1. For the purpose of these Terms and Conditions, the following terms shall have the meanings as defined below:
Diglossia – Diglossia d.o.o. za usluge (Diglossia simple limited liability company for services), OIB (PIN): 95334097127, as entered into the registry of the Commercial Court of Zagreb under company registration number (MBS) 080945814, having its registered office in Zagreb, Magdićeve stube 1, and represented by Maja Kartuš, director; as the translation and localization service provider;
Client – legal or natural person ordering the Translation Service/entering the Agreement on Translation Service Provision, whose data are specified in the Order/Agreement;
Order – the Client’s order to deliver the Translation Service according to the terms specified in the Quotation and based on the Quotation, and pursuant to these Terms and Conditions, by which the Client agrees to these Terms and Conditions and undertakes to pay the price specified in the Quotation prior to the delivery of the translation;
Quotation – a written reply by Diglossia to the Client’s Request, specifying the price and the delivery date of the Translation Service, with reference to these Terms and Conditions;
Agreement – any individual agreement on translation service provision which Diglossia may enter into with the Client, should the need arise, and which includes these Terms and Conditions as its integral part;
Translation Service – translation service, including localization service, provided by Diglossia based on the Client’s Order/Agreement;
Request – any written request for Quotation/query by the Client.
Scope of Terms and Conditions
2. These Terms and Conditions shall govern the relations between Diglossia as the service provider and the Client as the principal, including their mutual rights and obligations with regard to the manner of ordering, providing and paying for the Translation Service.
Orders, agreements with the Client and acceptance of Terms and Conditions by the Client
3. At the Request of the Client, Diglossia shall submit a Quotation specifying the Translation Service price and delivery date. For that purpose, the Client shall submit a legible text for translation and specify their personal data and contact data. The Client confirms and accepts the Quotation by placing an Order, thus undertaking to pay the price specified in the Quotation prior to translation delivery. By placing the Order, the Client acknowledges that they have fully read and understood and that they agree to the provisions herein, confirming that they reflect their true will and that they accept them in full.
4. Should there arise the need to enter an Agreement on Service Provision with the Client, these Terms and Conditions shall constitute an integral part thereof.
5. In case of discrepancy between the provisions herein and the provisions of the Agreement on Service Provision, the provisions of the Agreement on Service Provision shall apply.
Delivery of orders and other requests by the Client/Delivery of Agreement on Service Provision and related notifications
6. Client orders and other requests shall be submitted electronically to firstname.lastname@example.org.
7. Calls related to translation service provision shall be made to +385 91 5517 884 or +385 1 6701 555.
8. Agreements on Service Provision and any related notifications, including, but not limited to, the notice of agreement termination/cancellation shall be signed and mutually sent to the parties’ respective registered office addresses.
Manner of translation delivery and collection
9. Translations are delivered and collected personally at the registered office of the Diglossia company or as agreed. Alternatively, translations may be delivered by registered mail at the Client’s cost, or via e-mail.
Term of service provision
10. Diglossia shall deliver the Translation Service within the term specified in the Quotation accepted by the Order/within the term specified in the Agreement.
Price and payment terms
11. Translation price shall be determined per standard page and stated in the Quotation. In calculation, the number of standard pages shall be rounded to the nearest whole number. In case of an order of a translation service for the provision of which it is necessary to translate more than 8 (eight) standard pages per day, Diglossia reserves the right to charge an express surcharge. Payment shall be effected prior to translation delivery.
Client complaints and manner of complaint submission
12. The Client may submit a written complaint electronically to email@example.com with regard to Translation Service provision or the quality of Translation Service and/or in case they consider Diglossia to have failed to comply with the Order/Agreement and/or these Terms and Conditions in any way. In doing so, the Client shall specify the reason for the complaint and/or the faults in the delivered Translation Service. Diglossia shall respond to the complaint within the shortest term possible and no later than within the legal term of 15 (fifteen) days following the day the Translation Service was provided or was to be provided. In case the complaint proves to be justified, Diglossia shall make corrections to the translation by an agreed upon deadline or shall remove the determined fault in another manner. Should Diglossia deem the complaint unjustified, they shall notify the Client thereof and state their grounds in writing, electronically.
13. The Translation Service shall be considered to contain faults if the translation contains: information not contained in the source text, spelling/grammar mistakes, lack of or discrepancy in meaningful text segments. The following shall not be considered faults: synonym use and mistakes in the translation of a part of text which do not affect its meaning.
Limited liability and indemnification
14. Diglossia shall be liable for damage caused intentionally or by gross negligence. Diglossia shall not be liable for any indirect damage, lost profits or damage arising from force majeure as defined in Article 15 herein.
15. For the purposes of these Terms and Conditions, force majeure shall mean any external, out-of-the-ordinary event which could not have been foreseen at the moment the Order was received/the Agreement on Service Provision was concluded and which the parties cannot and could not objectively affect (e. g. natural disasters). In case of doubt, individual cases of force majeure shall be interpreted by the parties in line with the current judicial practice in the Republic of Croatia. The party affected by force majeure shall notify the other party of both the occurrence and cessation of force majeure without delay and present evidence thereof. During force majeure, rights of parties shall not be exercised and obligations of parties shall not be met, and should force majeure persist for longer than 15 (fifteen) days each party shall be entitled to revoke the Order/terminate the Agreement.
Protection of personal data
16. Diglossia shall not disclose the Client’s personal data to third parties without the Client’s prior express consent.
17. Diglossia shall keep the Client’s business and technical data, information and documents to which the Client provided access during translation service provision as trade secret and shall not disclose such data, information and documents to third parties.
High-quality service provision
18. Diglossia shall provide translation services of high quality, in a conscientious and timely manner, in accordance with the rules of the trade and principles of professional ethics.
19. Translations and other adaptations constituting original intellectual creations having individual character are protected as independent copyright works, with the translator as the copyright holder pursuant to the applicable Croatian Copyright and Related Rights Act. The above shall not affect the rights of authors of works subject to adaptation.
20. Diglossia reserves the right to include the name and/or logo of the Principal’s company in their references.
Dispute resolution and applicable law
21. Any disputes arising herefrom or in relation hereto shall primarily be resolved by agreement, in an amicable manner. Should such an agreement not be reached within 15 (fifteen) days following the sending of notification of dispute to the other party, the court having subject matter jurisdiction in Zagreb shall be competent.
22. These Terms and Conditions shall be governed by Croatian law.
Terms and Conditions amendments
23. Diglossia reserves the right to remove or amend any of the provisions herein without prior notification, of which the Client shall be notified electronically or in writing. Such amendments shall be published here and shall enter into force on the day specified therein.
Entering into force
24. These Terms and Conditions shall enter into force on 28 February 2018.
25. Terms and Conditions applicable at the moment the Order was placed/the Agreement on Service Provision was concluded shall apply for Clients who accepted the Quotation by placing the Order/concluding the Agreement.