DRAFT FOR REVIEW — not adopted or legally certified. This text does not replace existing agreements.
1.1 Romtext is the trading name of Vertaalbureau Romtext, a Dutch general partnership (vennootschap onder firma), Chamber of Commerce number 54486041, VAT identification number NL 851323820B01. Visiting address: Grutterswal 126, 8223 AE Lelystad. Postal address: Amsteldiep 35, 8223 XM Lelystad. Email: romtext@gmail.com.
1.2 The client is the individual or legal entity entering into an agreement with Romtext for translation or interpreting services. A consumer is an individual acting outside their trade or profession. A request is an enquiry about a quotation or availability; an assignment is the agreed service. In writing includes email.
2.1 These terms apply to quotations and agreements between Romtext and the client when they have been declared applicable and made available in a legally permitted manner before or at the time the agreement is concluded. Merely visiting the website, calling or replying to an email does not constitute placing an assignment or accepting these terms.
2.2 Individually agreed provisions take precedence over these terms. Departures and amendments are agreed in writing. The client's general terms are expressly rejected unless Romtext accepts them in writing. Mandatory law, particularly consumer law, always remains applicable. These client terms do not govern the separate agreement between Romtext and an interpreter or translator it engages.
3.1 A quotation specifies the services, languages, price or calculation method, applicable costs, schedule and any special requirements. An enquiry does not oblige the client to purchase. Unless the quotation expressly states otherwise, the agreement is concluded when the client accepts the quotation and Romtext gives final confirmation of the assignment. Availability and the source text are assessed before this final confirmation.
3.2 An urgent assignment may be confirmed orally; Romtext then confirms the agreed provisions by email. Statutory information and form requirements for consumers remain applicable. Changes in an acceptance are discussed and confirmed in writing; after the agreement has been definitively concluded, Romtext may not unilaterally withdraw solely because of a lack of availability.
3.3 Anyone acting on behalf of another person must disclose this when making the request and provide that person's identity and contact details and their authority to act on that person's behalf.
4.1 For a service agreement concluded at a distance or off-premises, the consumer generally has a fourteen-day withdrawal period starting on the day after the agreement is concluded. Withdrawal requires no reason and may be notified using the model form or another unequivocal statement to romtext@gmail.com or the postal address in Article 1. If legally required information is missing, the period may be extended by law.
4.2 Performance during the withdrawal period begins only at the consumer's express request; for an off-premises agreement, that request is made on a durable medium. If the consumer subsequently withdraws, only a proportionate amount for the part already performed is payable, provided the statutory information and request requirements have been met. The withdrawal right is lost after full performance only if the consumer expressly consented in advance to performance starting and acknowledged that they would lose the right after full performance. An urgent assignment or a customised translation is not in itself a waiver of this right.
4.3 On a valid withdrawal, Romtext refunds the amounts required by law without undue delay and no later than fourteen days after receiving the withdrawal statement, using the same payment method unless the consumer expressly agrees to another method at no cost.
5.1 For changes or additions after conclusion of the agreement, Romtext explains their effects on price and schedule in advance. They are carried out only with both parties' agreement. If the parties cannot agree, the original assignment remains in force insofar as it can be performed.
5.2 The client may terminate the assignment. For a business client, a cancellation arrangement agreed in advance applies; otherwise, the statutory settlement rules apply. A consumer owes no damages for termination, but may have to pay a reasonable portion of the fee and expenses due under the law. Work performed, the benefit to the client, the reason for termination and savings are taken into account. Article 4 takes precedence in the case of statutory withdrawal. Work already produced is made available as part of the settlement insofar as payment for it is due.
6.1 If an engaged interpreter or translator becomes unavailable, Romtext informs the client as soon as possible and consults on a suitable replacement or revised schedule. A material change to the agreed services requires the client's consent. If timely performance is no longer possible, the parties' statutory rights and Articles 8, 14 and 15 apply. These terms do not impose a no-show penalty on the client for an engaged interpreter or translator.
7.1 Romtext performs the agreed translation and interpreting services with the care and expertise of a competent service provider and may engage qualified interpreters or translators. The intended use and any requirements regarding sworn status, registration, legalisation or acceptance by a receiving authority are discussed beforehand and recorded in the assignment. An agreed sworn service is not replaced by a non-sworn service. Unless expressly agreed, no specific decision or outcome at a third party is guaranteed.
7.2 The client supplies legible and complete source texts, relevant documentation, preferred terminology, purpose and context, and the necessary practical details in good time. Romtext follows timely, reasonable instructions insofar as they are compatible with professional independence and applicable professional rules; the applicable Wbtv rules apply to registered sworn interpreters and translators. Where source material is unclear or defective, Romtext consults in good time on clarification and the consequences for performance.
7.3 For interpreting, the client ensures a safe, suitable working environment and necessary facilities and informs the persons concerned in good time. The client confirms the interpreting hours actually provided and practical details in writing; this does not waive complaints or statutory rights. Where possible, the client checks names, amounts, figures and specialised terminology before use and reports suspected errors; this does not remove Romtext's own duty of care.
8.1 An agreed translation delivery period is a target period unless the parties agree a binding final deadline or the nature of the assignment requires otherwise. Agreed interpreting appointments take place on the agreed date and at the agreed time. Romtext informs the client without delay of an anticipated delay. A revised schedule resulting from changes to the assignment is discussed and confirmed, not imposed without notice.
8.2 In the event of a failure to perform, Romtext is given a reasonable opportunity to remedy it where the law requires this. This does not apply where performance is impossible or the law requires no notice of default. Statutory rights to termination for breach, refunds and any damages remain applicable, subject to Article 14.
8.3 Romtext delivers in the agreed manner and notifies the client of completion. For electronic delivery, the result is made available at the agreed address or through the agreed channel; sending alone is not conclusive proof of receipt. Problems with receipt or readability are reported as soon as possible, and the parties reasonably cooperate on a solution. Partial delivery takes place only if agreed.
9.1 Complaints are sent to romtext@gmail.com with an explanation and, where possible, the original text or relevant details. Please preferably report errors within five working days after delivery or the interpreting service and invoice queries within two weeks of the invoice date. These are requests to facilitate prompt handling, not automatic forfeiture periods. Statutory duties to complain and limitation periods remain applicable; hidden errors may be reported after discovery within the reasonable time required by law.
9.2 Romtext investigates the complaint and discusses its outcome and an appropriate solution. Objective translation errors for which Romtext is responsible are corrected free of charge within a reasonable time. If correction or replacement is impossible or unreasonable, statutory remedies concerning price reduction, termination for breach and damages apply. Use or supply to a third party does not automatically invalidate a complaint; Romtext is not responsible for errors caused solely by later changes by others. Ambiguity in the source does not automatically exclude liability.
9.3 A complaint does not automatically remove the payment obligation, but statutory rights to withhold payment or set off remain intact. Complaint handling is not a mandatory condition for access to the courts.
10.1 Romtext treats non-public information received for the assignment as confidential and uses it only to perform the assignment and for related necessary administration or legal obligations. Romtext requires appropriate confidentiality from persons who need access for performance. Information is disclosed to others only with permission, insofar as necessary for the agreed performance, or on a legal basis. The duty of confidentiality continues after termination.
10.2 This provision does not exclude statutory liability for persons engaged and does not authorise personal data processing beyond Article 17.
11.1 The client ensures that they are entitled to supply the source material for the assignment and have it translated. Romtext arranges the rights needed to enable the agreed use of the result. After full payment, the client may use, copy and supply the translation to third parties for the agreed purpose, including commercial use if that purpose has been agreed.
11.2 Unless otherwise agreed in writing, after full fulfilment of the obligations for the relevant assignment Romtext cooperates in assigning the copyright in the translation produced. The assignment is recorded in a deed intended for that purpose and covers only the rights specified in it that Romtext can assign. Moral rights and rights in the source material remain unaffected. An audio or video recording of interpreting is agreed separately in advance, respecting the rights and privacy of those concerned.
11.3 For business clients, an indemnity applies only to third-party claims caused by an unlawful supply of source material or instruction for its use attributable to the client. It does not cover Romtext's own failure to perform. For consumers, the statutory allocation of liability applies, without an additional indemnity.
12.1 The price or calculation method, currency, any urgency surcharges and expenses are agreed before the assignment. For consumers, Romtext specifies the total price including VAT and other mandatory charges, or the calculation method if the price cannot reasonably be determined in advance. Business rates exclude VAT if this is clearly stated.
12.2 For time-based interpreting, the agreed calculation method covers reserved time and additional time worked, rounded up in fifteen-minute units unless otherwise agreed. Travel, accommodation and other expenses are stated in advance, or their calculation method is disclosed in advance. For translations, the unit agreed in the quotation applies; no minimum number of pages or Romanian currency applies automatically.
12.3 Additional work or costs due to unclear or complex source material are discussed and agreed in writing before that work is performed. New rates apply to new assignments and do not change a price already agreed.
13.1 Unless otherwise agreed in writing, payment is made before delivery to the account and in the currency stated on the invoice. Advance payment and the due date are clearly stated when the agreement is concluded; different arrangements may apply to existing clients.
13.2 For late payment, the statutory rules on default, statutory interest or statutory commercial interest and collection costs apply. For consumers, extrajudicial collection costs become payable only after a legally compliant free payment notice allowing fourteen days to pay from the day after receipt and stating the collection costs payable. Costs do not exceed the applicable statutory limits. Litigation costs are payable only as provided by law or ordered by the court.
13.3 Allocation of payments, withholding performance and set-off are governed by law. In the event of non-payment, Romtext may suspend performance only proportionately and insofar as legally permitted, and gives written notice. Effects on the schedule are discussed; a delivery period does not automatically lapse. These terms do not create a general right of retention over all the client's documents or data.
14.1 Romtext is liable under the law for an attributable failure in the agreed services, including its statutory responsibility for persons engaged to assist performance. Incorrect or incomplete source information and the client's conduct are taken into account insofar as they caused the damage; they do not automatically exclude liability.
14.2 Only in relation to business clients, total liability for damage resulting from a failure to perform or a tort in connection with a single assignment is limited to one times the fee paid or payable for that assignment, excluding VAT. In relation to those business clients, liability for indirect damage, lost profits, business losses or damage caused by delay is excluded.
14.3 These limitations do not apply to consumers, damage resulting from death or personal injury, intent or deliberate recklessness by Romtext or its management, or liability that may not be limited under mandatory law. Data subjects' rights under the GDPR remain unaffected. There is no separate €400 cap and no limitation to an assumed insurance payout.
15.1 Force majeure exists only insofar as the failure cannot be attributed to the party concerned under the law. Illness or unavailability of an engaged interpreter or translator is not automatically force majeure. The affected party reports the impediment and expected consequences as soon as possible and limits its effects where reasonably possible.
15.2 The parties consult on replacement, postponement or termination. Statutory rights to termination for breach and settlement remain applicable; payment for services not performed is not retained without legal grounds. No mandatory two-week waiting period, certification by a foreign authority or automatic termination after sixty days is imposed.
16.1 In the event of a failure to perform, a party may exercise its statutory rights to suspend performance and terminate all or part of the agreement for breach. Where required by law, a reasonable period to remedy the failure is first given in writing. A minor failure does not automatically justify terminating the whole agreement. Termination by notice and its settlement are governed by Article 5.
16.2 Insolvency or a debt restructuring procedure gives only the rights allowed by applicable law and a valid individual agreement. No automatic renewal or general thirty-day notice period applies to individual assignments. On termination, services performed, payments received and any refunds are settled under the law.
17.1 Personal data are governed by the General Data Protection Regulation (GDPR) and applicable implementing legislation. Romtext's privacy notice provides information on processing. Acceptance of these terms is not blanket consent to marketing, chat, transfers to third countries or processing special-category data or data relating to criminal convictions and offences.
17.2 The parties supply only the data necessary for the assignment on an appropriate legal basis. For special-category data and data relating to criminal convictions and offences, the applicable additional conditions must also be satisfied. Before supplying sensitive documents, discuss a suitable channel and the necessary data; do not send them through a general website chat. Insofar as Romtext acts as processor for the client, the parties enter into an agreement complying with Article 28 GDPR before that processing. The actual allocation of roles is assessed for each processing activity; these terms do not declare Romtext to be a processor for all data in advance.
18.1 The agreement is governed by Dutch law. For a consumer, this choice of law does not remove the protection of mandatory provisions of the law that would apply without this choice under the applicable rules of private international law.
19.1 An assignment is governed by the version supplied and accepted before or at the time that agreement is concluded. Later website changes do not amend an existing agreement without a valid new agreement. These terms can be consulted at www.romtext.nl and are supplied free of charge on request; before conclusion, they are offered in a form that can be saved.
19.2 The Dutch, English and Romanian texts are intended to have the same content. No language version automatically prevails solely because of its language. Ambiguity is assessed under the applicable statutory interpretation rules, including interpretation in the consumer's favour where required by law. If a provision is invalid, the remaining provisions continue to apply insofar as the agreement can continue under the law; an unfair consumer term is not automatically replaced by a provision more favourable to Romtext.
20.1 The parties first try to resolve a dispute by consultation without restricting access to the courts or urgent relief. For business disputes, the Dutch court with jurisdiction under the law is designated, insofar as such a jurisdiction agreement is valid. For consumers, the court with jurisdiction under the applicable statutory jurisdiction rules applies; these terms do not restrict their statutory choice of forum.
20.2 Notices to Romtext may be sent to romtext@gmail.com or the postal address in Article 1. The client keeps their contact details up to date. Statutory rules govern receipt, form and effect of statements; this provision does not restrict any legally permitted method of termination by notice or withdrawal.
Complete and return this form only if you wish to withdraw from the agreement. You may also use another unequivocal statement.
To: Vertaalbureau Romtext, Grutterswal 126, 8223 AE Lelystad; post may be sent to Amsteldiep 35, 8223 XM Lelystad; romtext@gmail.com.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) agreement for the provision of the following service (*):
Service: ____________________
Ordered on: ____________________
Name(s) of consumer(s): ____________________
Address of consumer(s): ____________________
Signature of consumer(s) (only if this form is submitted on paper): ____________________
Date: ____________________
(*) Delete as appropriate.
I expressly request that performance of the agreed translation or interpreting service begin before the end of my withdrawal period.
I acknowledge that I lose my right of withdrawal once the service has been fully performed, if performance began with my prior express consent.
If I withdraw before full performance, I pay only the proportionate amount legally due for what has already been performed. The terms, total price or calculation method and withdrawal information were supplied before the assignment.