GENERAL TERMS OF BUSINESS of ALETA EOOD
on contracts and orders for translation, legalisation, revision and other translation-related services
1. METHOD OF ACCEPTANCE AND DELIVERY
1.1. The Assignor shall assign to ALETA EOOD (hereinafter referred to as “the Assignee”) and the latter shall accept to provide the service, as specified in the Agreement or Order between the Parties.
1.2. The acceptance and delivery of the Agreement, source materials and any other documents, which are necessary or relevant to the performance of the translation order, as well as of the results of such performance (translated product, legalised document, etc.), shall be made using any of the following methods: at the Assignee’s premises, by courier service, via electronic mail, etc. In the event the acceptance and delivery will be made via electronic mail, only the electronic mail addresses specified in the Agreement will be used.
1.3. The person in charge in receipt of an Agreement, source materials and any other documents, which are necessary or relevant to the performance of the translation order, as well as of results of such performance (translated product, legalised document, etc.), shall confirm the receipt of the above by affixing of his/her signature or electronically, via return electronic mail or by using the electronic option for delivery confirmation.
2. TERM OF COMPLETION
2.1. The term of completion of the work assigned shall be specified in the Agreement or in the specific order.
2.2. For the purposes of fulfilment of any specific order may be used the services of one or more translators of the Assignee, depending on the volume and specific nature of each individual translation order.
3. PRICE, TERM AND METHOD OF PAYMENT
3.1. The price shall be specified in the Agreement and/or relevant order. If, due to specific nature of certain translation order the total value may not be precisely determined, the Assignee shall quote a provisional value. The actual total value may be lower or higher than the provisional total value quoted at the time of order placement.
3.2. The payment may be effected by wire transfer either at the time of delivery of the completed order or within a period of 3 (three) business days after the receipt of billing document, evidencing the payment amount. Any preliminary payment of part of the amounts due (advance payment) and/or payment upon completion and delivery to the Assignor of detached parts of certain translation project, before its final completion, shall be agreed in the Agreement and/or relevant order where the deadlines and volumes of the project require such method.
3.3. The bank account of the Assignee is as follows: IBAN BG65UNCR70001516275255, BIC: UNCRBGSF, UniCredit Bulbank AD.
4. ASSIGNEE’S RIGHTS AND OBLIGATIONS
4.1. The Assignee shall undertake to:
4.1.1. provide for availability of translators, proofreaders and professional editors with relevant qualifications and experience.
4.1.2. perform the order in accordance with the deadlines and prices, specified in the Agreement and/or relevant order.
4.1.3. procure information about current state of performance of the order upon demand of the Assignor.
4.1.4. keep all materials received by the Assignor and return it back after the completion of the performance of the relevant order.
4.1.5. issue to the Assignor any relevant billing documents, providing documentary evidence about payments made according to the Agreement or relevant order.
4.2. The Assignee shall be entitled to:
4.2.1. receive any required materials, related to performance of the specific order, as well as any additional information concerning certain sector-specific and detailed requirements on the part of the Assignor. The Assignee shall have the right to cancel the acceptance of new orders or to cease the performance of any order in progress, if the Assignor has provided inaccurate or insufficient information, thus rendering the performance of the order impossible.
4.2.2. carry out any required lawful acts in relation to the performance of translation orders assigned.
4.2.3. receive respective payments by the Assignor according to the terms and method of payment, as agreed in the Agreement or relevant order.
4.2.4. not to proceed with the execution of any new order in case of non-compliance with the terms agreed in the Agreement or relevant order in relation to the deadlines and method of payment.
5. ASSIGNOR’S RIGHTS AND OBLIGATIONS
5.1. The Assignor shall undertake to:
5.1.1. make available to the Assignee any required materials, related to the performance of the specific order.
5.1.2. provide any assistance to the Assignee, needed for the performance of the order on any issues within the scope of its competence.
5.1.3. effect the payments within the periods agreed in the Agreement or relevant order, and to this effect, to sign and/or procure required documents, evidencing the payment made in regard to such order.
5.1.4. In the event of refusal on the part of the Assignor to accept completed documents, the said shall owe to the Assignee the full amount agreed in the Agreement or relevant order for the completion of the work assigned.
5.2. The Assignor shall be entitled to:
5.2.1. receive back any and all materials, provided to the Assignee in relation to the performance of the specific order.
5.2.2. require information from the Assignee about current state of performance of the specific order.
5.2.3. receive from the Assignee required documents, evidencing the payments made in accordance the Agreement or relevant order.
5.2.4. The Assignor shall be entitled to cancel the execution of a specific order, assigned to the Assignee by giving a written notice thereof to the latter. In such cases the Assignor shall pay to the Assignee the part of the assigned order, already completed.
6.1. In the event that within a period of 3 (three) days after the date of receipt of completed document the Assignor fails to submit, at the Assignee’s premises or via electronic mail, a complaint in writing duly signed by an authorised person, in respect of quality of the translated product, the completed order shall be deemed to be accepted without reservations.
6.2. In the event that such a complaint is submitted, the Assignee shall rectify any inaccuracies within a period of 3 (three) days. The Assignor must indicate clearly and accurately the inaccuracies that, in their opinion, are to be rectified or removed by the Assignee.
6.3. In cases where the Assignee may decide not to accept the complaint of the Assignor, the parties shall agree to nominate three experts to assess whether such complaint is justified: one acting on the part of the Assignor, another acting on the part of the Assignee, and a third one, independent expert, chosen by mutual consent of the parties. The costs related to conducting the assessment shall be covered by the defaulting party.
7. LIMITATION OF LIABILITY
7.1. The liability of the Assignee shall be limited to any prospective damages, related to the relevant order only, provided that its maximum amount shall be limited to the total value of such order.
7.2. The Assignee shall not be liable for any errors, which are at the fault of the Assignor, due to incorrect, incomplete or late delivered information or data, or any defect or illegible texts or data.
7.3. The Assignee shall not be held liable for any damages or lost occurred during the despatch or transport of the materials to its office premises.
7.4. The Assignee shall not be held liable in following cases:
7.4.1. Circumstances beyond its control.
7.4.2. Any and all translations of texts and documents, being lost, damaged or destroyed because of earthquake, storm or other force majeure circumstances, such as war, accident, embargo, acts and bans of government and other administrative authorities, strikes, etc.
7.4.3. Any defects or peculiarities of nature of the translation of specific texts and documents, even in cases where such facts have been known at the time of acceptance of the text for translation.
7.4.4. Any and all translations of texts and documents of the Assignor left behind, as well as any translated texts and documents, being lost, stolen or misappropriated.
8. SAFEGUARDING OF TRADE SECRET
8.1. Any and all texts, data and alike, in hard copy or electronic or any other form, intended for translation, as well as any conversations carried out with translators and/or representatives of the Assignee, shall be deemed to be confidential information.
8.2. The Parties shall keep confidential any trade secrets and other data, facts, information and circumstances of which they become aware in the course of the performance of this Agreement or any specific order, including after their termination or completion, respectively.
9. TERMINATION OF AGREEMENT OR ORDER
Any arrangements made further to an agreement or order signed, may be terminated as follows:
9.1. Unilaterally by either Party giving written notice to the other Party to the Agreement or to any order in progress. The Assignee shall return to the Assignor all source materials supplied by the Assignor together with all translated products, in full or in part, that exist as of the date of receipt of such notice. The Assignor shall pay to the Assignee any amounts outstanding and due for the orders completed and for all work in progress as of the date of receipt of termination notice.
9.2. By mutual consent, provided that the Parties shall settle mutually in good faith any and all obligations, accrued during the currency of the Agreement or relevant order.
10.1. If the Assignee fails to meet the deadlines agreed for completion of the order, the said shall owe to the Assignor an indemnity in amount of 1 % (one percent) of the unpaid amount for each complete day of delay up to a maximum of 20 % (twenty percent) of the amount due under the relevant order.
10.2. In the event that the Assignor fails to pay any amount under this Agreement by the date it is due, the said shall owe to the Assignee an indemnity in amount of 1 % (one percent) of the unpaid amount for each complete day of delay up to a maximum of 20 % (twenty percent) of the amount due under the relevant order.
For any matters not explicitly settled in the Agreement or in the specific Order the provisions of the Obligations and Contracts Act and effective laws of the Republic of Bulgaria shall apply. The Parties shall attempt to resolve any dispute arising out of or related to the performance of agreements and orders by negotiations in good faith and failing that the dispute shall be referred for settlement under the procedure of the Civil Procedure Code.