General terms and conditions

General terms and conditions for Kosmos services

Introduction

These general terms and conditions apply for all services provided by Kosmos s.r.l. (hereinafter referred to as Kosmos) to Clients.

As a certified translation company, Kosmos will provide language services that comply with ISO 9001:2008 and in particular translations that comply with the EN 15038 standard, using complex, meticulous procedures and expert native speakers only.

By making their first order, Clients automatically accept the terms and conditions, which will apply for all subsequent projects unless they are changed in the meantime. If any changes occur, Kosmos will provide Clients with the new General Terms and Conditions and ask for confirmation of their acceptance.

1 Quotes and orders

Quotes for Kosmos services are free.

When requesting a quote, Clients must provide Kosmos with all of the information required in order to establish a price (such as the translation languages, target country, format of the text, target reader of the translation, deadline, and any special procedures to follow).

Written confirmation by email or fax must be given for all orders and it must include all of the information and reference material necessary in order to perform the service requested properly (such as any glossaries or specific technical terminology that must be used, pictures, and details of the format of the text, the target readers and the target country). Clients that fail to provide Kosmos with relevant information relating to the service will not be eligible for discounts or refunds for any issues relating to the missing details in question.

2 Alterations or cancellations of orders by Clients

If a Client changes an order after confirming it, Kosmos reserves the right to alter the price and the delivery date.

Kosmos must be informed in writing of any changes by the Client and it in turn will give written acceptance of them.

If a Client cancels an order, they will be charged the full rate for the work that has already been done, which will be delivered to them. Kosmos will decide whether to offer a discount for the rest of the work or charge the full amount.

Clients that change the date of interpreting services with less than a week’s notice may be charged 20% of the overall cost of the service and asked to cover all food, board and travel costs incurred. Clients that cancel interpreting services will be charged the full rate for the service and must also cover all food, board and travel costs incurred.

3 Delivery deadline

The delivery deadline will only be binding once Kosmos has given specific written confirmation by email or fax.

If Kosmos is unable to meet a deadline, it will inform the Client as soon as possible and establish a new deadline with them.

Delivery will be considered to have taken place once it has been carried out by Kosmos in a demonstrable manner (such as by email, recorded delivery or courier) in accordance with the agreements made.

For urgent orders, in the event of delays of over 24 hours that are directly and solely caused by Kosmos, the Client and Kosmos will agree on a refund of up to 100% of the cost of the project.

Kosmos shall not be held responsible in any way for delays resulting from force majeure or any circumstances beyond its control, such as faults with faxes, emails and other postal or terrestrial services that it does not directly control.

4 Prices and payment

The prices for translations will be based on the word count in the source language, unless specific written agreements for alternative methods are made during the preparation of the quote.

Unless stated otherwise, the prices do not include VAT or the costs for delivery, stamps, food, board, travel and similar expenses.

The standard rates for translation and revision services apply for texts of a normal level of difficulty. Higher rates may be charged for translations and revisions that require specialist knowledge, more time, broad, demanding research or work in the evenings and/or at night.

There may be a 30% surcharge for urgent translations and revisions.

10% to 30% more than the standard rate per word may be charged for translations in which Italian is neither the source nor the target language.

Where applicable, there will be a 50% discount for repetitions shown in an analysis carried out with Trados or another CAT tool.

Payment must be paid within 30 (thirty) days of the issue date on the invoice, unless other arrangements are made. Clients that do not pay invoices will be charged interest at the statutory rate and will also have to pay all of the other expenses associated with collection of the debt, including the administration expenses incurred by Kosmos and the administration costs and/or fees charged by the debt collection agency appointed by Kosmos, which will add up to at least 15% of the amount due.

5 Provision of the service and contact with the translator

When providing the services ordered, Kosmos is authorized to use staff, external experts and freelance professional translators who are under contract and obliged to comply with professional secrecy requirements.

Kosmos must be informed of any contact between the Client and third parties appointed by Kosmos and give explicit written permission for it.

Unless explicit approval is given by Kosmos, the Client may not contact the freelance professional at any time during the current project or for any subsequent jobs for a period of 12 months, starting from the date of the latest order received by Kosmos.

6 Confidentiality and professional secrecy

Kosmos will maintain the confidentiality of all of the documents and information received from the Client, as well as all information that comes to its attention while working on the project, unless the Client specifically states that any particular information or materials are exempt.

The confidentiality requirements will continue to apply after the conclusion of the contractual relationship.

All of the in-house and external members of the Kosmos team are required to maintain the confidentiality of all information regarding work done for Kosmos.

7 Complaints

Any complaints about translation services must be sent to Kosmos within a maximum of 10 working days after delivery. Reasons for the lack of satisfaction with the content and a detailed description of the cause of complaint must be provided. Making a complaint does not mean that a Client will no longer have to pay for the work done.

If no complaints are made by the Client in the period of time established in section 7, the project delivered will be considered to be fully accepted. Any complaints made at a later date will only be taken into consideration if Kosmos decides to accept them.

If the Client believes that there are mistakes in the translation delivered, they may ask for it to be revised.

The Client must point out any mistakes in the translation (as defined in section 8 below). If the complaints are well founded, Kosmos will correct the work and may offer the Client a discount to compensate for the inconvenience caused. Kosmos shall not be held responsible for any mistakes caused by ambiguities or errors in the source text. The Client shall be held responsible for any consequences of incorrect terminology in the source text or the instructions given.

8 Mistakes in the translation

The following shall be considered mistakes in the translation:
– grammar and spelling mistakes;
– sections of text that are not translated;
- translations with meanings that are clearly incorrect.

The following may not be considered mistakes in the translation:
– matters relating to style and taste;
– issues resulting from ambiguities in the source text;
– complaints about the terminology used, unless the Client provided specific information and instructions in this respect.

9 Personal data processing

Pursuant to Italian Legislative Decree 196/2003, Clients agree to the storage of their personal data for administrative purposes and they may withdraw their consent at any time.

Kosmos will not provide third parties with a Client’s data without the Client’s consent.

10 Authors’ rights

Unless otherwise specified, the authors’ rights for all translations produced by translators will belong to Kosmos.

Clients that fail to pay for translations may not fully or partially publish or reproduce them in any way. If Clients use materials for which they have not paid, Kosmos reserves the right to demand immediate payment of the translation and, where applicable, the remuneration for the authors’ rights.

11 Responsibility and indemnification

Kosmos and/or its suppliers do not recognize any guarantees or conditions for the services provided. This includes all of the implicit guarantees and conditions of marketability, suitability for a particular cause, ownership and non-violation of others’ rights. Under no circumstances may Kosmos and/or its suppliers be held responsible for special, indirect or consequential damages or other damages of any kind resulting from the loss of users’ rights, information or earnings, whether they are a result of compliance with the contract, negligence or other prejudicial actions that result from or are in any way connected to the services provided by Kosmos.

The very highest IT security standards are applied by Kosmos in its data protection and management (backups – anti-virus systems – disaster recovery – intrusion protection – anti-spam systems – web filtering – hardware and software firewalls). Kosmos‘ technological platform features sophisticated redundancy systems for data saving with automatic backup and recovery procedures, and automatic reports of malfunctions and suspected unauthorized access attempts. Any data sent by Clients that are infected with viruses and/or any other threat to the security of the IT systems will immediately be quarantined and it will not be possible to process them. Therefore, Clients are kindly asked to ensure that their data are free of computer viruses and any other threats before sending them to Kosmos. If this is not done, Kosmos reserves the right to cancel all or part of the order.

12 Rescission of contracts

Kosmos reserves the right to cancel agreements in whole or in part or suspend them without being liable for any compensation if Clients fail to meet their obligations or in the event of bankruptcy, a moratorium or liquidation at the Client’s company.

If Kosmos is unable to fulfil its obligations for reasons of force majeure that are beyond its control, it may postpone or cancel the agreement without having to pay any compensation for damages. Cases of force majeure include fire, accidents, strikes, uprisings, wars, transportation problems, measures adopted by authorities and other situations of this kind.

13 Alterations to the general sales terms and conditions

Kosmos reserves the right to change its general sales terms and conditions at any time and without prior notice. Kosmos will ensure that Clients can access the latest version of its general sales terms and conditions on this website. Each new version of the general sales terms and conditions will cancel and replace the previous versions.

14 Applicable law and place of jurisdiction

The services provided by Kosmos are subject to Italian law. Any disputes shall be subject to the jurisdiction of the court of Reggio Emilia.