TERMS AND CONDITIONS OF HISPALIS TRANSLATIONS

1. Subject-matter

These Terms and Conditions are applicable to all services that Lucy Williams of Hispalis Translations (hereinafter, HISPALIS) performs for the customer. Following acceptance of the first quotation, it will be deemed that the customer accepts these Terms and Conditions without any reserves.

In the event that HISPALIS does not apply these Terms and Conditions from time to time this shall not be deemed to be a waiver of its right to later invoke any of the said Conditions.

2. Term

These Terms and Conditions will remain in force throughout the commercial relationship between HISALIS and the customer. HISPALIS reserves the right to amend them without prior notice.

3. Quotation and price

In order to produce the quotation, we will typically ask the customer to send us the document in question. HISPALIS will treat the said document as totally confidential. The customer will receive the quotation for the service by e-mail. The basis used to calculate the price will be explained in the Specific Conditions of the quotation. Any oral quotations or those based on information provided by the customer where HISPALIS staff have not seen the text in question will be deemed to be merely informative and will not be binding. Prices are given in euros and exclude VAT, unless otherwise stated in writing, and the amount and payment method will be set out in the Specific Conditions of the quotation.

4. Purchase Order

The order for the translation, proofreading, etc. will be deemed to be firm when the customer submits written acceptance of the quotation provided by HISPALIS. HISPALIS will not commence any work without a firm order from the customer. The order is to be sent by e-mail and the quotation is to be signed and scanned. It is also possible to place an order by including the following phrase in an e-mail: "I accept the quotation with reference [XXX] and the applicable terms and conditions. This is a purchase order to request commencement of the project". In any event, the customer should receive written confirmation from HISPALIS that the work is going ahead, with confirmation of the term of delivery.

5. Receipt and delivery of texts

The customer shall send the texts for translation by e-mail in digital format unless otherwise stated on the quotation. The original documents are to remain in the customer's possession. HISPALIS will accept no liability in the event that there is any damage to documents that the customer sends to it.

HISPALIS delivers translations in Microsoft Word as standard, independently of the format of the documents sent by the customer, unless there is an agreement to the contrary set out in the Specific Conditions of the quotation (for example, Excel to be delivered in Excel, PowerPoint in PowerPoint, etc.). HISPALIS will take care with the presentation of translations, but the customer will be responsible for layout, unless otherwise agreed in the quotation.

The delivery format of sworn or certified translations will be electronic (scanned and delivered by e-mail) and physical (delivered by certified post) unless otherwise agreed in the quotation.

In the event that the customer fails to confirm receipt of finished work this shall not be deemed to be proof of not having received it.

6. Questions, difficulties and support

If any difficulties or questions of any type arise in relation to understanding the text, the customer shall provide the relevant assistance to enable HISPALIS to perform the translation. The customer shall provide relevant reference texts and specific instructions prior to commencement of the project.

7. Term of delivery

The term of delivery set out in the specific conditions of the quotation will be for information purposes only until it has been expressly confirmed in writing to the customer. Time references correspond to Spanish peninsular time (CET).

In the event that difficulties arise with the text (comprehension, questions, etc.) or there are any last-minute changes, additions, etc. made by the customer, the term of delivery will be delayed for a period of time equivalent to the time needed to clarify the difficulties or make the said changes, additions, etc.

HISPALIS will not be held liable for delivery delays as a result of events that are beyond its control (including delays attributable to its external collaborators) or in the event of force majeure. If a delay occurs, HISPALIS will do everything possible to deliver the work as quickly as possible.

In the case of copies of translations sent by certified post (sworn translations, certified translations, etc.), the date of delivery will be deemed to be the date on which the translation is sent to the customer. HISPALIS will accept no liability for delays caused by the postal or courier service.

8. Payment

HISPALIS will issue an invoice in the customer's name and will send it to the customer after having delivered the work, unless another date has been agreed. The payment term shall be that which is specified in the Specific Conditions of the quotation. If no payment conditions are specified, it shall be deemed that the customer shall pay the invoice immediately after it has been issued. In the event of part or total advance payment, HISPALIS will not deliver the translated/revised texts until the agreed payment has been received.

The customer will be required to pay the amount on the invoice within the term and using the method agreed in the quotation and/or order. Any payment delays will entail the application of interest for late payment, calculated pursuant to the legal rate of interest for late payment in force, applicable to all amounts pending payment by the customer after the legal term to make the said payment has expired. HISPALIS reserves the right to interrupt any work in course in the event of late payment.

9. Changes

If, for any reason beyond HISPALIS's control, the originally agreed working conditions are changed (for example, last minute changes by the customer that force us to revise work that we have finished, text in images not included in the original word count, delivery date changes, etc.) it is possible that this, in its turn, will lead to amendments in the originally-agreed price and delivery term. HISPALIS shall notify the customer of such changes and the latter will need to accept the new price and term in order for HISPALIS to be able to begin to make the relevant changes.

The customer is to submit any requests to amend the text being translated/revised by e-mail.

If the customer wishes to change the order after delivery, HISPALIS will deem this to be a new quotation and order.

10. Cancellations

If the customer decides to cancel the services contracted in full or in part, any part of the work performed up to the time of cancellation will be chargeable. In the event that the work is finished, 100% of the price will be chargeable.

11. Complaints

HISPALIS aims to offer quality services and in order to achieve this goal it has a quality process that documents and monitors any nonconformities that may arise.

After delivery of the translation, the customer will have a term of 7 working days to raise any questions or submit complaints in relation to the service received. If the complaints are justified, the document will be checked and amended at no charge to the customer. After 7 working days, if the customer does not notify HISPALIS that it is not in accordance with the translation, it will be deemed that the customer tacitly accepts it. Any mistakes or shortcomings in one section of the translation may, under no circumstances, lead to questioning the entire work.

HISPALIS will be exempt from liability if:

- the text submitted for translation/revision, etc. is badly-written, incorrect, has illegible sections and/or contains ambiguities;
- the reference sources and/or instructions submitted by the customer are incoherent or incorrect;
- the customer refuses to provide an adequate response to any questions or requests for more information submitted by HISPALIS;
- the complaint is motivated by nuances in style.

Although HISPALIS makes every effort to ensure that the texts it delivers are of high quality, and has a quality process established for this purpose, it is possible that they contain occasional mistakes or shortcomings. The text delivered is for the exclusive use of the customer and the same will be entirely liable for any reproductions for any purposes. In the event that the customer wishes to publish the translated text, the customer is advised to consult HISPALIS in order to receive a quotation for correction/revision of the translation. This will significantly reduce the probability of error. HISPALISwill accept no liability if the customer changes the text sent by HISPALIS without consulting it first or if the customer does not incorporate any corrections suggested by HISPALIS. HISPALIS's liability is limited to the amount of the corresponding invoice.

Liability for the contents of sworn translations shall be borne by the sworn translator who signs and stamps them.

12. Use and copyright

The customer declares that it has the usage rights and copyright required in order to translate the texts being ordered, and the customer will be solely liable to third parties if it transpires that this is not the case.

After payment by the customer of the price of the translation/revision, etc. the customer will have the rights to use and copy the same. HISPALIS will maintain usage rights and copyright over any glossaries, translation memories and any other relevant media, where applicable.

13. Non-disclosure

HISPALIS undertakes to maintain absolute confidentiality as regards any documents sent and any information to which it may have access during its relations with the customer and not to disclose any information to third parties, neither during the commercial relationship or subsequently. All employees and external collaborators of HISPALIS have accepted and signed a non-disclosure agreement with HISPALIS. HISPALIS's liability may not be determined by virtue of this clause in the case of transfer of data by Internet.

14. Data protection

Any data of a personal nature that the customer provides to HISPALIS will be destined exclusively for administrative and/or information purposes. No customer data will be passed to third parties, except in the events provided for in Spanish Organic Law of 13 December 1999 on Personal Data Protection.

15. Precedence

These Terms and Conditions will be applicable as long as the provisions of the Specific Conditions of each quotation do not conflict with them. In the event that there are any discrepancies between them, the Specific Conditions prevail.

16. Applicable Law and Jurisdiction

Relations between HISPALIS and the customer shall be governed by the provisions of the Spanish legislation in force. In the event of any disputes regarding the translation or these Conditions, the parties shall be subject to the Spanish courts, with express waiver of any other jurisdiction.

The customer declares that [he/she/it] is in accordance with the entire contents of these General Conditions, which form an integral part of the contract between the customer and HISPALIS.