Terms and Conditions

General Terms and Conditions of Didacticus,s.r.o.

Art. I Introductory provisions

  1. Pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code, these general terms and conditions (hereinafter the “GTC”) constitute an integral part of the agreement concluded between the natural or legal person ordering translation or interpreting services (hereinafter the “Client”) and Didacticus, s.r.o., company ID No.: 27110001, registered office: Prague 5 - Stodůlky, U Albrechtova vrchu 1132/2, entered in register of companies kept by Prague Municipal Court, file No. C 96959 (hereinafter the “Contractor”) as the provider of these services. The Client and the Contractor are also referred to below as the participants or contracting parties. These GTC are binding for both contracting parties.

  2. The contractual relationship between the Contractor and Client arises based on either a framework agreement to secure translating/interpreting services, a contract for specific translating, proofreading or interpreting work etc (hereinafter jointly the “Agreement”). The Agreement is concluded and a contractual relationship arises upon the signing of the Agreement by Client and Contractor, or possibly also based on a written order of the Client confirmed by the Contractor. An order submitted in written form is considered to be an order delivered by the Client to the Contractor via a postal service, fax or e-mail, or an order filled out by the Client on the Didacticus website (www.didacticus.cz) after determining the price using the online calculator. An order can also be placed in person, after which it will also be confirmed in writing by the contracting parties. The Agreement is also concluded upon the Client’s confirmation of prices quoted by the Contractor for performing specified services, or delivery of such written confirmation by the Client to the Contractor (via a postal service, fax or e-mail). If the Client’s response to the prices quoted by the Contractor includes additional terms or a deviation, then the Agreement is concluded upon confirmation by the Contractor of such response. The price list of the Contractor may in advance preclude the possibility of any deviations. The Client expressly agrees to these GTC when signing the Agreement, submitting orders or confirming price quotations of the Contractor. Deviating arrangements in the Agreement take precedence over these GTC.

Art. II Definition of terms

  • Translation– written conversion of text from the source language to the target language.
  • Source language– the language in which the source (original) text is written.
  • Source text– the text to be translated (original text).
  • Source word – one word of the translated (original) text.
  • Target language– the language in which the target text (desired text) is written.
  • Target text– the translated (desired) text.
  • Standard page – text consisting of 1,800 characters (including spaces).
  • Court-certified translation (or also certified, official, sworn or with court stamp)– a translation prepared pursuant to Act No. 36/1967 Coll., on experts and interpreters, by a translator appointed by a regional court. The certified translation is inseparably bound to the original or a certified copy of the original documents translated, and is therefore in paper form – not electronic. In such a case, the Client must furnish the Contractor with the original or a certified copy of the source text.
  • Apostille– a certificate attached to a certified document serving to confirm the authenticity and validity of the document. This is a higher level of document verification – legalisation (verification of official stamps and official signatures) for documents to be used abroad. If an apostille is required for a court-certified translation, the registration of the court-certified translator is checked.
  • Superlegalisation– higher verification of a certified (legalised) document in the country where it is to be used. Not necessary for countries party to The Hague Convention or countries that have a bilateral agreement with the CR. In such case, an apostille is the final certification.
  • Proofreading – the correction or editing of a source or target text from a factual, grammatical, stylistic and typographical standpoint
    • Linguistic proofreading– checks the overall quality of translation, grammar and completeness. Any possible minor errors and typing errors are corrected. Linguistic proofreading is primarily used for materials intended for public presentation. For example, text for websites, brochures, prospectuses, catalogues, PR articles, press releases etc.
    • Expert proofreading– checks the use of special terms for the given field and the uniformity of terms used by employing a supplied or created dictionary of terms, reference texts or in another manner.
    • Stylistic proofreading– stylistic editing (e.g. the sequence of words in sentences or entire sentences, clarity and readability for the intended use, target country and target reader).
    • Pre-press proofreading– eliminates typographical errors (after processing in a DTP studio, conversion to HTML etc.), e.g. incorrectly divided words at the end of lines, shifted images or text, missing text, diacritical marks.
  • Final review by the Contractor– ensures that the appropriate proofreading has been performed for the intended use of the text ordered by the Client and that comments have been submitted. The entire text and graphics are reviewed for completeness, and the translation quality is randomly checked.
  • Graphic editing– graphic editing of text, graphs and images as desired in the appropriate graphic editor.
  • Interpreting– verbal reproduction of speech from the source language to the target language
    • Consecutive interpreting– interpreting during which the speaker pauses to allow an interpreter to repeat what has been said in the desired target language.
    • Simultaneous interpreting – interpreting while the speaker is speaking, also known as cabin interpretingwhen using equipment or whisper interpreting when not using equipment.

Court interpreting – consecutive or simultaneous interpreting provided in accordance with Act No. 36/1967 Coll., on experts and interpreters, by an interpreter appointed by a regional court.

Art. III Performance

The work to be performed consists of the services provided by the Contractor, particularly the performance of translation or interpreting services or the provision of other additional services within the scope of the Contractor’s business activity, as specified in the Agreement (hereinafter the “Work”).

Art. IV Translating and interpreting 

  1. Joint provisions
  1. Upon concluding the Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in accordance with the Agreement and these GTC.
  1. The order, respectively the Agreement concluded based upon it, contains the following information:
  • The exact name of the Client, including the headquarters or residence address and the correspondence/billing address of the Client, if these differ from the headquarters or residence address, and the company ID No. and tax ID No., if the Client has these,
  • The contact details for the Client or its authorised representative for the purpose of performing the Agreement (name, telephone and e-mail),
  • The subject of the Agreement – i.e. specification of whether the Work concerns a translation, certified translation, proofreading, interpreting, audio-visual service or other mutually approved service,
  • The price according to the current price list of the Contractor,
  • The mutually agreed date for delivery or performance of the service,
  • The intended use of the translation, especially if the text is intended for public presentation or publication, or specification of the type of interpreting,
  • Other requirements for text editing, i.e. the desired type of proofing or graphic editing of the text or format of the target document,
  • The contact details for a person who can be consulted with respect to professional terminology and abbreviations, if this differs from the Client or its authorised representative listed above,
  • The stamp and signature of the Client (for e-mail orders this is not typically required, however the Contractor is entitled to subsequently request a written order stamped and signed by the Client; such request will not affect the validity of an already confirmed electronic order).

Art. IVa Translations

  1. General provisions
  1. Upon concluding an Agreement in the manner set forth in Art. I(2) of these GTC, the Contractor agrees to perform orders for translation in accordance with the Agreement and these GTC. The contracting parties require that the Agreement include the information specified in Art. IV(1)(2) of these GTC.
  2. The Client agrees to pay the Contractor the price for the translation established in the manner given in Art. V of these GTC.
  1. Delivery of the Work
  1. The Contractor shall deliver the finished work at the time and in the manner specified in the Agreement, or in the usual manner. The usual manner of delivery is considered to be transmission via e-mail, unless prohibited by the nature of the work. The work is considered to be duly delivered to the Client if sent by the Contractor to the Client at the agreed time and in the agreed manner or usual manner.
  2. The Client shall accept the completed work and confirm proper and timely receipt.
  3. If the Client fails to meet its obligations set forth in Art. IVa(2)(2) of these GTC within 24 hours of the contracted delivery date, it is understood to have duly and properly received the Work, i.e. that the Work was delivered by the Contractor to the Client in a proper and timely manner.
  4. The delivery of the Work is not considered late if it was not delivered to the Client due to an error arising on the part of the Client, an error caused by technical means of remote communication (e.g. Internet connection) or for any other reason, provided that the Contractor delivers the Work to the Client immediately upon receiving notification from the Client requesting delivery.
  5. In the event it is not possible, due to serious objective reasons, to deliver the finished Work in the manner specified in the Agreement, the Contractor is entitled, at the cost of the Client, to select an alternative manner of delivery.
  6. If the Client refuses to accept the finished Work from the Contractor without justification, the Work is considered to have been performed and delivered and the Contractor is entitled to the payment of the price for the Work at the moment the Client refuses to accept it.
  1. Rights and obligations of the contracting parties
  1. In the event the Client does not state the purpose for which the Work will be used in the Agreement/written order, the Contractor reserves the right to provide the Client with the regular services or to request the Client to further specify the order. In such a case, the Client shall pay for the services provided by the Contractor, even if, upon delivery, it is evident that the Work performed by the Contractor cannot be used for the purpose originally intended by the Client. The Contractor is not obliged to acknowledge refund claims made for such reasons, i.e. such claims are considered unwarranted.
  2. If the Work is to be used for publication (especially in print or on the Internet), the Client must indicate this in the written order. In the event the Client does not also order pre-press proofreading of the text, it has no claim to compensation for damages caused by any possible mistakes in the translated text.
  3. The Contractor bears no responsibility for any consequences associated with the violation of copyrights of any person arising during the performance of the Work.
  4. The Client shall inform the Contractor if it wants graphic editing of documents and include their exact specifications, particularly in cases where the format of the target document differs from the format of the source document. If the Contractor is not notified of the desired graphic editing or desired format of a document, any claims related to this will not be acknowledged, i.e. such claims are considered unwarranted.
  5. The Client shall notify the Contractor without delay of the following circumstances:
  • Any change in its details, i.e. its business name/name, headquarters/residence or other information provided to the Contractor in the Agreement;
  • Any change in the contact person or change or termination of representative or any authorisation that it granted and that can be applied in negotiations with the Contractor;
  • Any other circumstances and/or changes that can reasonably be expected to unfavourably affect the ability of the Contractor to meet its obligations to the Client (e.g. filing of a motion to commence insolvency or enforcement proceedings against the Client etc.).
  1. The Contractor agrees to maintain confidentiality regarding all the information obtained from the Client while performing its contractual duties. All materials received from the Client in this regard will be considered confidential.
  2. If any creative work subject to copyright is produced while performing the Work (e.g. a copyrighted translation), then the contracting parties are subject to the applicable provisions of Act No. 121/2000 Coll., on copyright and rights related to copyright and on amendment of certain acts (the Copyright Act).
  3. Claims
  1. The finished Work is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact details for a contact person,
  2. b) A description of the claimed defect, frequency and proposed resolution.
  3. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVa(4)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  4. In the event the Contractor acknowledges the claim of the Client to be warranted, it will arrange for the appropriate correction or editing of the Work at its own cost or will provide the Client with an adequate discount. The contracting parties agree that the Client is not entitled to request a discount on the price of the Work if (a) the Contractor is prepared to eliminate the claimed defect; (b) the Contractor begins work on eliminating the defect without delay; (c) and the Contractor eliminates the defect within a reasonable time.
  5. If the Client has reservations regarding the quality of the Work and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  6. If the Client is entitled to a discount, the amount of the discount is subject to agreement between the contracting parties. If the contracting parties are not able to come to an agreement, they will abide by the assessment of an independent arbitrator they agree upon selected from the ranks of court-certified interpreters and translators. The costs associated with preparing such expert assessment will be paid for in advance by the contracting parties, each providing 50% of the anticipated costs. Accounts shall then be settled based on the results of the assessment, and the party that loses the dispute shall pay all the costs of the other party.
  7. The Client shall provide the Contractor with all cooperation necessary to eliminate defects.
  8. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  9. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective performance without delay after accepting the translation, but no later than within 90 days of delivery. Once this deadline has passed, no claims for defective performance may be made.

Art. IVb Interpreting

  1. General provisions
  1. Afterconcluding an Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in the designated language, at the agreed time and place, and in accordance with the Agreement and these GTC. The essential attributes of the Agreement are considered by the contracting parties to be information according to Art. IV(1)(2) of these GTC and the exact specification of the place, time and type of interpreting.
  2. The Client agrees to pay the Contractor the price for interpreting established in the manner specified in Art. V of these GTC.
  3. An interpreting day is understood to be 8 hours including breaks. All breaks and interruptions are counted towards the total time of interpreting. The Client shall provide a break for the interpreter for food and rest of at least half an hour following no more than four-and-a-half hours of interpreting.
  1. Time of interpreting
  1. The Client shall enable interpreting at the time and in the manner stated in the order/Agreement.
  2. Directly after the interpreting is finished, the Client or authorised representative shall confirm in writing that the interpreting took place and indicate whether it was performed properly.
  3. If the Client refuses without justification to confirm that the Work was performed, it is considered to have been performed and the Contractor gains entitlement to payment of the price agreed for the Work at the moment the Client refuses to confirm the performance of the order.
  1. Rights and obligations
  1. If the Contractor is not informed by the Client of the purpose for which the Work is intended, later related claims will not be acknowledged, i.e. such claims are considered unwarranted.
  2. The Client shall inform the Contractor whether an audio recording or other recording will be made of the interpreting. The Contractor bears no responsibility for any possible consequences associated with violation of copyright by any person when performing the order.
  3. If, during the interpreting, it is necessary to use jargon or other special terms, abbreviations etc. that the Client would like used, then it must supply appropriate additional material or provide a contact person who can be consulted for the appropriate terminology, sufficiently in advance (at least 4 days) before the start of interpreting. The Client shall also furnish the Contractor with the agenda of the interpreting and related texts for the interpreter to prepare, all at least 4 days in advance. If it fails to do so, no consideration will be given to claims regarding the terminology used by the interpreter, i.e. such claims are considered unwarranted.
  4. The Client is not entitled to request any other activity from the interpreter beyond the scope of the Agreement (e.g. a written translation, minutes of a meeting, guide or organisational services).
  5. The Client shall ensure adequate conditions for interpreting, including technical equipment if this is not ordered from the Contractor.
  6. The interpreter sent by the Contractor shall have a smart appearance and be properly dressed according to the type of interpreting.
  7. The interpreter shall work according to the usual practices in the profession and perform the Work conscientiously to the best of their ability.
  8. The Contractor is entitled to payment for the entire amount of time booked for the interpreting, even if the Client does not fully utilise this time.
  9. Each additional hour begun beyond the scope of the original order/Agreement will be billed proportionally according to the price of the interpreting in the order/Agreement. This shall not affect the right of the Contractor to charge the Client an additional fee according to Art. V.(9) of these GTC.
  1. Transportation, accommodation and meals
  1. The Client shall arrange transportation for the interpreter from a designated place to the location of the Work, and this transportation will be appropriate with regard to the distance to be travelled.
  2. If the interpreter uses their own transportation, the Client shall reimburse the Contractor for the full amount of the interpreter’s travel expenses.
  3. If the work is in another location and the time worked exceeds 8 hours and/or interpreting services are provided past 8 pm and/or the interpreter is not provided with transportation back to their residence, the Client shall provide accommodation for the interpreter in a single-bed room with bathroom. The Contractor is entitled to compensation for time spent by the interpreter related to providing the interpreting (e.g. time spent traveling to the place of the Work). The amount of this compensation shall be CZK 250 for each commenced half hour, unless agreed to otherwise.
  1. Claims
  1. The interpreting is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact information for a contact person,
  2. b) A description of the claimed defect and potentially its frequency.
  1. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVb(5)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  2. In the event that the Contractor acknowledges the claim of the Client to be warranted, it will provide a corresponding discount on the price.
  3. If the Client has reservations regarding the quality of the Work (interpreting) and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  4. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  5. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective interpreting without delay after determining such defect, but no later than within 90 days after the interpreting is finished according to the Agreement. Once this deadline has passed, no claims for defective performance may be made.

Art. V Prices

  1. The prices of all services / Work are contractual and arranged between the Client and the Contractor in the Agreement concluded in one of the manners specified in Art. I(2) of these GTC.
  2. All prices are listed without VAT. The Contractor is a payer of value-added tax. The Contractor will add to the price the value-added tax applicable at the time of the taxable performance in accordance with current legal regulations.
  3. Each payment made by the Client to the Contractor’s account is first counted towards the payment of contractual penalties, then the payment of accessions and then the payment of the price of the Work.
  4. The rates for translation are set based on the type of translation, the language combination, the difficulty of the text, the quality of the source text, the speed at which the work is performed, the desired graphic editing, file format or other requirements of the Client.
  5. The rates for interpreting primarily depend on the type of interpreting (consecutive or simultaneous) and the language combination.
  6. The billing unit for translations and proofreading is one source word or, in exceptional cases, one standard page. For certified translations the price is calculated according to the number of standard pages of the finished translation (target text). The number of standard pages of translated text is rounded up, i.e. if the number of characters on a page of finished translation (target text) is less than a standard page, it is still considered a standard page, and this applies separately for each target text (e.g. contracts, amendments, letters).
  7. If the source text is in a format where the number of source words cannot be determined electronically, or is in printed form, then the price is calculated according to the number of target (translated) words. In this case, the price quoted will be an approximate estimate of the number of words while the price charged will be according to the actual number of words in the translated text (in the target language) with a surcharge of 10% (due to necessary graphic editing of the document).
  8. The minimum charge for translations from or into Czech is CZK 200, for translations between foreign languages it is CZK 400.
  9. The Contractor is entitled to add surcharges for work on weekends and holidays, translations or transcriptions from an audio or video recording, translations from poorly legible source materials or for express translations (more than 2,000 source words per working day per translator), while the amounts of these surcharges will be listed in the current price list of the Contractor.

Art. VI Payment terms

  1. The basis of payment for work performed is an invoice issued by the Contractor, payable by the date stated therein. Payment of invoices is typically due within 14 days, unless agreed otherwise.
  2. In accordance with Section 26(3) of Act No. 235/2004 Coll., on value-added tax, as subsequently amended, the Client agrees that the Contractor will issue billing electronically.
  3. The Contractor will issue an invoice for the Client at the moment the Work is delivered or interpreting completed, unless specified otherwise in these GTC.
  4. The Contractor is entitled to issue the Client with a pro forma invoice before commencing the Work or while it is being performed. Such pro forma invoice is payable by the date given therein. If the Agreement states that the Contractor is not to bill the Client until the Work is completed, yet the performance of the Work is unduly delayed through fault of the Client (for example, because of graphic editing, programming or corrections by the Client) by longer than 1 month, then the Contractor is entitled to issue the Client with a pro forma invoice.
  5. If payment for the Work is late, the Client shall pay the Contractor a contractual penalty amounting to 0.2% of the amount owed for each commenced day of default, unless stated otherwise in the Agreement.

Art. VII Withdrawal from the Agreement and compensation

  1. Each contracting party is entitled to withdraw from the Agreement if, after concluding the Agreement, unavoidable obstacles arise on its part that prevent it from performing the Work. Notice of withdrawal from the Agreement must be made in writing, effective on the day of delivery to the other contracting party, unless a later date is stated therein. Upon request of the Client, the Contractor shall hand over any portion of the Work already completed once the Client has paid the Contractor the costs and cancellation fees according to Art. VII(2) and (3) of these GTC. Such Work will be in the condition it was found on the day of withdrawal from the Agreement. In such a case, the Contractor is not responsible for the quality of the completed portion of the Work and the Client is not entitled to make any claims for this part of the Work.
  2. In the event the Client withdraws from the Agreement, it shall pay the Contractor all the costs incurred, including cancellation fees.
    1. For all translating services, the cancellation fee is equal to the price of the portion of the Work already completed.
    2. For interpreting, the cancellation fee depends on the scope of the interpreting ordered and the number of days remaining until the start of the interpreting:

-     10 to 5 days before the scheduled start of interpreting, the cancellation fee is 20% of the price of the Work ordered,

-     4 to 2 days before the scheduled start of interpreting, the cancellation fee is 50% of the price of the Work ordered,

-     1 day before the scheduled start of interpreting, the cancellation fee is 100% of the price of the Work ordered.

  1. Immediately after withdrawing from the Agreement, the Contractor will issue the Client an invoice for costs or cancellation fees according to Art. VII(2) of these GTC payable within 14 days, unless stated otherwise in the invoice.
  2. The Contractor is not liable to the Client for damages incurred through failure to perform the Agreement if these arise due to unforeseeable and unavoidable circumstances beyond the Contractor’s control. The Contractor is not liable for any lost earnings of the Client or any special, indirect, economic or subsequent losses of the Client.

Art. VIII Special provisions

  1. The Client agrees not to contact a translator or interpreter working for the Contractor without the express consent of the Contractor.
  2. If the Client obtains consent from the Contractor to contact a translator or interpreter working for the Contractor, the Client agrees not to discuss matters concerning the terms and conditions of the Work with the translator or interpreter.
  3. If the Client violates any of its obligations set forth in Art. VIII(1) or (2) of these GTC, it shall pay the Contractor a contractual penalty of CZK 50,000 for each individual violation, even in the event the Work is not properly completed or one of the contracting parties withdraws from the Agreement, etc. This shall not affect the right to compensation for damages incurred by the Contractor caused by a violation of Art. VIII(1) or (2) of these GTC.
  4. The Contractor is entitled to include the Client in its list of references, unless stated otherwise in the Agreement.
  5. In concluding the Agreement, the Client grants the Contractor consent to the collection, processing and use of personal data for purposes to which the Client gave its express consent, for protecting the rights and justified interests of the Contractor, meeting the obligations of the Contractor established by special laws, meeting obligations of the Agreement, and for the internal needs of the Contractor.
  6. Personal data of the Client is collected and processed directly by the Contractor and its employees in the Czech Republic, automatically or manually in electronic form, or manually in printed form.
  7. The Client has been duly notified of the collection, processing and storage of personal data for the purposes set forth in these GTC and in the Agreement; it has been informed of the fact that its personal data is provided to the Contractor voluntarily, and that it may withdraw consent for the processing of personal data at any time by sending written notice to the address of the Contractor; the Contractor has informed the Client of its right to access its personal data and correct it to the extent and under the conditions set forth in Section 12 of the Personal Data Protection Act. The Clienthas also been informed by the Contractor of other rights ensuing from the Personal Data Protection Act., e.g. Section 21 of this Act.

Art. IX Final provisions

  1. The General Terms and Conditions of the Contractor and the price list of the Contractor are integral parts of the Agreement concluded between the Contractor and the Client.
  2. Unless determined otherwise herein, the legal relations between the contracting parties are governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, and other applicable legal regulations.
  3. The contracting parties have agreed that these GTC may be unilaterally changed or supplemented by the Contractor. This provision shall not affect the rights and obligations arising while a previous version of the GTC was in effect. The current wording of the valid and effective GTC is available on the website of the Contractor. Any changes or additions to the GTC become effective upon their date of issue and publication on the website of the Contractor.
  4. The Client will be notified in a suitable manner of any change and/or addition to the GTC, while suitable methods for this are considered to be:
  5. publication on the website of the Contractor (www.didacticus.cz);
  6. notification of the publication of a new version of the GTC sent to the e-mail address of the Client;
  7. sending the new version of the GTC to the e-mail address of the Client;
  8. sending the new version of the GTC in printed form to the correspondence address of the Client, while the method of notification remains at the discretion of the Contractor.
  9. In the event a change or addition to these GTC affects an Agreement that has already been concluded, the Client has the right to reject the change or addition to these GTC and, for such reason, to withdraw from the Agreement in writing no later than on the date such change and/or addition to the GTC takes effect, provided the Client was notified of the change or addition at least 14 days before it is to take effect, or possibly within 14 days of being notified of the change or addition if notified of the change or addition to the GTC within a shorter time or after the changed or supplemented GTC went into effect. If the Client fails to exercise this right within the given time, it is understood to have agreed to the changed or supplemented GTC.
  10. In the event any provision of these GTC becomes invalid, unenforceable or null, such invalidity, unenforceability or nullity shall not cause the remaining provisions of the GTC to become invalid, unenforceable or null.
  11. The contracting parties exclude the application of Section 557 of Act No. 89/2012 Coll., the Civil Code.
  12. The text of these GTC is binding for the participants.

These GTC become valid and effective on __/ ___/ 2016.

for Didacticus, s.r.o.
Ing. Milan Havlín, Executive

 

GENERAL TERMS AND CONDITIONS FOR TRANSLATION AND INTERPRETING SERVICES issued pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code Didacticus, s.r.o., registered office U Albrechtova vrchu 1132/2, Prague 5 - Stodůlky, postcode 155 00, company ID No. 27110001, registered with the Prague Municipal Court, entry No. C 96959

General Terms and Conditions of Didacticus,s.r.o.

Art. I Introductory provisions

  1. Pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code, these general terms and conditions (hereinafter the “GTC”) constitute an integral part of the agreement concluded between the natural or legal person ordering translation or interpreting services (hereinafter the “Client”) and Didacticus, s.r.o., company ID No.: 27110001, registered office: Prague 5 - Stodůlky, U Albrechtova vrchu 1132/2, entered in register of companies kept by Prague Municipal Court, file No. C 96959 (hereinafter the “Contractor”) as the provider of these services. The Client and the Contractor are also referred to below as the participants or contracting parties. These GTC are binding for both contracting parties.

  2. The contractual relationship between the Contractor and Client arises based on either a framework agreement to secure translating/interpreting services, a contract for specific translating, proofreading or interpreting work etc (hereinafter jointly the “Agreement”). The Agreement is concluded and a contractual relationship arises upon the signing of the Agreement by Client and Contractor, or possibly also based on a written order of the Client confirmed by the Contractor. An order submitted in written form is considered to be an order delivered by the Client to the Contractor via a postal service, fax or e-mail, or an order filled out by the Client on the Didacticus website (www.didacticus.cz) after determining the price using the online calculator. An order can also be placed in person, after which it will also be confirmed in writing by the contracting parties. The Agreement is also concluded upon the Client’s confirmation of prices quoted by the Contractor for performing specified services, or delivery of such written confirmation by the Client to the Contractor (via a postal service, fax or e-mail). If the Client’s response to the prices quoted by the Contractor includes additional terms or a deviation, then the Agreement is concluded upon confirmation by the Contractor of such response. The price list of the Contractor may in advance preclude the possibility of any deviations. The Client expressly agrees to these GTC when signing the Agreement, submitting orders or confirming price quotations of the Contractor. Deviating arrangements in the Agreement take precedence over these GTC.

Art. II Definition of terms

  • Translation– written conversion of text from the source language to the target language.
  • Source language– the language in which the source (original) text is written.
  • Source text– the text to be translated (original text).
  • Source word – one word of the translated (original) text.
  • Target language– the language in which the target text (desired text) is written.
  • Target text– the translated (desired) text.
  • Standard page – text consisting of 1,800 characters (including spaces).
  • Court-certified translation (or also certified, official, sworn or with court stamp)– a translation prepared pursuant to Act No. 36/1967 Coll., on experts and interpreters, by a translator appointed by a regional court. The certified translation is inseparably bound to the original or a certified copy of the original documents translated, and is therefore in paper form – not electronic. In such a case, the Client must furnish the Contractor with the original or a certified copy of the source text.
  • Apostille– a certificate attached to a certified document serving to confirm the authenticity and validity of the document. This is a higher level of document verification – legalisation (verification of official stamps and official signatures) for documents to be used abroad. If an apostille is required for a court-certified translation, the registration of the court-certified translator is checked.
  • Superlegalisation– higher verification of a certified (legalised) document in the country where it is to be used. Not necessary for countries party to The Hague Convention or countries that have a bilateral agreement with the CR. In such case, an apostille is the final certification.
  • Proofreading – the correction or editing of a source or target text from a factual, grammatical, stylistic and typographical standpoint
    • Linguistic proofreading– checks the overall quality of translation, grammar and completeness. Any possible minor errors and typing errors are corrected. Linguistic proofreading is primarily used for materials intended for public presentation. For example, text for websites, brochures, prospectuses, catalogues, PR articles, press releases etc.
    • Expert proofreading– checks the use of special terms for the given field and the uniformity of terms used by employing a supplied or created dictionary of terms, reference texts or in another manner.
    • Stylistic proofreading– stylistic editing (e.g. the sequence of words in sentences or entire sentences, clarity and readability for the intended use, target country and target reader).
    • Pre-press proofreading– eliminates typographical errors (after processing in a DTP studio, conversion to HTML etc.), e.g. incorrectly divided words at the end of lines, shifted images or text, missing text, diacritical marks.
  • Final review by the Contractor– ensures that the appropriate proofreading has been performed for the intended use of the text ordered by the Client and that comments have been submitted. The entire text and graphics are reviewed for completeness, and the translation quality is randomly checked.
  • Graphic editing– graphic editing of text, graphs and images as desired in the appropriate graphic editor.
  • Interpreting– verbal reproduction of speech from the source language to the target language
    • Consecutive interpreting– interpreting during which the speaker pauses to allow an interpreter to repeat what has been said in the desired target language.
    • Simultaneous interpreting – interpreting while the speaker is speaking, also known as cabin interpretingwhen using equipment or whisper interpreting when not using equipment.

Court interpreting – consecutive or simultaneous interpreting provided in accordance with Act No. 36/1967 Coll., on experts and interpreters, by an interpreter appointed by a regional court.

Art. III Performance

The work to be performed consists of the services provided by the Contractor, particularly the performance of translation or interpreting services or the provision of other additional services within the scope of the Contractor’s business activity, as specified in the Agreement (hereinafter the “Work”).

Art. IV Translating and interpreting 

  1. Joint provisions
  1. Upon concluding the Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in accordance with the Agreement and these GTC.
  1. The order, respectively the Agreement concluded based upon it, contains the following information:
  • The exact name of the Client, including the headquarters or residence address and the correspondence/billing address of the Client, if these differ from the headquarters or residence address, and the company ID No. and tax ID No., if the Client has these,
  • The contact details for the Client or its authorised representative for the purpose of performing the Agreement (name, telephone and e-mail),
  • The subject of the Agreement – i.e. specification of whether the Work concerns a translation, certified translation, proofreading, interpreting, audio-visual service or other mutually approved service,
  • The price according to the current price list of the Contractor,
  • The mutually agreed date for delivery or performance of the service,
  • The intended use of the translation, especially if the text is intended for public presentation or publication, or specification of the type of interpreting,
  • Other requirements for text editing, i.e. the desired type of proofing or graphic editing of the text or format of the target document,
  • The contact details for a person who can be consulted with respect to professional terminology and abbreviations, if this differs from the Client or its authorised representative listed above,
  • The stamp and signature of the Client (for e-mail orders this is not typically required, however the Contractor is entitled to subsequently request a written order stamped and signed by the Client; such request will not affect the validity of an already confirmed electronic order).

Art. IVa Translations

  1. General provisions
  1. Upon concluding an Agreement in the manner set forth in Art. I(2) of these GTC, the Contractor agrees to perform orders for translation in accordance with the Agreement and these GTC. The contracting parties require that the Agreement include the information specified in Art. IV(1)(2) of these GTC.
  2. The Client agrees to pay the Contractor the price for the translation established in the manner given in Art. V of these GTC.
  1. Delivery of the Work
  1. The Contractor shall deliver the finished work at the time and in the manner specified in the Agreement, or in the usual manner. The usual manner of delivery is considered to be transmission via e-mail, unless prohibited by the nature of the work. The work is considered to be duly delivered to the Client if sent by the Contractor to the Client at the agreed time and in the agreed manner or usual manner.
  2. The Client shall accept the completed work and confirm proper and timely receipt.
  3. If the Client fails to meet its obligations set forth in Art. IVa(2)(2) of these GTC within 24 hours of the contracted delivery date, it is understood to have duly and properly received the Work, i.e. that the Work was delivered by the Contractor to the Client in a proper and timely manner.
  4. The delivery of the Work is not considered late if it was not delivered to the Client due to an error arising on the part of the Client, an error caused by technical means of remote communication (e.g. Internet connection) or for any other reason, provided that the Contractor delivers the Work to the Client immediately upon receiving notification from the Client requesting delivery.
  5. In the event it is not possible, due to serious objective reasons, to deliver the finished Work in the manner specified in the Agreement, the Contractor is entitled, at the cost of the Client, to select an alternative manner of delivery.
  6. If the Client refuses to accept the finished Work from the Contractor without justification, the Work is considered to have been performed and delivered and the Contractor is entitled to the payment of the price for the Work at the moment the Client refuses to accept it.
  1. Rights and obligations of the contracting parties
  1. In the event the Client does not state the purpose for which the Work will be used in the Agreement/written order, the Contractor reserves the right to provide the Client with the regular services or to request the Client to further specify the order. In such a case, the Client shall pay for the services provided by the Contractor, even if, upon delivery, it is evident that the Work performed by the Contractor cannot be used for the purpose originally intended by the Client. The Contractor is not obliged to acknowledge refund claims made for such reasons, i.e. such claims are considered unwarranted.
  2. If the Work is to be used for publication (especially in print or on the Internet), the Client must indicate this in the written order. In the event the Client does not also order pre-press proofreading of the text, it has no claim to compensation for damages caused by any possible mistakes in the translated text.
  3. The Contractor bears no responsibility for any consequences associated with the violation of copyrights of any person arising during the performance of the Work.
  4. The Client shall inform the Contractor if it wants graphic editing of documents and include their exact specifications, particularly in cases where the format of the target document differs from the format of the source document. If the Contractor is not notified of the desired graphic editing or desired format of a document, any claims related to this will not be acknowledged, i.e. such claims are considered unwarranted.
  5. The Client shall notify the Contractor without delay of the following circumstances:
  • Any change in its details, i.e. its business name/name, headquarters/residence or other information provided to the Contractor in the Agreement;
  • Any change in the contact person or change or termination of representative or any authorisation that it granted and that can be applied in negotiations with the Contractor;
  • Any other circumstances and/or changes that can reasonably be expected to unfavourably affect the ability of the Contractor to meet its obligations to the Client (e.g. filing of a motion to commence insolvency or enforcement proceedings against the Client etc.).
  1. The Contractor agrees to maintain confidentiality regarding all the information obtained from the Client while performing its contractual duties. All materials received from the Client in this regard will be considered confidential.
  2. If any creative work subject to copyright is produced while performing the Work (e.g. a copyrighted translation), then the contracting parties are subject to the applicable provisions of Act No. 121/2000 Coll., on copyright and rights related to copyright and on amendment of certain acts (the Copyright Act).
  3. Claims
  1. The finished Work is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact details for a contact person,
  2. b) A description of the claimed defect, frequency and proposed resolution.
  3. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVa(4)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  4. In the event the Contractor acknowledges the claim of the Client to be warranted, it will arrange for the appropriate correction or editing of the Work at its own cost or will provide the Client with an adequate discount. The contracting parties agree that the Client is not entitled to request a discount on the price of the Work if (a) the Contractor is prepared to eliminate the claimed defect; (b) the Contractor begins work on eliminating the defect without delay; (c) and the Contractor eliminates the defect within a reasonable time.
  5. If the Client has reservations regarding the quality of the Work and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  6. If the Client is entitled to a discount, the amount of the discount is subject to agreement between the contracting parties. If the contracting parties are not able to come to an agreement, they will abide by the assessment of an independent arbitrator they agree upon selected from the ranks of court-certified interpreters and translators. The costs associated with preparing such expert assessment will be paid for in advance by the contracting parties, each providing 50% of the anticipated costs. Accounts shall then be settled based on the results of the assessment, and the party that loses the dispute shall pay all the costs of the other party.
  7. The Client shall provide the Contractor with all cooperation necessary to eliminate defects.
  8. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  9. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective performance without delay after accepting the translation, but no later than within 90 days of delivery. Once this deadline has passed, no claims for defective performance may be made.

Art. IVb Interpreting

  1. General provisions
  1. Afterconcluding an Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in the designated language, at the agreed time and place, and in accordance with the Agreement and these GTC. The essential attributes of the Agreement are considered by the contracting parties to be information according to Art. IV(1)(2) of these GTC and the exact specification of the place, time and type of interpreting.
  2. The Client agrees to pay the Contractor the price for interpreting established in the manner specified in Art. V of these GTC.
  3. An interpreting day is understood to be 8 hours including breaks. All breaks and interruptions are counted towards the total time of interpreting. The Client shall provide a break for the interpreter for food and rest of at least half an hour following no more than four-and-a-half hours of interpreting.
  1. Time of interpreting
  1. The Client shall enable interpreting at the time and in the manner stated in the order/Agreement.
  2. Directly after the interpreting is finished, the Client or authorised representative shall confirm in writing that the interpreting took place and indicate whether it was performed properly.
  3. If the Client refuses without justification to confirm that the Work was performed, it is considered to have been performed and the Contractor gains entitlement to payment of the price agreed for the Work at the moment the Client refuses to confirm the performance of the order.
  1. Rights and obligations
  1. If the Contractor is not informed by the Client of the purpose for which the Work is intended, later related claims will not be acknowledged, i.e. such claims are considered unwarranted.
  2. The Client shall inform the Contractor whether an audio recording or other recording will be made of the interpreting. The Contractor bears no responsibility for any possible consequences associated with violation of copyright by any person when performing the order.
  3. If, during the interpreting, it is necessary to use jargon or other special terms, abbreviations etc. that the Client would like used, then it must supply appropriate additional material or provide a contact person who can be consulted for the appropriate terminology, sufficiently in advance (at least 4 days) before the start of interpreting. The Client shall also furnish the Contractor with the agenda of the interpreting and related texts for the interpreter to prepare, all at least 4 days in advance. If it fails to do so, no consideration will be given to claims regarding the terminology used by the interpreter, i.e. such claims are considered unwarranted.
  4. The Client is not entitled to request any other activity from the interpreter beyond the scope of the Agreement (e.g. a written translation, minutes of a meeting, guide or organisational services).
  5. The Client shall ensure adequate conditions for interpreting, including technical equipment if this is not ordered from the Contractor.
  6. The interpreter sent by the Contractor shall have a smart appearance and be properly dressed according to the type of interpreting.
  7. The interpreter shall work according to the usual practices in the profession and perform the Work conscientiously to the best of their ability.
  8. The Contractor is entitled to payment for the entire amount of time booked for the interpreting, even if the Client does not fully utilise this time.
  9. Each additional hour begun beyond the scope of the original order/Agreement will be billed proportionally according to the price of the interpreting in the order/Agreement. This shall not affect the right of the Contractor to charge the Client an additional fee according to Art. V.(9) of these GTC.
  1. Transportation, accommodation and meals
  1. The Client shall arrange transportation for the interpreter from a designated place to the location of the Work, and this transportation will be appropriate with regard to the distance to be travelled.
  2. If the interpreter uses their own transportation, the Client shall reimburse the Contractor for the full amount of the interpreter’s travel expenses.
  3. If the work is in another location and the time worked exceeds 8 hours and/or interpreting services are provided past 8 pm and/or the interpreter is not provided with transportation back to their residence, the Client shall provide accommodation for the interpreter in a single-bed room with bathroom. The Contractor is entitled to compensation for time spent by the interpreter related to providing the interpreting (e.g. time spent traveling to the place of the Work). The amount of this compensation shall be CZK 250 for each commenced half hour, unless agreed to otherwise.
  1. Claims
  1. The interpreting is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact information for a contact person,
  2. b) A description of the claimed defect and potentially its frequency.
  1. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVb(5)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  2. In the event that the Contractor acknowledges the claim of the Client to be warranted, it will provide a corresponding discount on the price.
  3. If the Client has reservations regarding the quality of the Work (interpreting) and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  4. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  5. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective interpreting without delay after determining such defect, but no later than within 90 days after the interpreting is finished according to the Agreement. Once this deadline has passed, no claims for defective performance may be made.

Art. V Prices

  1. The prices of all services / Work are contractual and arranged between the Client and the Contractor in the Agreement concluded in one of the manners specified in Art. I(2) of these GTC.
  2. All prices are listed without VAT. The Contractor is a payer of value-added tax. The Contractor will add to the price the value-added tax applicable at the time of the taxable performance in accordance with current legal regulations.
  3. Each payment made by the Client to the Contractor’s account is first counted towards the payment of contractual penalties, then the payment of accessions and then the payment of the price of the Work.
  4. The rates for translation are set based on the type of translation, the language combination, the difficulty of the text, the quality of the source text, the speed at which the work is performed, the desired graphic editing, file format or other requirements of the Client.
  5. The rates for interpreting primarily depend on the type of interpreting (consecutive or simultaneous) and the language combination.
  6. The billing unit for translations and proofreading is one source word or, in exceptional cases, one standard page. For certified translations the price is calculated according to the number of standard pages of the finished translation (target text). The number of standard pages of translated text is rounded up, i.e. if the number of characters on a page of finished translation (target text) is less than a standard page, it is still considered a standard page, and this applies separately for each target text (e.g. contracts, amendments, letters).
  7. If the source text is in a format where the number of source words cannot be determined electronically, or is in printed form, then the price is calculated according to the number of target (translated) words. In this case, the price quoted will be an approximate estimate of the number of words while the price charged will be according to the actual number of words in the translated text (in the target language) with a surcharge of 10% (due to necessary graphic editing of the document).
  8. The minimum charge for translations from or into Czech is CZK 200, for translations between foreign languages it is CZK 400.
  9. The Contractor is entitled to add surcharges for work on weekends and holidays, translations or transcriptions from an audio or video recording, translations from poorly legible source materials or for express translations (more than 2,000 source words per working day per translator), while the amounts of these surcharges will be listed in the current price list of the Contractor.

Art. VI Payment terms

  1. The basis of payment for work performed is an invoice issued by the Contractor, payable by the date stated therein. Payment of invoices is typically due within 14 days, unless agreed otherwise.
  2. In accordance with Section 26(3) of Act No. 235/2004 Coll., on value-added tax, as subsequently amended, the Client agrees that the Contractor will issue billing electronically.
  3. The Contractor will issue an invoice for the Client at the moment the Work is delivered or interpreting completed, unless specified otherwise in these GTC.
  4. The Contractor is entitled to issue the Client with a pro forma invoice before commencing the Work or while it is being performed. Such pro forma invoice is payable by the date given therein. If the Agreement states that the Contractor is not to bill the Client until the Work is completed, yet the performance of the Work is unduly delayed through fault of the Client (for example, because of graphic editing, programming or corrections by the Client) by longer than 1 month, then the Contractor is entitled to issue the Client with a pro forma invoice.
  5. If payment for the Work is late, the Client shall pay the Contractor a contractual penalty amounting to 0.2% of the amount owed for each commenced day of default, unless stated otherwise in the Agreement.

Art. VII Withdrawal from the Agreement and compensation

  1. Each contracting party is entitled to withdraw from the Agreement if, after concluding the Agreement, unavoidable obstacles arise on its part that prevent it from performing the Work. Notice of withdrawal from the Agreement must be made in writing, effective on the day of delivery to the other contracting party, unless a later date is stated therein. Upon request of the Client, the Contractor shall hand over any portion of the Work already completed once the Client has paid the Contractor the costs and cancellation fees according to Art. VII(2) and (3) of these GTC. Such Work will be in the condition it was found on the day of withdrawal from the Agreement. In such a case, the Contractor is not responsible for the quality of the completed portion of the Work and the Client is not entitled to make any claims for this part of the Work.
  2. In the event the Client withdraws from the Agreement, it shall pay the Contractor all the costs incurred, including cancellation fees.
    1. For all translating services, the cancellation fee is equal to the price of the portion of the Work already completed.
    2. For interpreting, the cancellation fee depends on the scope of the interpreting ordered and the number of days remaining until the start of the interpreting:

-     10 to 5 days before the scheduled start of interpreting, the cancellation fee is 20% of the price of the Work ordered,

-     4 to 2 days before the scheduled start of interpreting, the cancellation fee is 50% of the price of the Work ordered,

-     1 day before the scheduled start of interpreting, the cancellation fee is 100% of the price of the Work ordered.

  1. Immediately after withdrawing from the Agreement, the Contractor will issue the Client an invoice for costs or cancellation fees according to Art. VII(2) of these GTC payable within 14 days, unless stated otherwise in the invoice.
  2. The Contractor is not liable to the Client for damages incurred through failure to perform the Agreement if these arise due to unforeseeable and unavoidable circumstances beyond the Contractor’s control. The Contractor is not liable for any lost earnings of the Client or any special, indirect, economic or subsequent losses of the Client.

Art. VIII Special provisions

  1. The Client agrees not to contact a translator or interpreter working for the Contractor without the express consent of the Contractor.
  2. If the Client obtains consent from the Contractor to contact a translator or interpreter working for the Contractor, the Client agrees not to discuss matters concerning the terms and conditions of the Work with the translator or interpreter.
  3. If the Client violates any of its obligations set forth in Art. VIII(1) or (2) of these GTC, it shall pay the Contractor a contractual penalty of CZK 50,000 for each individual violation, even in the event the Work is not properly completed or one of the contracting parties withdraws from the Agreement, etc. This shall not affect the right to compensation for damages incurred by the Contractor caused by a violation of Art. VIII(1) or (2) of these GTC.
  4. The Contractor is entitled to include the Client in its list of references, unless stated otherwise in the Agreement.
  5. In concluding the Agreement, the Client grants the Contractor consent to the collection, processing and use of personal data for purposes to which the Client gave its express consent, for protecting the rights and justified interests of the Contractor, meeting the obligations of the Contractor established by special laws, meeting obligations of the Agreement, and for the internal needs of the Contractor.
  6. Personal data of the Client is collected and processed directly by the Contractor and its employees in the Czech Republic, automatically or manually in electronic form, or manually in printed form.
  7. The Client has been duly notified of the collection, processing and storage of personal data for the purposes set forth in these GTC and in the Agreement; it has been informed of the fact that its personal data is provided to the Contractor voluntarily, and that it may withdraw consent for the processing of personal data at any time by sending written notice to the address of the Contractor; the Contractor has informed the Client of its right to access its personal data and correct it to the extent and under the conditions set forth in Section 12 of the Personal Data Protection Act. The Clienthas also been informed by the Contractor of other rights ensuing from the Personal Data Protection Act., e.g. Section 21 of this Act.

Art. IX Final provisions

  1. The General Terms and Conditions of the Contractor and the price list of the Contractor are integral parts of the Agreement concluded between the Contractor and the Client.
  2. Unless determined otherwise herein, the legal relations between the contracting parties are governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, and other applicable legal regulations.
  3. The contracting parties have agreed that these GTC may be unilaterally changed or supplemented by the Contractor. This provision shall not affect the rights and obligations arising while a previous version of the GTC was in effect. The current wording of the valid and effective GTC is available on the website of the Contractor. Any changes or additions to the GTC become effective upon their date of issue and publication on the website of the Contractor.
  4. The Client will be notified in a suitable manner of any change and/or addition to the GTC, while suitable methods for this are considered to be:
  5. publication on the website of the Contractor (www.didacticus.cz);
  6. notification of the publication of a new version of the GTC sent to the e-mail address of the Client;
  7. sending the new version of the GTC to the e-mail address of the Client;
  8. sending the new version of the GTC in printed form to the correspondence address of the Client, while the method of notification remains at the discretion of the Contractor.
  9. In the event a change or addition to these GTC affects an Agreement that has already been concluded, the Client has the right to reject the change or addition to these GTC and, for such reason, to withdraw from the Agreement in writing no later than on the date such change and/or addition to the GTC takes effect, provided the Client was notified of the change or addition at least 14 days before it is to take effect, or possibly within 14 days of being notified of the change or addition if notified of the change or addition to the GTC within a shorter time or after the changed or supplemented GTC went into effect. If the Client fails to exercise this right within the given time, it is understood to have agreed to the changed or supplemented GTC.
  10. In the event any provision of these GTC becomes invalid, unenforceable or null, such invalidity, unenforceability or nullity shall not cause the remaining provisions of the GTC to become invalid, unenforceable or null.
  11. The contracting parties exclude the application of Section 557 of Act No. 89/2012 Coll., the Civil Code.
  12. The text of these GTC is binding for the participants.

These GTC become valid and effective on __/ ___/ 2016.

for Didacticus, s.r.o.
Ing. Milan Havlín, Executive

 

GENERAL TERMS AND CONDITIONS FOR TRANSLATION AND INTERPRETING SERVICES issued pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code Didacticus, s.r.o., registered office U Albrechtova vrchu 1132/2, Prague 5 - Stodůlky, postcode 155 00, company ID No. 27110001, registered with the Prague Municipal Court, entry No. C 96959

General Terms and Conditions of Didacticus,s.r.o.

Art. I Introductory provisions

  1. Pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code, these general terms and conditions (hereinafter the “GTC”) constitute an integral part of the agreement concluded between the natural or legal person ordering translation or interpreting services (hereinafter the “Client”) and Didacticus, s.r.o., company ID No.: 27110001, registered office: Prague 5 - Stodůlky, U Albrechtova vrchu 1132/2, entered in register of companies kept by Prague Municipal Court, file No. C 96959 (hereinafter the “Contractor”) as the provider of these services. The Client and the Contractor are also referred to below as the participants or contracting parties. These GTC are binding for both contracting parties.

  2. The contractual relationship between the Contractor and Client arises based on either a framework agreement to secure translating/interpreting services, a contract for specific translating, proofreading or interpreting work etc (hereinafter jointly the “Agreement”). The Agreement is concluded and a contractual relationship arises upon the signing of the Agreement by Client and Contractor, or possibly also based on a written order of the Client confirmed by the Contractor. An order submitted in written form is considered to be an order delivered by the Client to the Contractor via a postal service, fax or e-mail, or an order filled out by the Client on the Didacticus website (www.didacticus.cz) after determining the price using the online calculator. An order can also be placed in person, after which it will also be confirmed in writing by the contracting parties. The Agreement is also concluded upon the Client’s confirmation of prices quoted by the Contractor for performing specified services, or delivery of such written confirmation by the Client to the Contractor (via a postal service, fax or e-mail). If the Client’s response to the prices quoted by the Contractor includes additional terms or a deviation, then the Agreement is concluded upon confirmation by the Contractor of such response. The price list of the Contractor may in advance preclude the possibility of any deviations. The Client expressly agrees to these GTC when signing the Agreement, submitting orders or confirming price quotations of the Contractor. Deviating arrangements in the Agreement take precedence over these GTC.

Art. II Definition of terms

  • Translation– written conversion of text from the source language to the target language.
  • Source language– the language in which the source (original) text is written.
  • Source text– the text to be translated (original text).
  • Source word – one word of the translated (original) text.
  • Target language– the language in which the target text (desired text) is written.
  • Target text– the translated (desired) text.
  • Standard page – text consisting of 1,800 characters (including spaces).
  • Court-certified translation (or also certified, official, sworn or with court stamp)– a translation prepared pursuant to Act No. 36/1967 Coll., on experts and interpreters, by a translator appointed by a regional court. The certified translation is inseparably bound to the original or a certified copy of the original documents translated, and is therefore in paper form – not electronic. In such a case, the Client must furnish the Contractor with the original or a certified copy of the source text.
  • Apostille– a certificate attached to a certified document serving to confirm the authenticity and validity of the document. This is a higher level of document verification – legalisation (verification of official stamps and official signatures) for documents to be used abroad. If an apostille is required for a court-certified translation, the registration of the court-certified translator is checked.
  • Superlegalisation– higher verification of a certified (legalised) document in the country where it is to be used. Not necessary for countries party to The Hague Convention or countries that have a bilateral agreement with the CR. In such case, an apostille is the final certification.
  • Proofreading – the correction or editing of a source or target text from a factual, grammatical, stylistic and typographical standpoint
    • Linguistic proofreading– checks the overall quality of translation, grammar and completeness. Any possible minor errors and typing errors are corrected. Linguistic proofreading is primarily used for materials intended for public presentation. For example, text for websites, brochures, prospectuses, catalogues, PR articles, press releases etc.
    • Expert proofreading– checks the use of special terms for the given field and the uniformity of terms used by employing a supplied or created dictionary of terms, reference texts or in another manner.
    • Stylistic proofreading– stylistic editing (e.g. the sequence of words in sentences or entire sentences, clarity and readability for the intended use, target country and target reader).
    • Pre-press proofreading– eliminates typographical errors (after processing in a DTP studio, conversion to HTML etc.), e.g. incorrectly divided words at the end of lines, shifted images or text, missing text, diacritical marks.
  • Final review by the Contractor– ensures that the appropriate proofreading has been performed for the intended use of the text ordered by the Client and that comments have been submitted. The entire text and graphics are reviewed for completeness, and the translation quality is randomly checked.
  • Graphic editing– graphic editing of text, graphs and images as desired in the appropriate graphic editor.
  • Interpreting– verbal reproduction of speech from the source language to the target language
    • Consecutive interpreting– interpreting during which the speaker pauses to allow an interpreter to repeat what has been said in the desired target language.
    • Simultaneous interpreting – interpreting while the speaker is speaking, also known as cabin interpretingwhen using equipment or whisper interpreting when not using equipment.

Court interpreting – consecutive or simultaneous interpreting provided in accordance with Act No. 36/1967 Coll., on experts and interpreters, by an interpreter appointed by a regional court.

Art. III Performance

The work to be performed consists of the services provided by the Contractor, particularly the performance of translation or interpreting services or the provision of other additional services within the scope of the Contractor’s business activity, as specified in the Agreement (hereinafter the “Work”).

Art. IV Translating and interpreting 

  1. Joint provisions
  1. Upon concluding the Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in accordance with the Agreement and these GTC.
  1. The order, respectively the Agreement concluded based upon it, contains the following information:
  • The exact name of the Client, including the headquarters or residence address and the correspondence/billing address of the Client, if these differ from the headquarters or residence address, and the company ID No. and tax ID No., if the Client has these,
  • The contact details for the Client or its authorised representative for the purpose of performing the Agreement (name, telephone and e-mail),
  • The subject of the Agreement – i.e. specification of whether the Work concerns a translation, certified translation, proofreading, interpreting, audio-visual service or other mutually approved service,
  • The price according to the current price list of the Contractor,
  • The mutually agreed date for delivery or performance of the service,
  • The intended use of the translation, especially if the text is intended for public presentation or publication, or specification of the type of interpreting,
  • Other requirements for text editing, i.e. the desired type of proofing or graphic editing of the text or format of the target document,
  • The contact details for a person who can be consulted with respect to professional terminology and abbreviations, if this differs from the Client or its authorised representative listed above,
  • The stamp and signature of the Client (for e-mail orders this is not typically required, however the Contractor is entitled to subsequently request a written order stamped and signed by the Client; such request will not affect the validity of an already confirmed electronic order).

Art. IVa Translations

  1. General provisions
  1. Upon concluding an Agreement in the manner set forth in Art. I(2) of these GTC, the Contractor agrees to perform orders for translation in accordance with the Agreement and these GTC. The contracting parties require that the Agreement include the information specified in Art. IV(1)(2) of these GTC.
  2. The Client agrees to pay the Contractor the price for the translation established in the manner given in Art. V of these GTC.
  1. Delivery of the Work
  1. The Contractor shall deliver the finished work at the time and in the manner specified in the Agreement, or in the usual manner. The usual manner of delivery is considered to be transmission via e-mail, unless prohibited by the nature of the work. The work is considered to be duly delivered to the Client if sent by the Contractor to the Client at the agreed time and in the agreed manner or usual manner.
  2. The Client shall accept the completed work and confirm proper and timely receipt.
  3. If the Client fails to meet its obligations set forth in Art. IVa(2)(2) of these GTC within 24 hours of the contracted delivery date, it is understood to have duly and properly received the Work, i.e. that the Work was delivered by the Contractor to the Client in a proper and timely manner.
  4. The delivery of the Work is not considered late if it was not delivered to the Client due to an error arising on the part of the Client, an error caused by technical means of remote communication (e.g. Internet connection) or for any other reason, provided that the Contractor delivers the Work to the Client immediately upon receiving notification from the Client requesting delivery.
  5. In the event it is not possible, due to serious objective reasons, to deliver the finished Work in the manner specified in the Agreement, the Contractor is entitled, at the cost of the Client, to select an alternative manner of delivery.
  6. If the Client refuses to accept the finished Work from the Contractor without justification, the Work is considered to have been performed and delivered and the Contractor is entitled to the payment of the price for the Work at the moment the Client refuses to accept it.
  1. Rights and obligations of the contracting parties
  1. In the event the Client does not state the purpose for which the Work will be used in the Agreement/written order, the Contractor reserves the right to provide the Client with the regular services or to request the Client to further specify the order. In such a case, the Client shall pay for the services provided by the Contractor, even if, upon delivery, it is evident that the Work performed by the Contractor cannot be used for the purpose originally intended by the Client. The Contractor is not obliged to acknowledge refund claims made for such reasons, i.e. such claims are considered unwarranted.
  2. If the Work is to be used for publication (especially in print or on the Internet), the Client must indicate this in the written order. In the event the Client does not also order pre-press proofreading of the text, it has no claim to compensation for damages caused by any possible mistakes in the translated text.
  3. The Contractor bears no responsibility for any consequences associated with the violation of copyrights of any person arising during the performance of the Work.
  4. The Client shall inform the Contractor if it wants graphic editing of documents and include their exact specifications, particularly in cases where the format of the target document differs from the format of the source document. If the Contractor is not notified of the desired graphic editing or desired format of a document, any claims related to this will not be acknowledged, i.e. such claims are considered unwarranted.
  5. The Client shall notify the Contractor without delay of the following circumstances:
  • Any change in its details, i.e. its business name/name, headquarters/residence or other information provided to the Contractor in the Agreement;
  • Any change in the contact person or change or termination of representative or any authorisation that it granted and that can be applied in negotiations with the Contractor;
  • Any other circumstances and/or changes that can reasonably be expected to unfavourably affect the ability of the Contractor to meet its obligations to the Client (e.g. filing of a motion to commence insolvency or enforcement proceedings against the Client etc.).
  1. The Contractor agrees to maintain confidentiality regarding all the information obtained from the Client while performing its contractual duties. All materials received from the Client in this regard will be considered confidential.
  2. If any creative work subject to copyright is produced while performing the Work (e.g. a copyrighted translation), then the contracting parties are subject to the applicable provisions of Act No. 121/2000 Coll., on copyright and rights related to copyright and on amendment of certain acts (the Copyright Act).
  3. Claims
  1. The finished Work is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact details for a contact person,
  2. b) A description of the claimed defect, frequency and proposed resolution.
  3. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVa(4)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  4. In the event the Contractor acknowledges the claim of the Client to be warranted, it will arrange for the appropriate correction or editing of the Work at its own cost or will provide the Client with an adequate discount. The contracting parties agree that the Client is not entitled to request a discount on the price of the Work if (a) the Contractor is prepared to eliminate the claimed defect; (b) the Contractor begins work on eliminating the defect without delay; (c) and the Contractor eliminates the defect within a reasonable time.
  5. If the Client has reservations regarding the quality of the Work and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  6. If the Client is entitled to a discount, the amount of the discount is subject to agreement between the contracting parties. If the contracting parties are not able to come to an agreement, they will abide by the assessment of an independent arbitrator they agree upon selected from the ranks of court-certified interpreters and translators. The costs associated with preparing such expert assessment will be paid for in advance by the contracting parties, each providing 50% of the anticipated costs. Accounts shall then be settled based on the results of the assessment, and the party that loses the dispute shall pay all the costs of the other party.
  7. The Client shall provide the Contractor with all cooperation necessary to eliminate defects.
  8. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  9. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective performance without delay after accepting the translation, but no later than within 90 days of delivery. Once this deadline has passed, no claims for defective performance may be made.

Art. IVb Interpreting

  1. General provisions
  1. Afterconcluding an Agreement in the manner specified in Art. I(2) of these GTC, the Contractor undertakes to perform the particular Work in the designated language, at the agreed time and place, and in accordance with the Agreement and these GTC. The essential attributes of the Agreement are considered by the contracting parties to be information according to Art. IV(1)(2) of these GTC and the exact specification of the place, time and type of interpreting.
  2. The Client agrees to pay the Contractor the price for interpreting established in the manner specified in Art. V of these GTC.
  3. An interpreting day is understood to be 8 hours including breaks. All breaks and interruptions are counted towards the total time of interpreting. The Client shall provide a break for the interpreter for food and rest of at least half an hour following no more than four-and-a-half hours of interpreting.
  1. Time of interpreting
  1. The Client shall enable interpreting at the time and in the manner stated in the order/Agreement.
  2. Directly after the interpreting is finished, the Client or authorised representative shall confirm in writing that the interpreting took place and indicate whether it was performed properly.
  3. If the Client refuses without justification to confirm that the Work was performed, it is considered to have been performed and the Contractor gains entitlement to payment of the price agreed for the Work at the moment the Client refuses to confirm the performance of the order.
  1. Rights and obligations
  1. If the Contractor is not informed by the Client of the purpose for which the Work is intended, later related claims will not be acknowledged, i.e. such claims are considered unwarranted.
  2. The Client shall inform the Contractor whether an audio recording or other recording will be made of the interpreting. The Contractor bears no responsibility for any possible consequences associated with violation of copyright by any person when performing the order.
  3. If, during the interpreting, it is necessary to use jargon or other special terms, abbreviations etc. that the Client would like used, then it must supply appropriate additional material or provide a contact person who can be consulted for the appropriate terminology, sufficiently in advance (at least 4 days) before the start of interpreting. The Client shall also furnish the Contractor with the agenda of the interpreting and related texts for the interpreter to prepare, all at least 4 days in advance. If it fails to do so, no consideration will be given to claims regarding the terminology used by the interpreter, i.e. such claims are considered unwarranted.
  4. The Client is not entitled to request any other activity from the interpreter beyond the scope of the Agreement (e.g. a written translation, minutes of a meeting, guide or organisational services).
  5. The Client shall ensure adequate conditions for interpreting, including technical equipment if this is not ordered from the Contractor.
  6. The interpreter sent by the Contractor shall have a smart appearance and be properly dressed according to the type of interpreting.
  7. The interpreter shall work according to the usual practices in the profession and perform the Work conscientiously to the best of their ability.
  8. The Contractor is entitled to payment for the entire amount of time booked for the interpreting, even if the Client does not fully utilise this time.
  9. Each additional hour begun beyond the scope of the original order/Agreement will be billed proportionally according to the price of the interpreting in the order/Agreement. This shall not affect the right of the Contractor to charge the Client an additional fee according to Art. V.(9) of these GTC.
  1. Transportation, accommodation and meals
  1. The Client shall arrange transportation for the interpreter from a designated place to the location of the Work, and this transportation will be appropriate with regard to the distance to be travelled.
  2. If the interpreter uses their own transportation, the Client shall reimburse the Contractor for the full amount of the interpreter’s travel expenses.
  3. If the work is in another location and the time worked exceeds 8 hours and/or interpreting services are provided past 8 pm and/or the interpreter is not provided with transportation back to their residence, the Client shall provide accommodation for the interpreter in a single-bed room with bathroom. The Contractor is entitled to compensation for time spent by the interpreter related to providing the interpreting (e.g. time spent traveling to the place of the Work). The amount of this compensation shall be CZK 250 for each commenced half hour, unless agreed to otherwise.
  1. Claims
  1. The interpreting is defective if not performed in accordance with the Agreement.
  2. Claims can be made in writing and sent to the address of the Contractor. Claims must include the following:
  1. a) The identification information of the Client, including contact information for a contact person,
  2. b) A description of the claimed defect and potentially its frequency.
  1. A mere statement of general dissatisfaction with the quality of the Work is not considered a proper claim. Claims that do not meet the requirements of Art. IVb(5)(2) of these GTC cannot be satisfied, i.e. such claims are considered unwarranted.
  2. In the event that the Contractor acknowledges the claim of the Client to be warranted, it will provide a corresponding discount on the price.
  3. If the Client has reservations regarding the quality of the Work (interpreting) and has it assessed by a third party without the knowledge and consent of the Contractor, the Contractor is not obliged to pay for such assessment.
  4. The Contractor is liable for any possible damages caused by defects in the Work to a maximum amount of the price of the Work without VAT.
  5. Claims do not have a suspensory effect on the due date of billing issued for the Work subject to the claim, or the due dates of any other obligation of the Client according to the Agreement.
  1. Deadline for making claims
  1. The Client shall make a claim with the Contractor for defective interpreting without delay after determining such defect, but no later than within 90 days after the interpreting is finished according to the Agreement. Once this deadline has passed, no claims for defective performance may be made.

Art. V Prices

  1. The prices of all services / Work are contractual and arranged between the Client and the Contractor in the Agreement concluded in one of the manners specified in Art. I(2) of these GTC.
  2. All prices are listed without VAT. The Contractor is a payer of value-added tax. The Contractor will add to the price the value-added tax applicable at the time of the taxable performance in accordance with current legal regulations.
  3. Each payment made by the Client to the Contractor’s account is first counted towards the payment of contractual penalties, then the payment of accessions and then the payment of the price of the Work.
  4. The rates for translation are set based on the type of translation, the language combination, the difficulty of the text, the quality of the source text, the speed at which the work is performed, the desired graphic editing, file format or other requirements of the Client.
  5. The rates for interpreting primarily depend on the type of interpreting (consecutive or simultaneous) and the language combination.
  6. The billing unit for translations and proofreading is one source word or, in exceptional cases, one standard page. For certified translations the price is calculated according to the number of standard pages of the finished translation (target text). The number of standard pages of translated text is rounded up, i.e. if the number of characters on a page of finished translation (target text) is less than a standard page, it is still considered a standard page, and this applies separately for each target text (e.g. contracts, amendments, letters).
  7. If the source text is in a format where the number of source words cannot be determined electronically, or is in printed form, then the price is calculated according to the number of target (translated) words. In this case, the price quoted will be an approximate estimate of the number of words while the price charged will be according to the actual number of words in the translated text (in the target language) with a surcharge of 10% (due to necessary graphic editing of the document).
  8. The minimum charge for translations from or into Czech is CZK 200, for translations between foreign languages it is CZK 400.
  9. The Contractor is entitled to add surcharges for work on weekends and holidays, translations or transcriptions from an audio or video recording, translations from poorly legible source materials or for express translations (more than 2,000 source words per working day per translator), while the amounts of these surcharges will be listed in the current price list of the Contractor.

Art. VI Payment terms

  1. The basis of payment for work performed is an invoice issued by the Contractor, payable by the date stated therein. Payment of invoices is typically due within 14 days, unless agreed otherwise.
  2. In accordance with Section 26(3) of Act No. 235/2004 Coll., on value-added tax, as subsequently amended, the Client agrees that the Contractor will issue billing electronically.
  3. The Contractor will issue an invoice for the Client at the moment the Work is delivered or interpreting completed, unless specified otherwise in these GTC.
  4. The Contractor is entitled to issue the Client with a pro forma invoice before commencing the Work or while it is being performed. Such pro forma invoice is payable by the date given therein. If the Agreement states that the Contractor is not to bill the Client until the Work is completed, yet the performance of the Work is unduly delayed through fault of the Client (for example, because of graphic editing, programming or corrections by the Client) by longer than 1 month, then the Contractor is entitled to issue the Client with a pro forma invoice.
  5. If payment for the Work is late, the Client shall pay the Contractor a contractual penalty amounting to 0.2% of the amount owed for each commenced day of default, unless stated otherwise in the Agreement.

Art. VII Withdrawal from the Agreement and compensation

  1. Each contracting party is entitled to withdraw from the Agreement if, after concluding the Agreement, unavoidable obstacles arise on its part that prevent it from performing the Work. Notice of withdrawal from the Agreement must be made in writing, effective on the day of delivery to the other contracting party, unless a later date is stated therein. Upon request of the Client, the Contractor shall hand over any portion of the Work already completed once the Client has paid the Contractor the costs and cancellation fees according to Art. VII(2) and (3) of these GTC. Such Work will be in the condition it was found on the day of withdrawal from the Agreement. In such a case, the Contractor is not responsible for the quality of the completed portion of the Work and the Client is not entitled to make any claims for this part of the Work.
  2. In the event the Client withdraws from the Agreement, it shall pay the Contractor all the costs incurred, including cancellation fees.
    1. For all translating services, the cancellation fee is equal to the price of the portion of the Work already completed.
    2. For interpreting, the cancellation fee depends on the scope of the interpreting ordered and the number of days remaining until the start of the interpreting:

-     10 to 5 days before the scheduled start of interpreting, the cancellation fee is 20% of the price of the Work ordered,

-     4 to 2 days before the scheduled start of interpreting, the cancellation fee is 50% of the price of the Work ordered,

-     1 day before the scheduled start of interpreting, the cancellation fee is 100% of the price of the Work ordered.

  1. Immediately after withdrawing from the Agreement, the Contractor will issue the Client an invoice for costs or cancellation fees according to Art. VII(2) of these GTC payable within 14 days, unless stated otherwise in the invoice.
  2. The Contractor is not liable to the Client for damages incurred through failure to perform the Agreement if these arise due to unforeseeable and unavoidable circumstances beyond the Contractor’s control. The Contractor is not liable for any lost earnings of the Client or any special, indirect, economic or subsequent losses of the Client.

Art. VIII Special provisions

  1. The Client agrees not to contact a translator or interpreter working for the Contractor without the express consent of the Contractor.
  2. If the Client obtains consent from the Contractor to contact a translator or interpreter working for the Contractor, the Client agrees not to discuss matters concerning the terms and conditions of the Work with the translator or interpreter.
  3. If the Client violates any of its obligations set forth in Art. VIII(1) or (2) of these GTC, it shall pay the Contractor a contractual penalty of CZK 50,000 for each individual violation, even in the event the Work is not properly completed or one of the contracting parties withdraws from the Agreement, etc. This shall not affect the right to compensation for damages incurred by the Contractor caused by a violation of Art. VIII(1) or (2) of these GTC.
  4. The Contractor is entitled to include the Client in its list of references, unless stated otherwise in the Agreement.
  5. In concluding the Agreement, the Client grants the Contractor consent to the collection, processing and use of personal data for purposes to which the Client gave its express consent, for protecting the rights and justified interests of the Contractor, meeting the obligations of the Contractor established by special laws, meeting obligations of the Agreement, and for the internal needs of the Contractor.
  6. Personal data of the Client is collected and processed directly by the Contractor and its employees in the Czech Republic, automatically or manually in electronic form, or manually in printed form.
  7. The Client has been duly notified of the collection, processing and storage of personal data for the purposes set forth in these GTC and in the Agreement; it has been informed of the fact that its personal data is provided to the Contractor voluntarily, and that it may withdraw consent for the processing of personal data at any time by sending written notice to the address of the Contractor; the Contractor has informed the Client of its right to access its personal data and correct it to the extent and under the conditions set forth in Section 12 of the Personal Data Protection Act. The Clienthas also been informed by the Contractor of other rights ensuing from the Personal Data Protection Act., e.g. Section 21 of this Act.

Art. IX Final provisions

  1. The General Terms and Conditions of the Contractor and the price list of the Contractor are integral parts of the Agreement concluded between the Contractor and the Client.
  2. Unless determined otherwise herein, the legal relations between the contracting parties are governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code, and other applicable legal regulations.
  3. The contracting parties have agreed that these GTC may be unilaterally changed or supplemented by the Contractor. This provision shall not affect the rights and obligations arising while a previous version of the GTC was in effect. The current wording of the valid and effective GTC is available on the website of the Contractor. Any changes or additions to the GTC become effective upon their date of issue and publication on the website of the Contractor.
  4. The Client will be notified in a suitable manner of any change and/or addition to the GTC, while suitable methods for this are considered to be:
  5. publication on the website of the Contractor (www.didacticus.cz);
  6. notification of the publication of a new version of the GTC sent to the e-mail address of the Client;
  7. sending the new version of the GTC to the e-mail address of the Client;
  8. sending the new version of the GTC in printed form to the correspondence address of the Client, while the method of notification remains at the discretion of the Contractor.
  9. In the event a change or addition to these GTC affects an Agreement that has already been concluded, the Client has the right to reject the change or addition to these GTC and, for such reason, to withdraw from the Agreement in writing no later than on the date such change and/or addition to the GTC takes effect, provided the Client was notified of the change or addition at least 14 days before it is to take effect, or possibly within 14 days of being notified of the change or addition if notified of the change or addition to the GTC within a shorter time or after the changed or supplemented GTC went into effect. If the Client fails to exercise this right within the given time, it is understood to have agreed to the changed or supplemented GTC.
  10. In the event any provision of these GTC becomes invalid, unenforceable or null, such invalidity, unenforceability or nullity shall not cause the remaining provisions of the GTC to become invalid, unenforceable or null.
  11. The contracting parties exclude the application of Section 557 of Act No. 89/2012 Coll., the Civil Code.
  12. The text of these GTC is binding for the participants.

These GTC become valid and effective on __/ ___/ 2016.

for Didacticus, s.r.o.
Ing. Milan Havlín, Executive

 

GENERAL TERMS AND CONDITIONS FOR TRANSLATION AND INTERPRETING SERVICES issued pursuant to Section 1751 of Act No. 89/2012 Coll., the Civil Code Didacticus, s.r.o., registered office U Albrechtova vrchu 1132/2, Prague 5 - Stodůlky, postcode 155 00, company ID No. 27110001, registered with the Prague Municipal Court, entry No. C 96959