The client is understood as the natural person or legal entity who grants Contentum B.V. an assignment for the performance of translation or writing work.
2.1 Offers that include quotations and/or delivery periods are, as long as Contentum B.V. has not yet been able to assess the content of the client's complete text that requires translating, editing or writing, free of obligation and may be revoked or amended at any time.
2.2 The agreement is concluded by written or oral acceptance by the client of Contentum B.V.'s offer, or by Contentum B.V.'s written confirmation of an assignment given by the client. An email also qualifies as written.
2.3 Although Contentum B.V. will strive to send the client a written confirmation of the assignment granted, this is not a condition for conclusion of the contract of assignment.
2.4 Unless the client, when giving an assignment, has expressly stated that it has acted at the direction, in the name of and/or for the account of a third party and provided that it has stated the name and address details of this third party, Contentum B.V. will consider the party who has granted Contentum B.V. the assignment as the client.
2.5 Contentum B.V. is entitled to require additional security if it has reasonable doubts about whether the client will be able to fulfil its payment obligations.
3.1 Contentum B.V. will observe the agreed delivery period, except in case of force majeure. Contentum B.V. will inform the client as soon as it becomes clear that timely delivery is not possible due to exceptional circumstances.
3.2 Delivery takes place at the time of sending by Contentum B.V. by email, ordinary mail or courier.
3.3 The client will do all that is reasonably necessary to enable timely delivery of the assignment by Contentum B.V.
4.1 If, following completion of the assignment, the client makes changes or additions, other than of a minor nature, such to be determined by Contentum B.V., Contentum B.V. reserves the right to adjust the delivery time(s) and/or fee or refuse the proposed changes.
4.2 Any changes to the agreed conditions of the assignment made after conclusion of the agreement will only become effective after written acceptance and confirmation by Contentum B.V.
4.3 The client has seven calendar days to check that the content satisfies clients request. Once this period has elapsed, the content submitted by the writers and/or translators shall be considered to have been approved by the client. This condition is strictly irrevocable.
4.4 On cancellation of the assignment, the client will owe full payment of the agreed amount, unless Contentum B.V. indicates that a discount is applicable. The size of the discount will be determined by Contentum B.V. and will depend in part on the work already carried out. Contentum B.V. will deliver the work already produced to the client.
4.5 It’s strictly forbidden for the client to try to obtain by any means whatsoever the contact information of the writers and translators in order to contact them outside of the Yuqo.com platform. If Contentum B.V. finds out that the client attempts to obtain this information, Contentum B.V. is entitled to suspend the client's account.
5.1 Contentum B.V. will perform translation and writing assignments to the best of its knowledge and ability.
5.2 Contentum B.V. has the right to engage third parties, independently operating and qualified translators and writers for the performance of assignments.
5.3 In connection with the quality of performance of the assignment desired by Contentum B.V., the client will provide necessary information about the text to be translated and/or written, including specific terminology.
5.4 Contentum B.V. will treat all information provided by the client as strictly confidential. Contentum B.V. will notify the engaged translators and writers of their duty to handle the received information as strictly confidential. Contentum B.V. accepts no liability for any unlikely breach of confidentiality by third parties.
6.1 The fee will be calculated by multiplying the number of words in the translated or written text (target text) by the applicable standard rate per word, unless Contentum B.V. agrees on a different rate with the client. The standard rates can be found on www.yuqo.com.
6.2 Alongside the standard rate, Contentum B.V. applies a surcharge if the source text to be translated is extra laborious, of a specialist nature or if the translation has to be delivered with great urgency. The above list is not exhaustive.
6.3 All rates are quoted exclusive of VAT, unless explicitly stated otherwise.
6.4 The invoice amount will be credited to Contentum B.V.'s account no later than thirty days after the invoice date. In the event of late payment, the client is immediately in default, without further notice. In the event of default, the client will owe statutory commercial interest and all other collection costs, including administration costs of Contentum B.V., amounting to € 50, as well as the administration and/or commission costs of the collection agency engaged by Contentum B.V., set at a minimum of 15% of the principal.
6.5 Clients are able to purchase credits prior to ordering, which are used to order products. It is accepted, that once purchased, credits cannot be converted back into money and that they are non-refundable.
7.1 Complaints about delivered translations will be made known to Contentum B.V. as soon as possible, at the latest within ten working days after delivery, in writing and stating substantive arguments. The submission of a complaint does not release the client from its payment obligation.
7.2 Failing the submission of complaints before expiry of the term as stated in Article 7.1, the client will be deemed to have fully accepted the deliverables and complaints will only be dealt with if Contentum B.V. consents thereto.
7.3 In the event of a complaint or dispute, Contentum B.V. will provide a formal response, including on the basis of expert comments from the (relevant) external translator(s) and/or writer(s).
7.4 If Contentum B.V. considers the complaint to be partly or entirely well-founded, Contentum B.V. will strive to resolve the matter.
8.1 Contentum B.V. can only be held liable by the client for damage directly and demonstrably resulting from shortcoming attributable to Contentum B.V. Contentum B.V. is not liable for any other forms of damage, such as trading loss, loss due to delay, consequential loss and loss of profit. Contentum B.V. rejects any liability for the translation of ambiguous parts in the source text.
8.2 The liability of Contentum B.V. is in any case limited to an amount equal to the fee charged exclusive of VAT for the assignment in question, with a maximum of € 5,000 in all cases.
8.3 The client bears the risk of adverse consequences, including personal injury or economic damage, of the use of texts translated and written by Contentum B.V. As Contentum B.V. strives to provide translations to the best of its knowledge and ability, but cannot rule out omissions, the Client will check the accuracy of essential items in a translation supplied by Contentum B.V., including monetary amounts, value figures, medical terms, etc.
8.4 Contentum B.V. accepts no liability for damage to or loss of documents, information or data carriers provided by the client. Contentum B.V. also accepts no liability for damage caused by the use of information technology, internet and modern means of telecommunication or resulting from the transport or transmission of information (carriers).
8.5 The client indemnifies Contentum B.V. against all third-party claims related to alleged infringement of ownership, patent, copyright or intellectual property rights.
9.1 If the client fails to fulfil its obligations, as well as in the event of bankruptcy, suspension of payments or liquidation of the client's business, Contentum B.V. is entitled to terminate the current agreement in whole or in part or to suspend its performance without any obligation to pay compensation.
9.2 If Contentum B.V. is unable to fulfil its obligations due to exceptional circumstances beyond its control, Contentum B.V. will be entitled to suspend or terminate the agreement without any obligation to pay damages. Exceptional circumstances are in any case considered to include fire, accidents, strikes, riots, war, transport restrictions and government measures.
10.1 Unless expressly agreed otherwise, Contentum B.V. retains the copyright to texts produced by the translators and writers.
11.1 The legal relationship between the client and Contentum B.V. is governed exclusively by Dutch law. All disputes are subject to the opinion of the competent Dutch court. If a client holds Contentum B.V. legally liable, this must always be done in the Netherlands.
12.1 Contentum B.V. is understood to mean Contentum B.V., with registered office in Schijndel in the Netherlands and listed in the Trade Register of the Chamber of Commerce under number 68018924.
12.2 A recent version of these general terms & conditions will be made available on request and is available for inspection at www.yuqo.com.
12.3 These general terms and conditions apply to all legal relationships between Contentum B.V. and the client, to the exclusion of the client's terms and conditions, unless Contentum B.V. has expressly agreed in writing in advance to their application.
12.4 Contentum B.V. reserves the right to modify these General terms & conditions at any time and without prior notice.
12.5 These general terms & conditions have been filed with the Chamber of Commerce for Brabant in Eindhoven.