Terms and conditions
- These terms and conditions are set out in order to provide a framework for a working relationship between Odista and its clients conducive to positive cooperation, in order to avoid potential misunderstandings and in order to create conditions for mutual satisfaction. Any dispute which may arise shall be resolved by mutual agreement in a spirit of openness and the parties shall resort to legal remedies only in the event that all other avenues have been exhausted.
- Besides any oral or written agreement concerning cooperation between the client and Odista, the parties accept and agree to the provisions of these terms and conditions.
- Payment and deadlines
- Odista agrees to supply the client with a binding quote or a pro-forma invoice before the commencement of work on a project. Quotes and pro-forma invoices are valid for a period of 7 days or until the completion of the project.
- Quotes are made on the basis of the current price-list, taking into account other factors listed in the price-list such as urgency, volume, subject area of text and others. The basic unit of measurement is one word of source text, unless some other unit has been agreed.
- The client agrees to make advance payment to Odista to the amount of 35% of the project total before work commences and the balance upon delivery of the final draft, unless a different payment schedule has been agreed. Odista reserves the right to withhold delivery of the final approved version of the document until full payment has been made.
- Subsequent changes to the volume, subject matter or other aspects of the project shall be documented by the issue of a new quote or pro-forma invoice.
- Each quote or pro-forma invoice shall state the deadline for the completion of work on the project. The deadline pertains to delivery of the final draft to the client, including all phases of translation, proofreading and editing prior to the final approved version. Odista undertakes to make all necessary efforts to complete work on or before the agreed deadline. Odista reserves the right to extend the deadline in the event that the client delays return of the final draft or does not respond in a timely manner to any queries relating to the project, as well as in the event of unforeseen circumstances or other objective impediments, in which case Odista agrees to inform the client no later than 24 hours before the deadline to seek its extension.
- Quality and guarantee
- In order to achieve the highest possible standard of quality, Odista needs close communication and cooperation with the client in order to resolve dilemmas, seek out optimal terminology and resolve other matters relating to the text being translated. The client is asked to appoint a contact who is authorised to take decisions concerning the content of the text in cooperation with Odista. In the event that the client does not supply such an authorised person, Odista cannot honour any claims against the guarantee based on any errors or omissions resulting from this.
- Odista guarantees the accuracy and quality of completed translations as well as their fitness for the agreed purpose. In the event of a justified claim within an initial guarantee period of 1 month after completion of the work, Odista agrees to take all corrective measures necessary to achieve a finished product which is to the satisfaction of the client. In the event that corrective measures should not yield mutually satisfactory results, Odista agrees to refund the invoiced value in whole or in proportion to the disputed part of the project. During the guarantee period, the client is responsible for ensuring that the translation is satisfactory. After expiry of the guarantee period, any claims shall be considered exclusively at the discretion of Odista.
- Limitation of indemnity: * *Odista cannot take financial responsibility for any alleged loss or damages resulting from any shortcomings, perceived or actual, of work performed beyond the invoiced value.
- Ownership of all materials subject to refund reverts to Odista and may not be used for any purpose. All use of translated materials subsequent to a refund shall be considered unauthorised and appropriate legal recourse may be taken.
- Copyright and confidentiality
- Odista shall maintain the strictest secrecy and confidentiality with regard to all materials received from the client, shall use them only for those purposes which are necessary for completion of translation and shall not make them available to any unauthorised third party. By special agreement with the client, materials may be stored and transmitted in encrypted form. Odista archives copies of all materials translated as a service to the customer (in the event of accidental loss) unless otherwise instructed.
- Odista reserves all copyright and intellectual property rights with regard to a completed translation until full payment is received from the client. All other use of translated material without express, written permission shall be considered unauthorised.
- In order to positively influence the reputation of both the client and Odista, and in order to increase the visibility of both parties on the Internet, Odista may add a backlink (with no ‘nofollow’ attribute) to the client’s website on its homepage, as well as on the References page, together with a generalised description of their prior cooperation, unless the client expressly requests that their cooperation not be made public. The client is also encouraged to include a similar link to Odista’s website on its own web pages, while for links which are present across the whole site of the client (i.e. on those parts of the page template which are present on all dynamically-generated pages, such as header, sidebar or footer), Odista may agree to additional discounts.