Hungarian Office for Translation and Attestation Ltd. as Contractor (hereinafter: OFFI), com-mits to provide the services listed under clause I for the clients’ (Buyers) request with the fol-lowing conditions unless otherwise agreed in writing.
I. The services of OFFI:
Pursuant to the mandatory provisions of Decree No. 24/1986 (26 June) of the Council of Ministers on Translation and Interpretation and Decree No. 7/1986 (26 June) of the Minister of Justice on the implementation thereof, in Hungary attested translation, attestation of translations and making attested copies of foreign language source documents are the ex-clusive competence of OFFI, unless otherwise stipulated by law. In addition to these activi-ties, OFFI also provides other translation and interpretation activities for its clients.
The services provided by OFFI:
- Translation into the target language (translation / technical translation) linguistic and/or technical, and stylistic verification of an existing translation based on the source text (revision); translation and revision into the target language (revised translation) or certified translation into the target language (certified translation*) of source-language texts provided by the clients
- Revision and attestation of a translation prepared elsewhere and submitted to OFFI by the client (attestation of translations*)
- Making attested copies of foreign language source documents submitted to OFFI by the client (making foreign-language attested copies*)
- activity: oral translation, when the interpreter directly translates the orally produced source text into the target language in speech.
- Additional services: in the case of certified translation of Hungarian documents, OFFI can take measures to obtain a notarized copy of the original document at the client’s specific request.
II. Ordering and contract conclusion:
The client shall submit its order and the source-language text constituting the subject of the order to OFFI personally or via courier, via e-mail, online, fax or postal service at his/her own expense, who in turn, will confirm the acceptance of the order in writing on its regular Order Form in use for such purpose, or as set out under clause II/2.
On the Order Form, the following must be specified: the language pair of the service (source and target language), type of service, type and pieces of the documents received. In the case of fixed-price certified translation, EHE (simplified naturalization procedure), or EHF (simplified certified translation), the price per piece; in the case of other, certified trans-lation, the estimated target language volume in characters; in the case of e-certified transla-tion and technical translation, the source language volume in characters and the price (es-timated or final); and in the case of all orders: the completion date, the advance payment if required, and the method of the payment.
Unless otherwise agreed by the parties in writing, or except for the cases specified under clauses II.1. – II.2, the contract shall be deemed concluded between the parties if the client signs and returns to OFFI the Order Form filled out and sent by OFFI, and provides the source language text. All risks related to providing the source language text to OFFI, thus especially: late or incomplete submission of documents, complete or partial illegibility of the source-language text, or all consequences resulting from any omission or error that makes translation impossible or constitutes an obstacle thereto, shall be deemed the responsibility of the client.
*Attestation means the authentic certification of the fact that the target-language text of the prepared translation and the underlying source-language text are contentwise identical and equivalent as to meaning. The attestation service does not, under any circumstance, certify the formal or content-related accuracy, authenticity or validity of the document (text) pro-vided by the client.
OFFI is entitled to duly verify the right to representation of the person acting on behalf of the client, for example by requesting a deed of authorization, verifying personal identity etc. In the course of placing the order and fulfilment, the client may not invoke the non-existence of the right to representation of the person acting on his/her behalf or exceeding the limits thereof, in order to avoid payment of the service fee or to reduce its amount.
If the client fails to pay the service fees invoiced for earlier orders, OFFI shall be entitled to deny new orders until the outstanding payments are fully settled.
1. Special rules regarding ordering certified translation
The ordering of certified translations can be done in the following way:
a.) paper-based documents: personally or via mail (and via fax, electronically etc.)
b.) electronically: personally by submitting an electronic data-carrier device or via e-mail. In the case of ordering via e-mail, if the document is not e-certified, the original document or its attested copy shall be handed over to OFFI upon receiving your translation at the latest.
In the clause attached to the translation, OFFI authentically certifies that the translation is in full conformity with the text of the underlying document attached to the translation. In the case of electronic attestation, OFFI certifies that the translation was made by OFFI, and the content of the files has not changed since the attestation, and the translation has the same content as the underlying source-language text.
OFFI assumes no responsibility for the authenticity and content of the documents; the con-sequences of such inadequacies shall fall upon the client.
OFFI shall have the right to deny the making of paper-based certified translation, if the doc-ument to be translated is illegible or incomplete in its essential parts, or contains posterior, unofficial corrections, erasures, insertions, or if any concern arises as to its authenticity.
E-certified translation is only possible for such electronically submitted e-certified files that were examined as to electronic signature by OFFI and found valid pursuant to Sections 12-16 of Government Decree 451/2016 (XII.19) on the Detailed Rules of Electronic Proce-dures. OFFI shall have the right to deny making e-certified translations if the electronic sig-nature on the file is not certified, or its certification is invalid or its unalteredness cannot be ascertained.
If the concern regarding the authenticity of the document would arise upon placing the or-der, OFFI will accept to do the translation after the document has been attest-ed/notarized/provided with Apostille. Should the concern arise after the placement of the or-der in the course of fulfilment, OFFI shall be entitled to rescind the contract and return the document to the client or to initiate official proceedings. Such documents will only be reac-cepted for translation after attestation. In the event of annulment of the order after the order is placed, OFFI is entitled to simultaneously charge a handling fee in the amount specified in its effective price regulation.
In the case of electronically ordered e-certified translation, the contract is deemed concluded and the completion period commences when the client accepts and confirms OFFI’s price quotation and this GTC, fully pays the price of the translation calculated based on the source-language characters and the sum arrives into OFFI’s account.
In the case of certified translation, we commence work on the assignment after full payment in the case of fixed-price or e-certified services, or after partial payment when we are requesting an advance payment, and the translation can be received after the payment of the remaining fee of the total fee payable for the translation, not covered by the advance payment.
2. Special rules on ordering translations electronically
2.1. Ordering technical translations online – through the client portal
The client has the option to order technical translation via the OFFI website (www.offi.hu) under Online ordering menu item by registering in the so-called internal “Client Portal” system (hereinafter: Client Portal):
- After registering in the Client Portal system private persons will receive an automatic e-mail containing the user name and password required for accessing the Client Portal.
- In the case of legal entities, OFFI sends out an e-mail to the client after filling out the regis-tration section, and by clicking on the provided link, registration will be activated. When reg-istration is activated, OFFI will notify the client via e-mail that the registration has been rec-orded and will provide the user name and password required for accessing the Client Por-tal.
The client provides the source and target language and desired completion date in the Client Portal system when requesting the price quotation and uploads the text to be translated. OFFI makes the price quotation upon request and notifies the client accordingly via e-mail.
If the client finds the price acceptable, client will accept it via the Client Portal, and in case of ordering the translation, pays the full translation fee via transfer or bank card, accepts the GTC and gives irrevocable consent to the commencement of the translation by OFFI.
In the case of transfer, the time of commencing the translation activity will be the time when the translation fee arrives into OFFI’s account, whereas in the case of payment by bank card, the time of payment of the translation fee.
2.2. Ordering certified translation or technical translation via website or e-mail
The client can order certified translation or technical translation via the “Request for Quotation” form available on OFFI’s website (www.offi.hu). The client fills out the form and uploads the material to be translated. OFFI will send its price quotation to the client via e-mail. Should the client find it appropriate, he/she will accept it via e-mail.
The contract is concluded between the parties when OFFI expressly confirms the claim confirmed by the client, the client accepts the confirmation and this GTC, and pays the ad-vance payment specified for the relevant order. In case of ordering via e-mail, the client can settle the fee of translation personally or via transfer.
2.3. Common rules
The uploading of data or electronic sending of data and the confirmation of their receipt does not qualify as contract conclusion, only as filing a claim. The placement of orders takes place continuously during open hours on the working days.
III. Performing the service:
Client acknowledges that contract conclusion also means unconditional consent to the prompt commencement of performing the service. Client acknowledges that he/she cannot rescind or terminate the contract when service performance has already commenced pur-suant to Section 6:249 of the Civil Code, and cannot exercise the right to withdrawal speci-fied under Sections 20 and 29 of Gov. Decree No. 45/2014 (II.26), because the product is not prefabricated but it is individually tailored based on a unique order.
OFFI shall only be obliged to translate peculiar terminologies occurring in the source lan-guage special specialized text, if the client has annexed to the source language text the terminology and background material for OFFI’s use, and provides an opportunity for con-sultation.
In the course of performance, OFFI is entitled to resort to collaborators and as such, the service may contain mediated service. OFFI shall be liable for collaborators’ activity as if it were its own action.
OFFI delivers its work as per the client request by handing it over personally, or at the cli-ent’s expense via post or courier, or via e-mail except for the certified translations. E-certified translations are handed over to clients personally or via e-mail.
The source language text provided to OFFI is attached to the translation in the case of cer-tified translation of paper-based documents, or returned to the client simultaneously with handing over or sending the translated text in the case of technical translation.
In the case of e-certified translation, the original file submitted for translation and the certi-fied translation thereof are placed in a file inseparably and electronically signed with OFFI’s electronic stamp in pdf. format and provided with OFFI’s electronic seal. This e-dossier package is delivered to the client.
If the client does not pick up the translations in the 30 days following the completion date, OF-FI shall be entitled to charge HUF 500 + VAT handling fee for safe-keeping and storage.
IV. Completion dates:
As to the completion date, the conditions specified in the Order Form as detailed in this GTC and confirmed by OFFI shall prevail.
The condition for honouring the completion date is that all documents required for the trans-lation be submitted simultaneously with the order.
If the source-text needs to be resubmitted due to illegibility or other reasons and OFFI cannot commence service performance, the completion date will be extended in proportion to the time required for supplementing the source text.
If the client requests delivery by post, OFFI will mail the document on the day of the comple-tion date at the latest, which is also the date of performance. The time required for delivery by post is not included in the completion date.
V. Fees of the service and payment conditions:
The currently valid general fees charged for OFFI services are published on OFFI’s web-site (www.offi.hu). In a separate agreement, the parties may agree on other fees other than those published.
The basis for calculating the fee of the translation in case of paper-based certified transla-tion is the number of characters (including spaces) of the target-language text, the number of characters of the source-language text or the value established in other agreements in the case of e-certified translations and technical translations, and the number of pieces in the case of fixed-priced documents.
The basis for calculating the fee of interpreting is the time needed for fulfilling the assign-ment, travelling, meals and in-between breaks based on the type of interpreting.
The client acknowledges that OFFI is entitled to establish a minimum fee.
In other respects as to the fee payable by the client for the services provided by OFFI, the conditions put down in the Order Form or established in the manner specified under clause II/2 and confirmed by OFFI shall apply.
After each commenced page of the certified translation, and after each commenced page of the photocopy of the foreign-language source document attached to the certified transla-tion, the client shall pay the duty in revenue stamp pursuant to the Act on Duties.
In the case of e-certified translation the client shall pay the duty established based on the number of submitted files pursuant to the provisions of the Act on Duties.
Should the client request changes in the completed translation, revision work, OFFI shall be entitled to retranslate the entire text and invoice the full fee again if the change request is not properly and unambiguously indicated.
In the case of materials submitted for revision or attestation, OFFI shall be entitled to charge the translation fee as well, if the quality of the submitted translation is poor.
If the client chooses to present the original version of the source-language document of which the certified translation has been done afterwards, OFFI shall be entitled to charge a collation fee for the pages of the source-language text based on its valid fee list.
If it turns out that the copy of the source-language document submitted for translation when placing the order and the original document provided afterwards vary in any aspect, OFFI shall be entitled to recharge the full revision fee.
The payment of the service fee can be done by payment after delivery (cash on delivery), in cash, via transfer and pre-transfer based on the agreement of the parties.
Subsequent transfers are allowed in the following cases:
- judicial organs, authorities (courts, police, prosecutor’s offices);
- public administrative clients (ministries, government agencies etc.);
- the clients with whom OFFI concluded a framework contract;
- clients who are legal entities based on a uniquely granted request.
The clients, who have outstanding debts, can place new orders only if they pay the advance payment and final invoice in cash; in the case of outstanding debts exceeding 30 days, OFFI is entitled to refuse further orders or stipulate certain conditions for such orders.
When choosing bank transfer, unless otherwise agreed, the client shall pay the service fee into the bank account stated on the invoice within 8 calendar days from receiving OFFI’s invoice.
OFFI maintains the right to request advance payment, which amount is occasionally listed in the Order Form, given the fact that the service is aimed at creating a product based on the unique text provided by the client that cannot be used for any other purposes. If there is an advance payment, the contract is deemed concluded on the day when the transferred amount arrives into OFFI’s account. The completion period is set from the day that follows except for 24-hour orders.
In the case of making an advance payment, should the final amount be less than the amount paid as advance payment, the amount due back to the client will be paid to him/her personally in the OFFI cash desk or via OFFI-initiated bank transfer.
If the transfer needs to be made into a foreign bank account, the related handling fees will be borne by the client. If the amount that is due back does not cover the banking fees, OF-FI will notify the client and ask for other instructions as to the payment of the amount.
In the case of late payment the client shall pay to OFFI the interest applicable to late pay-ment pursuant to the Civil Code. The late payment interest is due from the day of the de-fault. The day of the default is the day following the date specified as due date on the issued invoice, otherwise it is the day following the date specified as date of delivery of the trans-lated material in the order.
If the client rescinds the order after concluding the contract due to any reason occurring outside the sphere of interest of OFFI, client shall pay to OFFI the fee due for the work al-ready performed in a certifiable manner until the rescission was notified in writing, the re-scission fee and other certified expenses incurred by OFFI.
OFFI does not charge a fee for sending materials/files electronically (primarily via e-mail, electronic data-carrier). If the sending is done in a different way (via courier, post etc.) i.e. non-electronically, the related fees of delivering the executed work will be borne by the cli-ent.
Potential complaints related to the executed translation will have no suspensive effect as to the payment of the service fee.
VI. Guarantee, defective performance:
OFFI undertakes to perform the service of good quality into the target language, in a way fit for the objective of the service.
The client warrants that client is entitled to order the service from OFFI free from any limita-tions. If third parties were to enforce a claim towards OFFI for infringement of copyrights or any other reason with regard to a document submitted for translation, the client undertakes to fully relieve OFFI from satisfying such claims.
For translation mistakes arising from the erroneous content, potential invalidity and uninter-pretability of the source-language document, and the damages resulting from the sending of source and target-language texts between the parties, OFFI assumes no responsibility.
The client shall verify the work performed by OFFI promptly and properly. If the client rais-es any concerns regarding the quality of the ordered service after two months from receiv-ing the translation, OFFI will be entitled to charge revision fee in the absence of a contrary contractual provision. The client shall indicate the potential translation and other deficien-cies, mistakes and the nature of the mistake precisely, unambiguously and in a detailed way. OFFI is entitled to disregard and dismiss general complaints and quality complaints that are not specific. The quality complaints regarding interpreting can be made in a record supported by the unanimous, objective opinion of 2 witnesses, whose names shall be pro-vided.
OFFI will examine the quality complaints regarding its services promptly and perform the necessary corrections within the time agreed with the client, proportionate to the volume of the corrections in maximum 30, but possibly 15 days, and change the translation free of charge. If the parties cannot agree as to the deadline, or the client resorts to a third party for this purpose, OFFI will be exempted from its obligation to execute the corrections. If OFFI corrects its errors within the established period, the client shall pay the full fee of the service. If OFFI fails to perform the corrections within the established period set for this purpose, the client may withdraw from the contract or request a fee reduction. In the event of withdrawal the client cannot use the translation. Insignificant errors do not constitute grounds for withdrawal.
Complaints (change requests) filed for style or the use of special terms (especially sectoral terms or internal specialized terminology created by the client), will not be deemed transla-tion errors, unless the client unambiguously communicated those and the instruction to their use to OFFI when the order was placed.
The client’s warranty claim is limited to the amount of the fee paid for the service. In other respects, OFFI will be held accountable for the damages caused by erroneous and/or late service performance according to the general rules of civil law. The client is only entitled to file any claim for damages in causal connection with OFFI performance if client has enforced the right to have the translation corrected.
VII. Other provisions
The contract concluded between the client and OFFI is valid until the service/compensation contained in the order are paid and performed, except for unique framework contracts.
The parties will first try to amicably settle any potential disputes arising from the legal rela-tionship formed between them.
The mutual commitments laid down in the Order Form, and by reason of signing the Order Form, the provisions contained in this GTC are governing and deemed accepted in the con-text of the parties’ legal relationship even if the GTC document is not separately signed.
In other respects concerning the content of the legal relationship established between the par-ties, the conditions laid down in the Order Form and confirmed by OFFI shall be governing with the addition that in the matters not mentioned in the Order Form and not regulated in this GTC, the Civil Code and the Hungarian laws in force shall apply.
The parties have the obligation to closely cooperate with each other in the interest of service performance, and to promptly notify each other of any reason that may constitute an obstacle, a limitation or cause a delay in performance.
These general terms and conditions are valid until revoked.
The parties may agree on other contractual conditions in writing with mutual consent, and may also modify a contract existing between them with mutual consent at any time.
OFFI declares that the documents received through the orders for translation and interpret-ing, and the information revealed in the documents handed over for translation, or otherwise learned in the course of fulfilling duties are handled confidentially.
OFFI handles the personal data and the special categories thereof in its possession (personal data: any information of identified or identifiable natural persons; an identifiable natural person is a person who can be directly or indirectly identified especially based on some identifier such as name, number, data that defines location, online identifier or other fact or several facts re-ferring to the bodily, physiological, genetic, intellectual, economic, cultural or social identity of the natural person) pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council.
OFFI declares that these data are only handled to the extent and for the time required to per-form its duties, and data handling does not involve data processor. OFFI will only disclose the data and information learned in the course of performing its duties to third parties with the cli-ent’s prior written consent or explicit request. By signing the Order Form, the client gives con-sent to the data handling of the order-related voluntarily provided personal and special data by OFFI in the manner defined in the Data Processing Information, available on the company website: www.offi.hu.
Hungarian Office for Translation and Attestation Ltd.