GENERAL CONDITIONS OF SALE OF ALPHATRAD SPAIN S.L.
ARTICLE 1: DEFINITIONS
Within the framework of these General Conditions of Sale (GCS), the following definitions are applied:
ALPHATRAD SPAIN: ALPHATRAD SPAIN S.L with registered office in calle Gran Vía 6, 4º, 28004 Madrid and Tax ID (C.I.F.) number B 83436725 is registered in the Mercantile Registry of Madrid, on Volume 18090, Book 0, Folio 166, Section 8, Sheet M-312881, Entry 1, Telephone number: +34 901 264 200.
Customer: natural or legal person who is a consumer by virtue of Spanish Royal Legislative Decree 1/2007, which approves the consolidated text of the General Law for the Defence of Consumers and Users, with whom ALPHATRAD SPAIN S.L. enters into a contract in order to provide services of translation, interpretation, interpretation by telephone or video conference, voice dubbing, subtitling or transcription of audio files.
Service(s): translation, interpretation, interpretation by telephone or video conference, voice dubbing (voice over), subtitling and transcription of audio files performed by ALPHATRAD SPAIN for the Customer within the framework of an offer or a contract entered into between ALPHATRAD SPAIN and the Customer, and in particular those services specified in article 8 of this document.
Contract: contract entered into between ALPHATRAD SPAIN and the Customer, the purpose of which is the provision of services by ALPHATRAD SPAIN, which will be made up of this document, the special provisions for consumers, as well as the quote or special offers made in writing by ALPHATRAD.
ARTICLE 2: SCOPE OF APPLICATION
This document aims to define the GCS in which ALPHATRAD SPAIN will provide the Customer who so requests, via the website https://www.alphatrad.es, by e-mail or on paper addressed directly to ALPHATRAD SPAIN, the services of translation, interpretation, interpretation by telephone or video conference, voice dubbing, subtitling or transcription of audio files.
The Customer declares that they have read and accepted these terms and conditions before starting the order process. The Customer also acknowledges having the necessary capacity to contract and acquire the Services offered by ALPHATRAD SPAIN.
These GCS apply in their entirety to all Services that ALPHATRAD SPAIN provides to its Customers, regardless of the specific provisions that may appear in a Customer’s special quote.
In the event of the invalidity of one or more provisions of these GCS, the remaining provisions will remain applicable. ALPHATRAD SPAIN reserves the right to amend these GCS, publishing them on its website and making them accessible to Customers.
ARTICLE 3: ORDERS AND ENTERING INTO OF THE CONTRACT
The prices and offers available on the website, price lists, brochures, leaflets, verbal information and other information available to the public are for guidance only and will be indicated as such. Therefore, only personalised quotes made by order of the Customer in accordance with the published prices will be considered binding.
The Customer will choose the Services that they wish to order. It is specified that the choice and purchase of a Service is the sole responsibility of the Customer. It is therefore up to the Customer to check the accuracy of the order before sending it in writing to ALPHATRAD SPAIN via the website, by e-mail, fax or post.
In the quotation stage, the Customer may request the quote by mail or by using the form on the website. In order to make the request correctly, they must complete this request with all relevant information, as well as specifically indicate the service they wish to acquire.
Likewise, the Customer must provide ALPHATRAD SPAIN with the information needed to properly prepare the quote, understanding this to be the documents or material requiring translation, the word counts of the documents, if it is a sworn translation, as well as those specifics included in the services in article 8 of this document.
The quote sent by ALPHATRAD SPAIN includes the type of service (see translation, interpreting, etc.), the price, the deadline for the service and the date of payment. This quote indicates to the Customer the need to carefully read the conditions of sale of the website, which, once the order has been accepted, will be deemed to be accepted. Moreover, the validity of the quote will be 30 days or the deadline specified in the personalised quote.
Likewise, in the event of requesting an advance payment due to the complexity and/or volume of the service requested by the Customer, this will be indicated and specified in the quote.
The provision of the services will be final, in the sense of article 1583 of the Spanish Civil Code, article 23 of the Spanish Law on Information Society and Commerce Services (LSSIC) and article 60 of Spanish Royal Legislative Decree concerning the Defence of Consumers and Users (TRLDCU), as soon as the quote has been expressly accepted in writing, which will be done by e-mail or via the website.
With regard to the right of withdrawal, the provisions of the special conditions concerning the right of withdrawal (clause 15 of this document) will apply.
The execution period may vary depending on the time taken to accept the quote, therefore, if the Customer does not accept the quote in 48 hours, the service provision period may change, and the approximate new delivery deadline will be communicated to the Customer by e-mail. ALPHATRAD SPAIN will not be liable to pay any compensation for any change in the delivery time.
ARTICLE 4: CONDITIONS FOR REIMBURSING THE ADVANCE PAYMENT MADE ON CONFIRMATION OF THE ORDER
In the event that, following confirmation of the order by the Customer in the manner and under the conditions expressly set forth in article 3 of these conditions, ALPHATRAD SPAIN is no longer able to provide the Services in accordance with the quote submitted and accepted by the Customer:
- firstly, it will offer the Customer a new quote, which the latter can freely accept or reject;
- secondly, and only in the event that the Customer has rejected the new quote offered, the advance payment made by the Customer will be reimbursed immediately, without the latter being able to demand the payment of any additional compensation.
ARTICLE 5: RATES
The Services will be provided according to the rates of ALPHATRAD SPAIN in force on the day the order is placed, in accordance with the quote previously drawn up by ALPHATRAD SPAIN and accepted by the Customer under the conditions set forth in article 3 of these conditions.
Prices are expressed in euros and include VAT. After the requested services have been provided, ALPHATRAD SPAIN will issue and deliver an invoice to the Customer. ALPHATRAD SPAIN reserves the right to amend the agreed prices at any time prior to entering into the Contract.
The rates offered may vary due to fees, taxes, because the subject of the order has been changed by the Customer or third-party rates. These variations will be communicated to the Customer as soon as possible and must be accepted by the latter.
The price variation will be payable at the time of accepting the new rate.
In the event of non-acceptance and whenever it is impossible to continue the work, ALPHATRAD SPAIN will not be responsible for the early termination of the services or the partial execution thereof.
In this case, ALPHATRAD SPAIN will be authorised to terminate the Contract without having to pay any compensation to the Customer.
In this case, ALPHATRAD SPAIN will keep the advance payment made by the Customer, if this has been established in the quote, and may also invoice the Customer a pro-rata sum for the number of words already translated.
ARTICLE 6: CONDITIONS OF PAYMENT FOR THE SERVICES
In accordance with articles 3 and 5 of these conditions, the price of the Services will be established on the basis of a quote. Upon confirmation of the order, if stipulated in the quote, an advance payment will be made on the total price of the Services and the remaining amount will be paid before the start of the provision of the Services, at the latest on the day on which the Services are scheduled to be provided.
In the event that full payment for the Services has not been made before it starts to execute the contracted service, ALPHATRAD SPAIN reserves the right not to provide the services without this action being considered a breach of the Contract.
The payment method for the quote will be that established in it, which may be made by invoice, bank transfer, payment gateway or any other means accepted by the quote.
ARTICLE 7: EXECUTION OF THE CONTRACT
All orders are accepted and executed exclusively by ALPHATRAD SPAIN. After entering into the Contract, ALPHATRAD SPAIN will perform the translation services in accordance with the specifications agreed with the Customer by virtue of the Contract.
The Customer will be obliged to do, and even order to be done, everything reasonably necessary and desirable to enable the timely and correct execution of the Contract as indicated in article 3.
This also implies meeting the requests of ALPHATRAD SPAIN regarding the transmission of additional information with a view to correctly executing the Contract.
Notwithstanding the foregoing, and for the purposes of correctly executing the Contract, ALPHATRAD SPAIN will be authorised to entrust the execution of the Services to third parties.
The assignments will be delivered by e-mail together with the original material, if so requested by the Customer. In the case of sworn translations or where so requested by the Customer, they will be sent by post.
ARTICLE 8: SPECIFIC MODALITIES OF THE SERVICE
Use of technical and specific vocabulary
The Customer is expressly informed that the translators and interpreters are not technicians who master the specific vocabulary required in the field(s) of activity for which the Service is requested.
Consequently, within the framework of the provision of the Services, ALPHATRAD SPAIN does not guarantee the technical and specific vocabulary of the Customer’s sector of activity, nor the internal language of their company.
In this context, the Customer must provide ALPHATRAD SPAIN, on their own initiative, at least eight (8) days before the Services are to be provided, with all the documentation necessary for the efficient provision of the Services. This necessary documentation
includes, in particular, the technical glossary and specific vocabulary used in the field of expertise in which the Services are to be provided.
If the Customer does not provide a glossary at least 8 days before the Services are to be provided, it is customary for the translator and/or interpreter to use standardised technical terms without this being used against them.
- Types of interpretation services
There are various types of interpretation services available to the Customer:
Liaison or consecutive interpreting: the role of the interpreter is to facilitate communication between two parties who do not speak the same language. The speaker(s) must pause to allow the interpreter time to translate the content of the conversation. This technique is used in business meetings, training sessions or accompaniments, whether in person, by telephone or remotely.
Simultaneous interpreting (booth interpreting): the interpreter works in a soundproof booth with at least one other interpreter, as the continuous working time is limited to 20 minutes and the interpreters take turns.
The speaker speaks into a microphone connected to the interpreter, who has a headset and instantly reproduces the content of the speech into a microphone. The content of this speech is sent to the headsets of the people in the auditorium in the corresponding language.
- Interpretation services provided online
Interpreting, whether by telephone or video conference, is invoiced in hourly instalments.
Any instalment started is invoiced in full.
Remote interpreting services are provided by appointment. Invoicing begins at the exact time of the appointment. However, an appointment cancelled at least 48 hours in advance will not be invoiced.
The first part of the fee will be invoiced in the following cases:
- Any appointment that has not been cancelled 24 hours in advance;
- Any appointment in which the Customer does not show up.
Within the framework of the provision of interpretation services, if the Customer requests the recording of conversations, they must first inform the participants in the conversation and obtain their agreement. ALPHATRAD SPAIN will only carry out this recording if it is necessary for a transcription and after receiving confirmation from the Customer that they have obtained the consent of each participant. ALPHATRAD SPAIN is exempt from all responsibility with regard to obtaining the proper authorisation of each participant. In order to comply with the personal data protection regulations,
ALPHATRAD SPAIN will not deliver the recording to the Customer and will proceed to destroy it once the translation has been delivered to the Customer.
On the other hand, the Customer is informed that they will not be able to reject an interpreter on the grounds of their accent if the latter has an adequate command of the languages required for the provision of the Service.
With regard to interpreting by telephone or video conference via a telephone company or online (Zoom, Microsoft Teams or equivalent), ALPHATRAD SPAIN cannot be held responsible for the poor quality of the telephone connections or the conference line system. Therefore, line outages or other interruptions cannot be attributed to ALPHATRAD SPAIN.
- Interpretation services provided on site
a. Costs related to the provision of the Services
Unless agreed otherwise, all travel expenses to the place where the Service is provided will be borne by the Customer and will be charged at cost price (plane, train, taxi, accommodation, meals, etc.).
The Customer undertakes to pay for these upon submission of the receipts.
b. Schedules for the provision of the Services
Lunch or dinner breaks, if they are within the Service provision schedule, will be included the actual Service provision schedule.
More specifically, if, as part of the provision of the Service, the interpreter is required to have lunch or dinner with the Customer, this lunch or dinner time will be considered part of the actual hours of provision of the Service. The Customer must sign the interpreter’s attendance sheet if required to do so.
c. Insurance of the Customer for risks related to the provision of the Services
The Customer declares to be insured against the risks related to the provision of the Services.
Particularly, this insurance must cover, in favour of the interpreter, the risks of an accident at the location of the provision of Services and, for their duration, any damage to their physical integrity, civil liability, etc.
d. Deterioration or loss of the interpreting equipment made available to the Customer
In the event that interpreting equipment (booths, microphones, headphones, etc.) is made available to the Customer, this equipment will remain under the Customer’s full responsibility from the moment of delivery until it is returned. Any deterioration or loss will be invoiced at the cost established by ALPHATRAD SPAIN, which rents the material.
e. Extension of the period of provision of the Services due to the Customer
In the event that the period of provision of the Services is extended due to circumstances attributable to the Customer, the latter must assume the consequences arising from this.
In particular, these consequences include:
- the payment of the additional hours consumed within the framework of the provision of the Services at the rate indicated in the quote accepted by the Customer;
- the reimbursement, upon submission of the corresponding supporting documents, of the interpreter’s transport costs (air or train tickets) resulting from the extension of the period of the provision of the Services;
- the reimbursement, upon submission of the corresponding supporting documents, of the interpreter’s subsistence expenses and fees if they are required to remain at the location due to the extension of the period of provision of the Services.
f. Dissatisfaction and complaints from the Customer
The Customer will not be able to reject an interpreter for having a foreign accent if the latter has an adequate command of the languages required for the provision of the Service.
If an interpreter is not to the Customer’s satisfaction, they must inform ALPHATRAD SPAIN within 4 hours of the start of the Service.
In this situation, ALPHATRAD SPAIN undertakes to make every effort to replace the interpreter, to the extent that replacements are available.
If it is impossible to replace the interpreter rejected by the Customer due to no replacements being available, this will be considered a case of force majeure. ALPHATRAD SPAIN will not be obliged to compensate for damages caused by this express case of force majeure.
In any case, the responsibility of ALPHATRAD SPAIN is strictly limited to the Services provided. Consequently, the amount of responsibility of ALPHATRAD SPAIN is limited to the amount of the invoice or the amount estimated by the insurance company covering its responsibility.
Notwithstanding the provisions of article 9 below, the Customer’s complaint relating to an interpreting service must be notified to ALPHATRAD SPAIN within 5 days of its provision by e-mail, fax or post. The complaint will specify in detail, clearly and unequivocally, and with specific and verifiable elements, the reasons for not accepting the interpreter’s service.
g. Impossibility to provide the Service
ALPHATRAD SPAIN will not be held responsible for delays or absences of the interpreter due to circumstances beyond their control, such as delays by RENFE and other rail, land or air companies, traffic accidents, slow traffic due to strikes, demonstrations or any other event beyond their control.
In the event of the total absence of the interpreter en-route due to force majeure, the Customer will bear 50% of the fees and expenses.
In the event of unforeseen illness of the interpreter, which is justified by a sick note issued by a doctor before or during the provision of the Services, ALPHATRAD SPAIN will make every effort to replace them.
If it is impossible to replace the interpreter absent due to illness because there are no replacements available, this will be considered a case of force majeure.
Consequently, ALPHATRAD SPAIN will not be obliged to compensate for damages caused by this case of force majeure.
However, the provision of the Services will not give rise to an invoice for the part not provided. Instead, the Customer will be invoiced for any equipment hire and travel expenses incurred.
- Voice dubbing service
With regard to the voice dubbing service, the prices given in the quote are based on the information provided by the Customer, that is, the length of the original file, or even the number of characters in the text, the type of voice, the languages and the processing of the audio file. The services provided by ALPHATRAD SPAIN can be used freely on any medium and without any duration limit, unless otherwise indicated in the quote, and used in public media such as radio, Internet or television broadcasting.
ALPHATRAD SPAIN reserves the right to revise the quote if certain operations were not foreseen or if the Customer makes editorial changes.
For any order, the Customer will validate a voice. If, after delivering the file, this voice is no longer to their satisfaction, the Customer must still pay invoice amount. In this case, a new quote for a new recording will be issued.
If the Customer requests the integration of sound media, such as music or something else, they must particularly ensure that it respects the rights of the rights holders and, if necessary, that they have acquired a collective licence through the corresponding management companies. ALPHATRAD SPAIN declines any responsibility in this respect.
The order will only be accepted on receipt of the signed quote accompanied by the order, if necessary in its structure and, if so indicated, accompanied by payment of the advance payment.
The form of delivery is mainly by e-mail via MP3 or MP4 file, unless otherwise stated in the quote.
ARTICLE 9: RESPONSIBILITY OF ALPHATRAD SPAIN - TERMS AND CONDITIONS OF COMPLAINT
ALPHATRAD SPAIN undertakes to provide Services with a high level of quality.
Any complaint about the quality of the Services must be communicated by registered letter with acknowledgement of receipt within 30 calendar days after the date of provision of the Service.
ALPHATRAD SPAIN undertakes to process each complaint within a maximum period of 30 calendar days.
The Customer’s letter of complaint must be justified and contain specific and verifiable elements to support it. No complaint may be grounds for refusing to pay for the Services. The responsibility of ALPHATRAD SPAIN is strictly limited to the Services provided.
Consequently, the amount of responsibility of ALPHATRAD SPAIN is limited to the amount of the invoice or the amount estimated by the insurance company covering its responsibility.
ALPHATRAD SPAIN is not responsible for any errors or inconsistencies contained in the material provided by the Customer, who understands that the translations may not have the same literal tenor or nuances as the original.
ARTICLE 10: INTELLECTUAL PROPERTY
The intellectual property rights of ALPHATRAD SPAIN regarding the Services provided to the Customer are its exclusive property. Upon full payment of the Service, the Customer may exploit the translated work, as they will hold the exploitation rights in accordance with the conditions set forth in the quote. These rights may be used freely, on any medium and for an unlimited duration, or their use may be limited (always in accordance with the terms of the accepted quote).
ARTICLE 11: FORCE MAJEURE
If it is impossible to perform any of the Services accepted by ALPHATRAD SPAIN due to a case of force majeure, this cannot be attributed to ALPHATRAD SPAIN, which therefore cannot be held liable.
It is specified that the following events are considered to be cases of force majeure, without this list being exhaustive:
- Power cut and/or interruption in the Internet network between the Customer and the translator or interpreter, regardless of the cause, as well as any communication problems between the Customer and the translator or interpreter;
- Impossibility to use the material required to provide the Service;
- Problems related to the interpreter’s transport;
- Unforeseen illness of the translator or interpreter justified by a sick note issued by a doctor before or during the provision of the Services;
- Health situation related to COVID-19 or similar contagions.
ARTICLE 12: CONFIDENTIALITY
ALPHATRAD SPAIN undertakes to maintain the confidentiality of all documents entrusted to it, as well as the content of everything expressed during the provision of the Services.
ALPHATRAD SPAIN undertakes to obtain the same commitment from its translators, interpreters, dubbing actors or any other person who has provided a Service or participated in it.
ARTICLE 13: PERSONAL DATA
ARTICLE 14: APPLICABLE LEGISLATION - LANGUAGE
This document and the transactions arising from it are governed by and subject to Spanish legislation.
These GCS were originally written in Spanish. In the event of a dispute, the original version in Spanish will prevail over the translated versions.
ARTICLE 15: RIGHT OF WITHDRAWAL FOR CONTRACTS ENTERED INTO REMOTELY
In the event of contracts entered into remotely, the Customer has, in accordance with the legislation in force, a withdrawal period of 14 days from entering into this contract. Within this period, the Customer may exercise their right of withdrawal before ALPHATRAD SPAIN and cancel their order, without having to justify any reason or pay any penalty, by sending an e-mail to the address firstname.lastname@example.org, expressing their wish to withdraw from the contract. The Customer exercising their right of withdrawal implies that the provision of the Services has not commenced during the withdrawal period. If the right of withdrawal is exercised during the aforementioned period, only the amount paid by the Customer for the Services ordered will be reimbursed. This reimbursement will be made within a maximum period of 14 days after ALPHATRAD SPAIN receives notification of the Customer’s withdrawal.
However, the Customer who wants ALPHATRAD SPAIN to provide the Service immediately will be duly informed that, due to this express request and in accordance with article 103 of the TRLDCU, this will imply the non-exercising of the right of withdrawal.
ARTICLE 16: DISPUTES
Disputes arising from the purchase and sale operations carried out by virtue of these GCS, relating to their validity, interpretation, execution, termination, consequences and repercussions, which have not been resolved between ALPHATRAD SPAIN and the Customer out of court, will be submitted to the competent Spanish Courts and Tribunals of Madrid. In the event of a dispute, this will be governed by Spanish legislation.
The Customer is informed that, in the event of a dispute, they may resort to mediation, to the existing sectoral mediation bodies or to any alternative method of dispute resolution (for example, conciliation).
ARTICLE 17: PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER
The Customer acknowledges having received communication, before placing their order, in a legible and understandable form, of these GCS and of all the information referred to in articles 97 and 97 bis of the TRLDCU and, in particular:
- the essential characteristics of the Services, taking into account the communication medium used and the Service in question;
- the price of the Services and of the associated costs (for example, equipment);
- if it is not an immediate execution of the contract, the date or deadline by which ALPHATRAD SPAIN undertakes to provide the Service;
- information regarding the identity of ALPHATRAD SPAIN, its postal, telephone and electronic details, as well as its activities if these are not apparent from the context;
- information relating to legal and contractual guarantees and how they are applied;
- the possibility to resort to conventional mediation in the event of a dispute;
- information regarding the right of withdrawal (existence, conditions, time limit, how to exercise this right and the withdrawal form), the conditions of withdrawal and other important contractual conditions (article 16 above).
The fact that the Customer places an order on the website of ALPHATRAD SPAIN, https://www.alphatrad.es/, implies their full and unreserved adherence to and acceptance of these GCS, which the Customer expressly acknowledges, who renounces, in particular, to avail themselves of any contradictory document, which will be unenforceable against ALPHATRAD SPAIN.