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Terms & Conditions

Table of Contents

  1. Definitions
  2. General
  3. Acceptance of Assignments
  4. Modification and Cancellation of Assignments
  5. Intellectual Property
  6. Completion of Assignments
  7. Non-Disclosure
  8. Client's Obligations and Translator's Right to Postpone
  9. Translator's Liability
  10. Force Majeure
  11. Deadlines
  12. Payment of Invoices, Interest and Collection Costs
  13. Complaints
  14. Cancellation
  15. Final Articles

Haasen Translations is listed in the Dutch Trade Register under identification number 27332707. Download a printable PDF copy of these Terms and Conditions.
Disclaimer: These Terms and Conditions in English have been backtranslated from the original Terms and Conditions in Dutch, which are binding. Any translated version shall be for information purposes only.

  • Dutch version created on January 5, 2016 in 's-Hertogenbosch, the Netherlands.
  • Original translated version completed on March 21, 2016 in 's-Hertogenbosch, the Netherlands.
  • Revised Dutch version filed with the Dutch Chamber of Commerce in The Hague, the Netherlands, on March 21, 2016.

  1. Definitions and Conditions.
    • Terms and Conditions: The present Terms and Conditions for Haasen Translations.
    • Section: Every section in these Terms and Conditions.
    • Assignment: The translation and/or adaptation of a spoken or written text by Translator, including any third parties appointed by Translator, which shall be the subject of the Agreement between Client and Translator.
    • Translator: Mr Mark Haasen d/b/a Haasen Translations.
    • Client: The natural person or legal entity who enters into an Agreement with Translator.
    • Agreement: The entirety of stipulations that goes with the Assignment, including the Terms and Conditions.
    • Translation: The translation and/or adaptation of a spoken or written text, which shall be the subject of the Assignment.
  2. General
    1. The Terms and Conditions shall apply to all offers and quotations provided by Translator, as well as all Agreements that Translator and Client have mutually entered into, including the Agreements' completion by Translator and by any third parties appointed by Translator.
    2. Client has read through the contents of the Terms and Conditions and accepts their applicability to the Agreement.
    3. The Terms and Conditions shall apply to the Agreement, its establishment, any offers and quotations as well as any preceding legal acts, and furthermore all Agreements that Translator (including any third parties assigned by Translator) and Client mutually enter into at a later time.
    4. All Terms and Conditions or other stipulations applied by Client shall hereby be explicitly declined. Client can appeal to any stipulations deviating from or complementing the Terms and Conditions only if Translator has accepted these in writing for the relevant Agreement.
    5. The Terms and Conditions can be changed by Translator at his sole discretion.
    6. If any stipulation in the Terms and Conditions or the Agreement shall prove invalid or unenforceable, all other stipulations shall remain in full effect. In that case, both parties shall replace the invalid stipulation by a valid one according to the Agreement's purpose and scope, in such a way that the new stipulation shall deviate only minimally from the invalid one.
  3. Acceptance of Assignments
    1. Offers and quotations shall be provided by Translator without any obligations, unless a deadline is specified.
    2. If an offer has no obligations and is accepted by Client, Translator shall have the right to cancel his offer within 5 (five) working days of receipt of acceptance.
    3. If Translator does not receive from Client the Assignment or at least the source text, including the data carriers, subject to Translator's stated delivery specifications, or if Client does not give Translator insight into the source text despite Translator's request hereto, Translator shall still have the right to cancel the Agreement after 15 (fifteen) days, in which case Client shall not have any entitlement to damages. In this case, Client shall be liable towards Translator for any consequential damages, including but not limited to any damages as stated in Sections 4.2 and 4.3.
    4. Should an offer or quotation contain an obvious mistake, no Agreement can be established based on that text.
    5. An Agreement shall be deemed established if Client has returned the quotation as-is to Translator, either in writing and signed or via email. Equally, an Agreement shall be deemed established through written confirmation of a Client's Assignment within 7 (seven) days upon receipt by Translator.
    6. Should an Agreement encompass multiple assignments, an Agreement can only be established in connection with all assignments, unless Translator states otherwise.
    7. All quotations and offers shall be provided excluding VAT, unless explicitly stated otherwise.
    8. The Client taking part in the Agreement shall be the (legal) entity who has provided the Assignment, unless the Client stated explicitly at the time of the Agreement's acceptance to be acting on behalf of a third party, according to that party's view and at that party's risk. In that case, the third party shall not introduce any ambiguity about who the Client is, and Translator may consider said third party as the Client in connection with the Agreement.
  4. Modification and Cancellation of Assignments
    1. The Assignment at the time of the Agreement's acceptance shall be decisive for the Assignment's completion. Should Client introduce any modifications to the Assignment other than only minor changes, Translator shall be entitled to adjust the term and/or the compensation due at his sole discretion, according to the scope of the modifications or at least their consequences for the Agreement, or Translator shall be entitled to either refuse the Assignment or cancel the Agreement, in which case Client shall not have any entitlement to damages. In this case, Client shall be liable towards Translator for any consequential damages, including but not limited to any damages as stated in Sections 4.2 and 4.3.
    2. If a Client cancels or at least fails to complete the Agreement, upon its establishment but before both parties have been able to meet their mutual obligations, Client shall owe Translator full compensation for already completed work, augmented by a reasonable compensation based on an hourly rate of € 50 excluding VAT for already completed preparation work for the remainder.
    3. If a Client cancels or at least fails to complete the Agreement, upon its establishment but before both parties have been able to meet their mutual obligations, Client shall owe Translator a reasonable compensation based on an hourly rate of € 50 excluding VAT for the un-executed part of the Assignment.
  5. Intellectual Property
    1. Unless otherwise explicitly agreed upon in writing, Translator shall retain the copyright of any translations and other texts that Translator produced.
    2. If Translator gains information with respect to the translation of certain words/concepts in order to complete the Agreement, Translator shall be entitled to use these either for other purposes or for other agreements, to the extent that the non-disclosure agreement between Translator and Client is not impeded.
    3. Client shall indemnify Translator against third-party claims owing to alleged infringement on ownership right, patent law, copyright or other intellectual property right in connection with the Agreement's completion.
  6. Completion of Assignments
    1. Translator shall complete each Agreement according to expectations of a reasonably acting and reasonably capable interpreter or translator.
    2. Translator shall reasonably take into account Client's justified interests when completing the Agreement, as part of which he shall be liable to follow reasonable instructions, to the extent that these do not detract from the Translation's scope.
    3. If requested by Translator, Client shall be under the obligation to provide Translator information as regards to content about the text for translation as well as any documentation or reference material, if available. The submission of aforementioned assets shall occur at Client's account and risk at all times.
    4. Translator shall be entitled to outsource the Assignment provided to him (in part) to any third parties, unless this has been explicitly excluded within the Agreement.
  7. Non-Disclosure
    1. Translator and any third parties he appoints in order to complete the Assignment shall not disclose any data, including any information and software applications, acquired as a result of completing the Assignment.
    2. Translator or any third parties shall not benefit from their perusal of the data as part of the Assignment's completion, other than using the Translation for the purposes of other assignments.
  8. Client's Obligations and Translator's Right to Postpone
    1. Should an Agreement encompass multiple assignments or at least components, Translator shall be entitled to invoice each assignment or at least each component separately. Translator shall be entitled to wait for payment of each separate invoice before commencing work on any consecutive assignments or at least assignment components.
    2. If any (partial) invoice, including but not limited to advance invoices, is not paid within the specified payment term, Translator shall reserve the right to postpone his work for Client in connection with both the present Agreement and another Agreement. In this case, Translator's entitlement to damages, including but not limited to statutory commercial interest and collection costs, shall remain in effect.
    3. Client shall be liable to comply with any reasonable requests from Translator, including but not limited to the source text's delivery method, the full source text and the source text's context, and the Translation's purpose. Translator shall be entitled to postpone his work on the Assignment until Client has complied with Translator's request. In this case, Client's liability for all consequential damages to Translator, including but not limited to any damages as stated in Sections 4.2 and 4.3, shall remain in effect.
  9. Translator's Liability
    1. Translator can be held liable by Client only for any damages that have been directly and exclusively caused as a result of a culpable negligence on Translator's side.
    2. In any case, a culpable negligence on Translator's side shall be acknowledged only if the relevant fault relates to:
      1. any default on Client's side, e.g. Client's acts conflicting with Sections 8.1, 8.2 or 8.3
      2. any delay in the Assignment's completion that can or could be attributed to Client;
      3. any ambiguity, inaccuracy or incompletion or any ambiguities, inaccuracies or incompletions in the source text;
      4. Client's instructions;
      5. circumstances beyond Translator's control, as stated in Section 10.
    3. The scope of Translator's liability shall be limited to a maximum of the invoice value excluding VAT of the relevant (partial) assignment.
    4. Furthermore, Translator can never be held liable for:
      1. loss of profits, including stagnation damage and loss of earnings;
      2. damage caused intentionally or by deliberate recklessness by any third parties appointed by Translator;
      3. damage to or loss of any documents or information (carriers) made available for the purpose of the Agreement's completion;
      4. costs and/or damage resulting from the use of information technology and telecommunication means;
      5. costs and/or damage resulting from the transport or submission of files or information (carriers);
      6. costs and/or damage resulting from computer viruses in files or information (carriers) delivered by Translator.
    5. Client shall indemnify Translator against all third-party claims according to any stipulations in the Terms and Conditions that also apply to Client.
  10. Force Majeure
    1. The Agreement shall encompass all unforeseen circumstances at the time of the Agreement's acceptance that reasonably prevent Translator from complying with any obligation towards Client.
    2. Force Majeure includes:
      illness, accidents, fire, strike, war, threat of war, revolt, transport difficulties, governmental measures, force majeure and other serious disruptions on Translator's side that Translator could not influence in general or at that time.
    3. In case of a circumstance beyond any party's control, the obligations on both parties' sides shall be suspended. Should the Force Majeure last so long that compliance can no longer be reasonably expected, each party shall be entitled to cancel the Agreement through a single written statement, without any party being liable towards the other for any damages. In this case, Translator's compensation under Section 4.2 and/or Section 4.3 shall remain in effect.
  11. Deadlines
    1. The delivery term shall be approximated by Translator, unless Client has proposed a delivery time that Translator has accepted in writing.
    2. When determining the delivery time, Translator will assume that he will be able to complete the Assignment under the present conditions at that time.
    3. The delivery time shall commence when Client has completed all of his obligations towards Translator with respect to, but not limited to, Section 8.
    4. If Translator has appealed to his right to postpone with regard to Section 8, the delivery time shall be extended with the postponement's duration. If Translator's schedule cannot accommodate continuation of the work, it will be resumed as soon as Translator's schedule allows for completion.
    5. If there are any extenuating circumstances, other than the ones known to Translator at the time of determination of the delivery time, Translator shall be entitled to extend the delivery time with the time deemed required to complete the Assignment under these conditions. If Translator's schedule cannot accommodate the work, it will be completed as soon as Translator's schedule allows for completion.
    6. To the extent that timely delivery is reasonably impossible for other reasons than circumstances beyond Translator's control, Translator shall be obliged to inform Client as soon as possible.
    7. There can be a deadline only if a certain term or date has been explicitly agreed upon by both parties.
    8. The delivery shall be deemed completed at the time of personal delivery or transmission through regular post, fax, courier or electronic mail.
    9. The delivery of data through electronic mail shall be deemed completed as soon as the medium has confirmed the transfer.
  12. Payment of Invoices, Interest and Collection Costs
    1. Any invoice shall be paid in the currency and within the payment term as specified on Translator's invoice to Client, or as agreed upon between Translator and Client (whether or not with respect to previous Assignments). If clear agreements regarding the aforementioned have not been made, the payment term shall be 14 (fourteen) days.
    2. As soon as any payment term passes while Client has not made the relevant payment, Client shall be in default without further notice and Translator shall be entitled to charge collection costs as well as contractual interest to Client.
    3. The contractual interest shall be 1.5% per month for the unpaid claim and shall be due from the time Client is in default until full payment has been received.
    4. The collection costs as regards to a professional or corporate Client shall be 15% for the unpaid claim and shall be due from the time Client is in default.
    5. If Client is a consumer, the collection costs under Dutch Debt Collection Law shall be a minimum of € 40 and further 15% for the first € 2,500 of the unpaid claim, 5% for the next € 5,000 of the unpaid claim, 1% for the next € 190,000 of the unpaid claim and 0.5% for the remainder of the unpaid claim, to a maximum of € 6,775. The collection costs shall be due from the time Client is in default and has been reminded by Translator that his claim shall be liable to collection costs under the aforementioned stipulations if Client has not paid the claim within 14 (fourteen) days.
      1. If any dispute between Translator and Client is taken to court and Translator wins the case, Translator shall be entitled to charge Client for all costs incurred as part of the legal proceeding.
    6. Client shall not be entitled to apply any of his (damage) claims to Translator's claims.
    7. Any claim from Client to Translator shall be immediately claimable if:
      1. a payment term on Client's side has passed;
      2. Client is in a state of bankruptcy or has applied for a moratorium;
      3. the claim has been seized by any of Client's creditors;
      4. Client is a company and is dissolved;
      5. Client is a natural person and has been made a ward of the court, has been placed under statutory debt restructuring, or has died.
  13. Complaints
    1. Client shall file any complaint regarding the Translation as soon as possible with Translator, in writing, and in any case 7  (seven) days upon receipt. Any complaint shall not impede Client's payment obligation.
    2. Any right on Client's side for replacement, repair or price reduction shall be void if Client has not filed a written complaint with Translator within 7 (seven) days after Client has found or should have reasonably found the fault.
    3. If 30 (thirty) days have passed since receipt of the Translation and Client has not registered a complaint about the Translation, it is assumed that 7 (seven) days have passed since the date on which Client has found or at least should have reasonably found the fault.
    4. If Translator deems the complaint legitimate, Translator shall ensure replacement or repair within a reasonable time frame. Translator shall equally be entitled not to ensure replacement or repair but instead adjust his compensation for the work according to the fault.
    5. Any right on Client's side for replacement, repair or price reduction shall be void if Client has adapted the Translation without Translator's consent or has requested third-party adaptation, and has reproduced or requested third-party reproduction for the adaptation in print or digitally.
  14. Cancellation
    1. If the Assignment's feasibility proves reasonably impossible after the Agreement has been established, and the unfeasibility can be attributed to the information provided by Client, Translator shall be entitled to cancel the Agreement without being liable for payment of damages to Client, and Translator shall be entitled to invoice additional charges for any work deviating from the quoted work.
    2. The aforementioned applies equally if it turns out at the time of the Agreement's completion that the information provided by Client at the time of the Agreement's acceptance differs substantially from the information provided by Client at the time of the Agreement's completion.
    3. Translator shall be entitled to cancel the Agreement, in part or in full, through a single statement if:
      1. Client is in default in connection with his compliance to any obligation towards Translator, explicitly including the obligations as stated in Sections 3.3, 4.18, and 10.3;
      2. Client is in a state of bankruptcy or has applied for a moratorium;
      3. any of Client's claims on Translator has been seized by any of Client's creditors;
      4. Client ceases operations;
      5. Client is a company and is dissolved;
      6. Client is a natural person and has been made a ward of the court, has been placed under statutory debt restructuring, or has died.
    4. Cancellation of the Agreement by Translator shall not impede Client's payment obligations, including compensation according to Sections 4.2 and 4.3.
    5. If the Agreement is cancelled by Translator under the stipulations in this Section, Translator shall not be liable for any compensation to Client. In this case, the stipulations in the Terms and Conditions with regard to cancellation by Translator, whereby Translator shall not be liable for any compensation, shall remain in effect.
    6. If Client wishes to cancel the Agreement while neglect on Translator's side is not applicable, and Translator agrees, the Agreement shall be cancelled based on mutual consent. In that case, Translator shall be entitled to compensation of all financial damages, including loss, loss of earnings and incurred costs.
  15. Final Articles
    1. The present Agreement or any further resulting Agreements shall be governed exclusively by Dutch law.
    2. All disputes arising from the present Agreement or any future Agreements shall be exclusively brought before the appropriate authority in The Hague, the Netherlands.