1.1: The present terms of sale and delivery apply to any and all sales of services undertaken for World Translation A/S, Company Reg. No. (CVR) 28 68 05 46 (hereinafter called “World Translation”).
1.2: These terms of sale and delivery may only be waived or modified through express written agreement between World Translation and the customer.
1.3: It should be emphasised that the present terms of sale and delivery shall not be subordinate to the customer’s terms of purchase.
1.4: Any special and/or specific terms, conditions or requirements on the part of the customer, stated, for example, on the confirmation of order from the customer or in the customer’s terms of purchase, shall not be binding on World Translation, unless World Translation has expressly declared, in writing, that it accepts said terms.
2.1: Orders shall always be made in writing. Confirmations of order that are issued orally or by phone, and which are stated on the basis of quotes issued by World Translation, shall subsequently be confirmed in writing.
2.2: World Translation undertakes to perform the necessary tasks with regard to consultancy about, and the preparation and delivery of, technical documentation, translations, proofreading, layout/DTP work and other services in line with the customer’s instructions and in accordance with orders duly accepted by World Translation.
2.3: The customer undertakes to deliver texts and materials necessary for execution of the order, to provide World Translation with the necessary support, and to supply all the relevant information that the customer possesses in relation to the assignment.
2.4: The customer may request changes to an order submitted at any time, up until the time when World Translation has delivered the service in question. Should the customer request changes, World Translation shall be entitled to adjust the prices and terms of delivery originally quoted for the order in question.
2.5: Should additional work be required, the customer will be informed of such before said work is commenced. Any such work will only be initiated on reception of written approval of same from the customer.
3.1: World Translation undertakes to maintain full confidentiality in the processing of all information, data and documents that are made available by or via the customer in connection with the order or in any other way during the working relationship, and to place the results of the work at the exclusive disposal of the customer.
3.2: The same non-disclosure clause applies to any and all employees of World Translation and to the suppliers associated with World Translation at any time, even subsequent to conclusion of the employment relationship.
4.1: All results attributable to the services provided by World Translations shall be the exclusive property of the customer.
4.2: The rights of the customer do not, however, extend to World Translation’s methods, tools or general technical knowledge.
4.3: World Translation guarantees that the services delivered by World Translation do not contain rights belonging to any third party which may restrict or prohibit their use or utilisation by the customer.
4.4: World Translation shall accept no liability in the event that a third party should file claims that are unrelated to the service provided by World Translation and which therefore fall outside the scope of Section 4.3, and which restrict the customer’s rights and utilisation, and the customer shall indemnify World Translation from all claims made in this regard.
5.1: Should the customer wish to complain about errors and defects, said complaints are to be presented in writing to World Translation. The customer shall forfeit the right to claim remedy for breach of contract if the customer fails to present a complaint as soon as the customer becomes aware – or should have become aware – of the existence of any errors and defects. In any event, complaints regarding errors and defects in services are to be presented in writing no later than six (6) months after the customer received the service.
5.2: If World Translation’s services should contain errors or defects, the customer may require the errors/defects to be remedied, and World Translation has a corresponding right to rectify the work. In such cases, the proofreading process shall be free of charge. World Translation is entitled to an appropriate deadline for such rectification.
5.3: Claims for cancellation of the order, for reduction of the remuneration payable or for payment of compensation on the grounds that World Translation has not fulfilled the requirements stated in the order shall not be accepted unless the customer can document that World Translation has displayed gross negligence and has not attempted to remedy the situation, cf. Section 5.2.
5.4: World Translation shall not be held liable for errors attributable to incorrect or incomplete information from the customer, nor shall World Translation assume any liability on account of erroneous, unclear or misleading material.
5.5: World Translation and its suppliers shall not be held liable for failure to fulfil their obligations on account of circumstances that are beyond the direct control of World Translation (including, but not limited to, server failure or breakdown, burglary, fire, water damage, strike, lockout, restrictions imposed by public authorities and the like), and which are likely to delay fulfilment of the assignment or make its achievement significantly more onerous than expected on World Translation.
5.6: Irrespective of the grounds on which a claim may be raised, and regardless of the degree of negligence, World Translation shall not be held liable for indirect or consequential losses, such as loss of production, financial costs, loss of information and data, and any other indirect losses, consequential losses or similar in connection with third-party claims. Should a third party file a claim against World Translation, the customer shall compensate World Translation for any and all losses World Translation may have incurred in this context.
5.7: World Translation’s liability in relation to any single order shall not exceed DKK 200,000 unless the stated losses or damages are the result of significant neglect or deliberate actions. The period of liability is six (6) months from the date of delivery, cf. Section 7.
6.1: For services performed by World Translation, the customer shall pay a fee agreed between the customer and World Translation.
6.2: Settlement shall be made on delivery of the agreed services.
6.3: If payment is not made in a timely manner, penalty interest shall be charged from the due date on the amount owing at any time, at the rate of 2% per month or part thereof.
6.4: World Translation is entitled to issue partial invoices for the work performed for the customer if this was agreed between the parties on placement of the order, and/or if completion of the order should be delayed on account of the customer failing to fulfil his obligations under Section 2.3.
6.5: World Translation may request full or partial payment in advance for large assignments, if this is agreed between the parties on placement of the order.
6.6: In the absence of any express agreement to the contrary, World Translation’s fees and prices are quoted exclusive of VAT and the customer shall therefore be required to pay VAT in addition to the stated fee. Within the EU, the principle of “the recipient of the good or service pays the tax due” applies, and invoices are therefore calculated without VAT within the EU.
6.7: In the absence of any specific agreement to the contrary between the customer and World Translation, the terms of payment are 14 days from the date of invoice.
7.1: Delivery of the agreed services shall be made in accordance with the terms of delivery agreed on placement of order.
7.2: The delivery deadline on the individual orders will depend on the size of the order in question and will therefore be agreed on a case-by-case basis.
7.3: The customer undertakes to buy the service that was ordered, unless this service contains errors and defects that give grounds for liability.
8.1: The validity, interpretation and fulfilment of the parties’ obligations shall be regulated and interpreted in accordance with Danish law.
8.2: Any and all disputes, disagreements, claims or irregularities that may be derived from, concern, or arise in connection with the present terms of sale and delivery shall be settled at Aarhus County Court as the venue of the first instances. Both parties shall be entitled to appeal decisions under the prevailing Danish regulations. The above notwithstanding, the parties shall be entitled to institute legal proceedings against one another at the venue of the defendant, on condition that the case be brought in connection with the enforcement of a ruling handed down on the basis of the present terms of sale and delivery.