General terms and conditions of Lingsoft Language Services Inc.

These general terms and conditions will be applied to commissions made between Lingsoft Language Services Inc. (hereinafter company) and customer concerning translation and interpreting services and associated incidental and additional services. These terms and conditions will enter into force on May 3, 2021, and will remain in force until further notice.

Liabilities of the customer
The customer will supply the company with the documents needed for the commissioned work and, when needed, background material such as previous translations, glossaries, publications, images and other basic information in its possession, as well as other expert assistance. The customer must also provide the company with explanations of the text requested by the company (concerning for example ambiguities or deficiencies).

The customer must state to the company the purpose and target group of the text to be translated before the work is commenced. The customer must also agree with the company on checking procedure, manner and form of delivery and the appearance of the text.

Liabilities of the company
When accepting a commission, the company must draw up a commission brief and make sure that the customer provides it with sufficient information so that it can deliver a translation in accordance with the commission. If the company is not supplied with sufficient information, it must notify the customer thereof.

Agreement must be made in advance on the pricing criteria, price and terms of payment. Price is influenced by, for example, agreed standard of quality, difficulty of the text, special field, amount and delivery time. If the price cannot be determined exactly in advance, a price estimate may be provided, which may be adjusted as the work progresses.

Delivery time must be agreed when a commission is made. Any change in timetable will be agreed separately by the parties.

The customer and the company will keep confidential all documents, additional material and other information related to the commission that they have received from one another and which are not publicly available, during their contractual relationship and after it. The confidentiality requirement does not bind the company in the case of information that the company has rightfully received before or after the commission from a third party which has not insisted that they be kept confidential and has not received the information directly or indirectly from the customer.

On a case by case basis, special data privacy may be determined to cover material or information that the customer or the company has deemed confidential.

The customer and the company will ensure within their spheres of responsibility that data privacy laws and provisions issued by the authorities are observed.

The company must be notified within 14 days of defects or errors detected in the translated text during review or otherwise. The company will reserve the right to correct any defects or errors within an agreed deadline.

If the customer wants to make other changes to the translated text than corrections to detected defects or errors, it must do so in collaboration with the company. The company is not accountable for changes made by the customer unilaterally without agreement with the company.

When the company has supplied the translation to the customer for review and approval, the customer must give its feedback to the company within an agreed time. The company must take heed of the feedback.

The company reserves the right to proofread texts that will be printed.

The company holds the copyright as referred to in the Copyright Act (404/1961) to the translated text unless otherwise agreed. The company assigns the right of use to the translated text in the extent and for the purpose required by the commission.

Unless otherwise agreed, the company holds all rights to the translation memories generated in conjunction with the work it carries out.

If the customer does not observe the terms of payment agreed with the company, the company is entitled to interrupt commissions in progress and invoice for work done.

The company must immediately notify the customer of a possible force majeure. A force majeure will entitle both the company and the customer to relinquish the commission; however, the customer must undertake to pay for work done. The company undertakes to assist the customer by all available means so that the commission may be given to another supplier.

Force majeure means strikes, lockouts, industrial action, insurrection, natural disasters, state of war, sudden illness or other insurmountable obstacle which can be clearly shown to have prevented the company from carrying out the commission as agreed.

Disputes between the customer and the company should be settled through conciliation. Disputes that cannot be conciliated will be resolved in the district court of the company’s domicile or the Helsinki District Court under Finnish law.

The company’s liability for damages is limited to the compensation paid for the commission. The company is not liable for indirect or consequential losses caused by the translation.

The Finnish law will be observed in interpreting these General terms and conditions.

The general terms of delivery are applied if other terms of delivery have not been agreed upon by the company and the customer.