Terms & Conditions

A. GENERAL:

1. Every order placed with NEW ENGLAND TRANSLATIONS implies the customer’s unconditional and irrevocable acceptance of these Terms & Conditions, which the customer acknowledges having read and accepted. These conditions take precedence over any of the order and purchase conditions the customer may have, even if (i) these latter were submitted to NEW ENGLAND TRANSLATIONS even before these conditions were submitted to the customer and/or even if (ii) they exclude the applicability of these conditions.

B. ORDERS:

1. Orders must be submitted in writing by sending an order form or signed request by mail, fax or email. Orders placed by telephone must be confirmed with a duly completed and signed order form sent to NEW ENGLAND TRANSLATIONS within 48 hours subsequent to the placement of the order. In placing the order, the customer accepts the rates and Terms & Conditions of NEW ENGLAND TRANSLATIONS.

C. TRANSLATIONS:

1. For all translations, the terms and spellings indicated in approved dictionaries are considered by NEW ENGLAND TRANSLATIONS to be correct. Nevertheless, the customer can communicate in advance their own preferences concerning specific spelling or their specific choice of words.
2. If a text contains abbreviations specific to the customer, the customer is asked to provide their meaning.
3. As regards the specific field of Information Technology, technical terms in English are left as is, unless requested otherwise by the customer;
   vb.:
   - “hard disk” vs. “harde schijf” in Dutch;
   - “software” vs. “logiciel” in French.
4. All translations are subject to professional confidentiality, meaning that NEW ENGLAND TRANSLATIONS is committed to never divulging, without the customer’s agreement, the content of a document or the price quotation given for an order.

D. DELIVERY DEADLINES:

1. Unless expressly instructed in writing to the contrary, NEW ENGLAND TRANSLATIONS is not committed to meeting delivery deadlines indicated by the customer. Furthermore, delivery deadlines given by NEW ENGLAND TRANSLATIONS are purely indicative and not restricting. Any delivery outside the deadline may neither give rise to a breach of contract nor to damages, nor constitute grounds for reducing the price.

E. DELIVERY:

1. Translations are sent by fax or e-mail or, at the customer’s explicit request, delivered by hand. Costs for dispatching by mail or courier are charged to the customer.
2. NEW ENGLAND TRANSLATIONS is in no way accountable for any problems pertaining to dispatches by mail.

F. LIABILITY RESTRICTIONS:

1. NEW ENGLAND TRANSLATIONS can only be held liable in cases of wilful deception. Furthermore, any obligation NEW ENGLAND TRANSLATIONS faces is in all cases - the aforementioned notwithstanding and subject to fraud - limited to the sums invoiced and paid by the customer, as concerns the translation assignment in question. In no event will NEW ENGLAND TRANSLATIONS be held responsible for indirect damages to the customer or third parties. This type of damage does not directly ensue from a misdeed carried out by NEW ENGLAND TRANSLATIONS. “Indirect damages” is taken to mean other economic losses, loss of returns, loss of savings, loss of clientele, loss of contracts, loss of revenues, loss of time, loss of goodwill, loss of reputation, and loss or damage of data, be they contractual, extra-contractual or otherwise. This list is not restrictive.

G. PAYMENTS:

1. Unless otherwise indicated on the invoice, the invoices of NEW ENGLAND TRANSLATIONS are payable in USD within 30 days of the date of the invoice.

H. DISPUTES:

1. NEW ENGLAND TRANSLATIONS has the right to demand fixed compensation of USD 1,500 from a customer who uses a translation before having paid the invoice for said translation.
2. NEW ENGLAND TRANSLATIONS also reserves the right to begin a copyright infringement procedure in the case outlined in point H.1 above.
3. Disputes concerning translations or invoices must be communicated at the latest within 7 working days of the date of invoice, by means of registered mail with a faxed copy; in absence of this, the translation and invoice will be deemed to have been accepted.
4. In the event of a simple failure to meet the deadline, a delay interest of 10% on the sum of the invoice or on the outstanding balance of the invoice will be due ipso jure and without obligation of formal notice by registered mail.
5. Furthermore, in the event of a payment deadline not being met, the sum due will be automatically increased by 10% by way of fixed compensation, with a minimum of 100 euros, ipso jure and without obligation of formal notice by registered mail.
6. In the event that a payment or invoice deadline is not met, NEW ENGLAND TRANSLATIONS reserves the right (i) to demand immediate payment of all other invoices even those for which the deadline has not passed, and (ii) to immediately discontinue work on contracts still in progress without this being grounds for any form of compensation.
7. Only MA tribunals have jurisdiction in handling any lawsuits. All services provided and invoices issued by NEW ENGLAND TRANSLATIONS are subject to MA law.