1. Client
“Client” means the natural or legal person instructing the translation agency van der Molen Vertalingen to carry out translation and/or text revision work.
2. Quotations and formation of the contract for the provision of services
2.1 Quotations specifying prices and/or delivery deadlines are non-binding and may be withdrawn or amended at any time until van der Molen Vertalingen has been able to assess the full text to be translated and/or revised.
2.2 The contract is formed when the client accepts the quotation from van der Molen Vertalingen in writing or orally, or when van der Molen Vertalingen confirms in writing an instruction given by the client. “In writing” includes email.
2.3 In principle, van der Molen Vertalingen will send the client written confirmation of the assignment. The absence of such confirmation does not affect the formation of the agreed contract.
2.4 Unless the client expressly states when placing the order that they are acting on the instructions of, in the name of and/or for the account of a third party, and provides that third party’s name and address, van der Molen Vertalingen will regard the person placing the order as the client.
2.5 If van der Molen Vertalingen has reasonable doubts about the client’s ability to meet their payment obligations, it is entitled to require additional security.
3. Delivery deadline and time of delivery
3.1 Van der Molen Vertalingen will meet the agreed delivery deadline unless it is affected by a demonstrable event of force majeure. As soon as it becomes clear that exceptional circumstances make timely delivery impossible, van der Molen Vertalingen must notify the client without delay.
3.2 Delivery takes place when van der Molen Vertalingen dispatches the work by email or ordinary post.
3.3 In connection with the performance of the assignment by van der Molen Vertalingen, the client must do everything reasonably necessary to enable timely delivery.
4. Changes to or cancellation of an assignment
4.1 If, after the contract has been formed, the client makes changes or additions that are more than minor, as assessed by van der Molen Vertalingen, van der Molen Vertalingen reserves the right to adjust the delivery deadline(s) and/or fee or to refuse the proposed changes.
4.2 Any changes to the agreed terms of the assignment after the contract has been formed take effect only upon written acceptance and confirmation by van der Molen Vertalingen. “In writing” includes email.
4.3 If the client cancels an assignment, including while work is in progress, the full agreed amount remains payable unless van der Molen Vertalingen indicates that a reduction may be granted. The amount of any reduction is at the discretion of van der Molen Vertalingen and depends, among other things, on the work already completed. Van der Molen Vertalingen will make the completed work available to the client.
5. Performance of assignments and confidentiality
5.1 Van der Molen Vertalingen undertakes to carry out translation assignments professionally, to the best of its knowledge and ability.
5.2 Erwin van der Molen carries out the translation work personally. Van der Molen Vertalingen does not outsource translation work to third parties.
5.3 To enable van der Molen Vertalingen to perform the assignment to the required standard, the client must provide the necessary information about the text to be translated, including specific terminology.
5.4 Van der Molen Vertalingen treats all information provided by the client as strictly confidential. Information about the processing and storage of personal data is set out in the privacy statement.
6. Fees, payment and collection costs
6.1 The fee is calculated by multiplying the number of words in the text to be translated (the source text) by the applicable standard rate per word, unless van der Molen Vertalingen and the client agree on a different rate. Invoices are always issued in advance.
6.2 In addition to the standard rate, van der Molen Vertalingen charges a supplement if the source text requires additional work, is of a specialist nature or requires particularly urgent delivery. This list is not exhaustive.
6.3 No VAT is charged, as van der Molen Vertalingen participates in the Dutch small businesses scheme (KOR). The minimum fee is €45.
6.4 The invoiced amount must have been credited to the account of van der Molen Vertalingen before work on the translation begins. If payment is late, the statutory rules on default and collection costs apply. Judicial costs are payable by the client to the extent provided by law or ordered by the court. Extrajudicial collection costs are calculated according to the scale in the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten). These costs are charged to a consumer only after the legally required reminder has been sent free of charge and the fourteen-day period specified in it, starting on the day after receipt of the reminder, has expired without payment.
7. Complaints and disputes
7.1 The client must notify van der Molen Vertalingen in writing of any complaint about a delivered translation as soon as possible, and no later than ten working days after delivery, stating substantive grounds and providing detailed supporting information. Submitting a complaint does not under any circumstances release the client from their payment obligation.
7.2 If the client has made no complaint by the end of the period specified in Article 7.1, the client is deemed to have accepted the work in full. Any subsequent complaint will be considered only if van der Molen Vertalingen agrees to do so.
7.3 In the event of a complaint or dispute, Erwin van der Molen personally reviews the translation and the grounds for the complaint. Van der Molen Vertalingen then sets out its position and reasons in writing.
7.4 If van der Molen Vertalingen considers the complaint to be wholly or partly justified, it will make every effort to remedy it.
8. Liability and indemnity
8.1 The client may hold van der Molen Vertalingen liable only for loss or damage that is the direct and demonstrable result of an attributable failure to perform on the part of van der Molen Vertalingen. Van der Molen Vertalingen is not liable for any other form of loss or damage, such as business losses, losses caused by delay, consequential loss or loss of profit. Van der Molen Vertalingen excludes all liability for the translation of ambiguous passages in the source text.
8.2 The liability of van der Molen Vertalingen is in any event limited to the fee charged for the assignment concerned, subject in all cases to a maximum of €2,500.
8.3 Ambiguity in the text to be translated releases the translator from all liability.
8.4 The client bears the risk of adverse consequences arising from the use of texts translated by van der Molen Vertalingen, including personal injury or economic loss. The client is expected to check the accuracy of essential items in a translation delivered by van der Molen Vertalingen, including monetary amounts, numerical values and medical terms. Van der Molen Vertalingen translates to the best of its knowledge and ability but cannot rule out omissions in all circumstances.
8.5 Van der Molen Vertalingen is not liable for damage to or loss of documents, information or data carriers supplied by the client. Nor is it liable for damage arising from the use of information technology, the internet or modern telecommunications, or from the transport or dispatch of information or data carriers.
8.6 The client indemnifies van der Molen Vertalingen against third-party claims relating to alleged infringement of property rights, patent rights, copyright or intellectual property rights.
9. Termination
9.1 If the client fails to meet their obligations, or if the client’s business becomes bankrupt, is granted a suspension of payments or goes into liquidation, van der Molen Vertalingen may terminate the current contract in whole or in part, or suspend its performance, without any obligation to pay compensation.
9.2 If extraordinary circumstances beyond its control prevent van der Molen Vertalingen from meeting its obligations, it may suspend or terminate the contract without any obligation to pay compensation. Extraordinary circumstances include, in any event, fire, accidents, strikes, riots, war, transport restrictions and government measures.
10. Copyright
10.1 Unless expressly agreed otherwise, van der Molen Vertalingen retains the copyright in texts produced by the translator.
11. Applicable law
11.1 The legal relationship between the client and van der Molen Vertalingen is governed by Dutch law in all cases. All disputes are subject to the jurisdiction of the competent Dutch court. Any legal proceedings brought by a client to hold van der Molen Vertalingen liable must be brought in the Netherlands.
12. Miscellaneous
12.1 “Van der Molen Vertalingen” means the translation agency van der Molen Vertalingen, established in Apeldoorn, the Netherlands, and registered with the Netherlands Chamber of Commerce (KvK) under number 57539413.
12.2 An up-to-date version of these general terms and conditions will be sent upon request and is available for consultation at www.vandermolenvertalingen.nl.
12.3 These general terms and conditions apply to all legal relationships between van der Molen Vertalingen and the client, to the exclusion of the client’s general terms and conditions, unless van der Molen Vertalingen has expressly agreed in writing in advance to their application.