Valid from 1 September 2021
These General Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) shall apply to the contractual relationships in connection with the provision of translation and other related services between the company meaning.ly, s.r.o., (hereinafter referred to as the “Provider”) and the client (hereinafter referred to as the “Client”).
The Provider is a business entity recorded in the Commercial Register, whose sphere of business is translation and interpreting activities.
As part of its business activities, the Provider provides the Client with translation services, the specification of which is set out in the Agreement on the Provision of Translation Services (hereinafter referred to as the “Agreement”) concluded by and between the parties.
These General Business Terms and Conditions are an integral part of the Agreement concluded by and between the Client and the Provider. If the Provider and the Client decide in the Agreement on a different wording of the terms and conditions, the arrangements contained in the Agreement shall prevail.
The Agreement between the Client and the Provider shall arise when:
a. the parties sign a written Agreement;
b. the Client places an order via the online form at www.meaningly.cz and receives an e-mail confirmation from the Provider
c. the Client provides electronic (e-mail) approval of the price offer sent by the Provider.
d. the Client sends its order to the e-mail address zakazky@meaningly.cz and receives electronic confirmation from the Provider.
The Agreement must contain all the essential elements, in particular the content and scope of the service which is the subject of performance (hereinafter referred to as the "Service"), the delivery period, delivery address, price and payment terms.
Unless otherwise agreed by the parties, the Provider shall deliver the agreed Service to the Client by sending it to the Client's e-mail address specified in the Agreement.
If the Client does not inform the Provider within 24 hours of the agreed delivery period that it has not received the agreed Service, it shall be considered to have been delivered on time.
The agreed Service shall be considered to have been delivered on time even if the Provider, based on the Client's notification, sends the order repeatedly and at the same time proves that it sent the order to the Client within the agreed period.
If the Client orders a certified translation, the Service delivery period shall begin from the moment of the delivery of the document which is the subject of the Agreement or its notarized copy to the Provider.
Unless stated otherwise, the Provider shall send the certified translation to the Client in physical (paper) form together with the source document or its officially certified copy via a postal service provider or a courier service to the address specified in the Agreement.
The certified translation shall be considered to have been delivered on the day of its delivery to the Client's address, or on the day when the Client is first invited by the postal service provider to collect the consignment, whichever occurs first.
The Provider undertakes to perform the agreed Service with due professional care and according to the specifications stated by the Client in the Agreement.
The Provider undertakes to deliver the Service within the period agreed in the Agreement. The performance of the obligation by the Provider shall not be delayed if the payment of the price for the agreed Service by the Client is delayed. The Provider shall deliver the agreed Service without undue delay immediately upon the payment of the sum owed.
The Provider undertakes to treat as confidential all facts that it learns from the documents provided by the Client in connection with the Service performance.
The Client undertakes to inform the Provider without undue delay of all facts essential for the performance of the agreed Service, especially the purpose for which the agreed Service is to be used, the required graphic design, the Service delivery method including e-mail or postal address, the electronic format in which the Service is to be delivered, or any special company terminology that the Client wishes to use for the Service performance. If the Client does not notify the Provider of any of the facts relevant to the Service performance, any discrepancy between the delivered Service and the Client's subsequent requests shall not be considered a defect that could be the subject of a complaint.
The Client is not entitled to contact persons performing activities for the Provider that are the subject of performance of the Agreement - especially translators and proofreaders - for the purpose of negotiating an order directly. In the event of a breach of such, the Client shall pay the Provider a contractual penalty at the amount of CZK 100,000.00.
The Client undertakes to inform the Provider of all facts that could affect the payment for the agreed Service, in particular information on whether a decision to declare bankruptcy has been issued on its assets, whether it has entered insolvency proceedings or whether it has entered into liquidation.
The Service shall be considered defective if it is not in accordance with the specifications included in the Agreement, in particular if it does not correspond with the purpose communicated to the Provider, or if the quality of the Service is inadequate. In all other cases, the Service shall be deemed to have been provided without defects.
The Client must complain to the Provider about defects by e-mail or in writing without undue delay at the moment when it discovered such, or with due attention should have discovered such, but no later than 2 years from the delivery of the Service.
If the Provider acknowledges legal liability for the defects, it shall be obliged to remove them at its own expense. If the Client does not accept this solution, the Provider shall offer a reasonable discount.
If a dispute arises between the Provider and the Client about the justification of the complaint and/or the amount of the offered discount, both parties undertake in the first instance to resolve this dispute out of court, i.e. by expert opinion of an independent arbitrator selected by mutual agreement from the list of court translators and interpreters kept by a competent court. The price of the expert opinion must be known to both parties in advance.
The advance payment for the preparation of the expert opinion shall be paid in equal parts by the Provider and the Client. If the expert opinion acknowledges the legitimacy of the complaint, the Provider undertakes to pay the full amount of the costs of the expert opinion. Otherwise, the Client shall pay the costs of the expert opinion in full. The party proven to be correct by the expert opinion shall be entitled to offset the advance payment.
If the dispute cannot be resolved by means of an expert opinion, the Client shall be entitled to contact the Czech Trade Inspection Authority.
The Provider shall be liable for defects up to the price of the agreed Service.
The complaint shall have no suspensory effect on the due date of the invoice for the agreed Service.
The price of the agreed Service shall be set out in the Agreement on the basis of a previous price offer sent to the Client by the Provider.
After delivery of the agreed Service, the Provider shall be obliged to issue a tax document (invoice) with a statement of the order with a due date of 14 days.
The Client shall be obliged to pay the invoice by the due date. If the payment of the invoice is delayed, the Provider shall be entitled to a contractual penalty of 0.1% of the amount due for each day of delay; this shall not affect its right to compensation for damages.
The Provider shall be entitled to include several services for the same Client in one tax document, especially in the case of a higher frequency of orders, which it has the right to charge in monthly intervals.
If the Client orders the Service from the Provider for the first time, the Provider may request payment of the agreed order before the start of its implementation.
The Client is obliged to notify the Provider of its intention to cancel the agreed order in writing or by e-mail.
The Client may cancel the order without a cancellation fee only if the Provider has not yet started its implementation. Otherwise, the Client is obliged to pay the Provider a cancellation fee at the amount corresponding to the price of the part of the order which has already been prepared.
The Provider undertakes not to disclose any confidential information that it learns in connection with the provision of the Service.
For the purposes of this Agreement, confidential information shall be considered to be information contained in source and/or target documents, translation memories, terminological glossaries, mutual communication related to the provision of the Service, etc.
Information that is publicly accessible, generally known or commonly available shall not be considered confidential.
The Provider undertakes to use the confidential information obtained from the Client only in connection with the provision of the Service to the Client.
The Provider may not provide the confidential information to a third party without the prior written consent of the Client, except for the cases set out in Sub-sections 6 and 7.
The Provider shall be entitled to provide confidential information to its employees and persons who perform activities for it that are the subject of performance of the Agreement - especially translators and proofreaders.
The Provider shall be entitled to provide confidential information obtained from the Client to a third party on the basis of a legal regulation, a court decision or a decision of another public administration body. In such a case, the Provider shall notify the Client of this fact in writing, specify the information provided and state the name of the public administration body to which the information was provided.
If one of the following events related to confidential information occurs: loss, theft, unauthorized access, misuse or disclosure, the Provider shall inform the Client in writing without undue delay.
The Client shall be entitled at any time after the delivery of the Service to request in writing that the Provider destroy all related confidential information. The Provider undertakes to comply with the request within 7 calendar days of its delivery and to draw up a report on the destruction of the data, a copy of which shall be sent to the Client without undue delay.
Rights and obligations not expressly regulated by these Business Terms and Conditions shall be governed by the relevant provisions of the Civil Code No. 89/2012 Coll.
Olomouc, 1 September 2021