General Conditions of Appointment

General conditions of appointment apply to contracts between the Translator and the Client (Update approved by the National CD dated 20.10.2007) .
1. General criteria
The terms and conditions herein govern the contractual relationship between the Client and the Translator, according to criteria of good faith and fair dealing while carrying out mutual obligations.
2. Definitions
Herein are the definitions of some terms used in the text. The Client is the person who assigns the task to the Translator, whether by means of letter, fax, e- mail or any other document of legal value, and undertakes the obligation to pay the agreed fee. The Translator is the professional who transposes the text from the source language to the target language while remaining as faithful as possible to the intent of the original text, adapting where necessary. Source language is the language of the original text. Target language is the language into which the original text is translated.
3. Fees
Both parties agree, unless otherwise specified in writing, that the Translator is entitled to fees for work carried out and said fee will be agreed and specified on task assignment. In the absence of a fee rate specification, the rate shall be calculated according to current market prices at the time of appointment, using a file as the basic unit of measurement. The term “file” refers to a pre-determined amount of translated text or equal to 25 lines each containing 55- 60 characters, depending on the case.
For translation of legal papers or such as the like, the file is a text of 23 lines and 50 characters per line.
Unless otherwise agreed in writing between the parties, the minimum charge is one file.
The Translator is entitled to an additional percentage of up to 100% on top of the agreed fee in the case of an urgent assignment.
An urgent assignment is considered a task that requires the translation of more than 5-6 pages per day from the day of task assignment to task deadline; tasks with less than 24 hour notice and / or tasks which require the commitment of the Translator on holidays and/or pre-bank holidays.
For any specific requirements and/or additional services, an additional fee shall calculated separately from the translation fees.
Fees are net of VAT and INPS contributions and gross of Withholding Tax, where applicable.
This does not affect, however, the right to expressly agree in writing a lump sum fee, whether according to the number of words/lines of the source or target language, or according to any other fee rate calculation criteria.
4. Submittal
The Translator must respect the work deadline as stipulated in the task assignment. The Client agrees to submit all necessary materials and/or information to the Translator for translation work. Should the original assignment undergo any changes, the Translator can change the deadline.
The Client agrees to submit all necessary materials and/or information to the Translator for translation work within the timeframe specified in the task assignment/letter of appointment.
The translator shall not be held liable for any loss, damage or delayed delivery of the completed work in case of anomalies / malfunctions of postal or telecommunications services, or in cases of force majeure (see point 8 , Force Majeure ).
The submittal of documents and collection are at the Client’s expense.
The submittal deadline is binding only if expressly provided for in the letter of appointment/engagement/assignment. A deadline can be waivered pending written agreement of the parties and exclusively concerns the material included in the letter of appointment/engagement/assignment and any subsequent additions accepted in writing.
5. Confidentiality
Both parties agree to maintain confidentiality regarding Client material and personal data, the nature of the work performed and any other information transmitted by the Client to the Translator for translation.
On Client request, and at his expense, the Translator can insure documents during transfer.
6. Payment Terms
Payment is due, unless otherwise agreed, within 30 days from the date of submittal or date of invoice issue. In accordance with Directive 2000/35 / EC and D. L. 231/02 interest will be applied in accordance with DL 231/02 once that period has lapsed.
Should payment not made on submittal, the Translator has the right to issue, in lieu of the invoice, a payment notice followed by an invoice once the balance is paid in full.
For extensive work or assignments with a duration of more than one month, the Translator is entitled to an agreed interim fee or payment instalments.
7. Waiver
The Translator applies the waiver of social security contributions in the invoice in accordance with ex L.662/96 art.1 c.212.
8.Force Majeure
In cases of force majeure foreseen by law, the contract between the parties, shall be deemed terminated without any obligation for due compensation.
9. Termination
Unless otherwise agreed in writing, the Client has the right to terminate the contract, with the payment of a withdrawal fee equal to 10% of the full contract sum. If the Translator has already translated the assignment in part or in full, the translation shall be submitted to the Client and, the Client must pay the due fee for the part translated. It is also understood that the Translator has the right to withdraw from the contract in the event of a request for translation of texts, which in his/her sole opinion, have or may have a defamatory or illegal nature.
10. Nature of the translation
The Translator will carry out the translation of technical terms in accordance with their conventional meanings, dictionaries / glossaries in his/her possession or supplied by the Client. The Client shall indicate the name of the Translator on the publication should the translated material be published.
It is agreed, that the Translator shall not be held responsible for any subsequent additions /or changes made to the translated text without his/her written consent, nor held responsible for any consequence of such addition and / or change.
11. Liability
The Translator is directly responsible for the translation work carried out for Client. Consequently, by way of example, the Translator cannot be held liable for copyright and/or translation infringement, nor regard any legal claims emerging from the content of the original text. The Client agrees to indemnify the Translator against any inquiry, prosecution, costs or expenses emerging from the publication of defamatory material and / or illegal, for the violation of any right of ownership of patents or designs of third parties.
12. Technicalities or defects. Applicable Laws
Any dispute relating to the translation and/or the activity performed by the translator shall, under penalty of forfeiture, be formulated in accordance with the law in art. 2226 Civil Code. and within eight days of submittal, in the case of latent defects. It is understood that the contract between the Translator and the Client, unless otherwise foreseen in the terms and conditions herein, or as per different and specific written agreement between the parties, shall be governed by the rules of art. 2222 et seq. Civil Cod .
13. Jurisdiction
For all disputes concerning the Client and Translator contract and content, faults, defects, payments validity, termination and / or any other issue that may arise between the parties , the jurisdiction will be the residence of the Translator .