount or seek compensation.

 

DELAYS

If the staff of Þýðingar.is or the Client anticipate that the previously approved delivery of documents or project deadline is not possible, the counterparty must be informed without delay. In such instances, the reason for the delay and a reasonable time to carry out the contract should also be provided.

If Þýðingar.is is responsible for the delay, the Client may terminate the contract if:

‒ it is obvious from the contract or other circumstances that the Client is unable to use the material after a certain point in time, and it is obvious that the project cannot be completed in due time.

– the client made clear to Þýðingar.is that the deadline was the most important aspect of the service, and the client has fulfilled all their obligations in a timely manner according to the contract.

If the Client is responsible for the delay, Þýðingar.is is entitled to compensation for costs that may result from the delay.

 

LIMITATION OF LIABILITY

Þýðingar.is is not liable for the Client’s indirect losses – including loss of production, loss of profits or the Client’s compensation to third parties – that arise due to delays, defects, errors or other deficiencies on the part of Þýðingar.is, provided that Þýðingar.is has not acted with gross negligence.

Liability for direct losses is limited to the agreed price for the project in question, provided that Þýðingar.is has not acted with gross negligence. However, Þýðingar.is is not liable for direct losses that could not be anticipated at the time of the signing of the contract.

 

FORCE MAJEURE

The following circumstances constitute Force Majeure if they occur after the signing of the contract – or before, if their consequences were not foreseeable before the signing of the contract – and if they prevent the performance of the contract, cause significant delays or increase costs: labour disputes or other circumstances beyond the control of the contracting party, such as fire, confiscation, currency restrictions, malfunctions of machinery with a specific function that could not be foreseen and prevented by the maintenance of technical personnel, and delays in delivery from subcontractors for the reasons listed above. Force Majeure releases both parties from liability for delayed delivery and entitles them to demand an extension of the delivery period. Epidemics or diseases.

A party wishing to invoke Force Majeure must notify the counterparty, if possible, within a reasonable period after the circumstance occurred or could be foreseen.

If performance of the contract is delayed by more than three months from the quoted delivery date, in the event of Force Majeure, either party may terminate the contract in writing.

 

CONFIDENTIALITY AND ARCHIVING

Þýðingar.is guarantees that all information, material and documents that are handled within the company in connection with a Client’s project will be treated with the strictest confidentiality.

Þýðingar.is is not authorised to publish anything relating to the content sent to it by clients, nor to provide information about clients’ projects to anyone other than those necessary to fulfil the Client’s wishes and carry out the work on their behalf. A confidentiality agreement shall be in place between Þýðingar.is and all employees and contractors of the company.

The exception to this is that Þýðingar.is may, for marketing purposes, disclose that it works for a particular client, without revealing the nature of their business relationship, specific content or the identity of client employees.

Þýðingar.is shall ensure that all material received from the Client is stored in such a way as to comply with the confidentiality agreement.

Upon conclusion of the contract, the Client may request that Þýðingar.is delete all material that will not be needed for further collaboration between the two parties.

 

PAYMENT TERMS

Invoices shall be paid 20 days from their date of issue. In the event of late payment from the Client, Þýðingar.is reserves the right to charge late-payment interest equivalent to the current discount rate, plus up to an 8% surcharge. The payment of late-payment interest does not prevent Þýðingar.is from claiming compensation for further losses resulting from the Client’s disregard of their agreed payment obligations.

The Client is not entitled to deduct or hold back any part of the purchase price due to counterclaims except with the written approval of Þýðingar.is.

If invoices are not paid within 10 days after the due date, Þýðingar.is is entitled to cease all activities related to the project and retain all completed material until proof that the invoice was paid has been sent to Þýðingar.is.

All questions about payments should be sent to reikningar@þýðingar.is.

 

OWNERSHIP OF TEXTS

Þýðingar.is is the owner of the texts sent by the company to the Client. Upon payment of the invoice, ownership passes from Þýðingar.is to the Client. The Client is free to use the text after delivery within the payment deadline. However, Þýðingar.is reserves the right to demand that the Client stop using text if they have not paid the invoice for the relevant work within the contractual payment deadline. The Client furthermore agrees to withdraw such text from publication if Þýðingar.is so requests until payment is received or negotiated.

 

CONTRACT TERMINATION

In the case of serious breach of contract, the parties may terminate the contract without notice. In the case of obvious defects in the services of Þýðingar.is, which the Client can verifiably demonstrate, the Client has the right to terminate the contract without notice.

The parties may also terminate the contract without notice if either party is declared bankrupt, liquidated or seeks composition with its creditors.

Þýðingar.is may terminate the contract if the Client does not fulfil their payment obligations or prevents or otherwise makes it impossible for Þýðingar.is to perform the assignment pursuant to this contract. In such cases, Þýðingar.is is entitled to full payment for the work that had already been completed at the time of the termination.

 

GOVERNING LAW AND DISPUTE RESOLUTION

Any disputes between the parties shall be settled according to Icelandic law, irrespective of international law.

The District Court of Reykjavík will be the venue for all disputes between Þýðingar.is and the Client.

TERMS OF THE CONTRACT

If any of the terms in this contract cease to be valid or cannot be enforced according to applicable statutes, the parties shall, by mutual agreement, replace any invalid or unenforceable provisions with a valid, applicable provision, to the extent as possible, for the purpose of the original provision and the contract as a whole.