Hungarian Office for Translation and Attestation Ltd. as Contractor (hereinafter: OFFI), commits 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 Interpreting 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 exclusive competence of OFFI, unless otherwise stipulated by law. In addition to these activities, OFFI also provides other translation and interpreting services for its clients.
The services provided by OFFI:
- Translation of source-language texts provided by clients into the target language (translation / technical translation) linguistic, stylistic and/or technical 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*)
- Revision and attestation of a translation prepared elsewhere and submitted to OFFI by the client (attestation of translations*)
- Making certified copies of foreign language source documents submitted to OFFI by the client (making certified copies of foreign-language documents)
- Interpreting: oral translation whereby the interpreter directly translates the orally produced source text into the target language.
- Additional services: in the case of certified translation of Hungarian documents, OFFI can proceed to obtain a notarized copy of the original document at the client’s request.
II. Placing orders and and contracting:
The client submits the order and the source-language text to OFFI personally or via courier or by e-mail, fax or post, or online at their expense. OFFI confirms the acceptance of the order in writing on the Order Form in use for such purpose, or as set out under clause II/2.
The Order Form must include the language pair of the service (source and target languages), type of service, type and number (pcs) of the documents received. For fixed-price certified translation, the price per piece; for other, certified translation, the estimated target-language size in characters; for e-certified translation and technical translation, the source language size in characters and the price (estimated or final); and for all orders, the completion date, the advance payment if required, and the method of 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 if the client signs and returns 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, in particular, 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 the responsibility of the client.
*Attestation means the authentic certification of the fact that the target-language text (i.e. the translation) and the underlying source-language text are identical in terms of content and equivalent as to meaning. This also applies to certified translations. In no circumstances does the attestation service certify the formal or content-related accuracy, authenticity or validity of the document (text) provided by the client.
OFFI is entitled to verify the right to representation of the person acting on behalf of the client, for example by requesting power of attorney, 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 their behalf or exceeding the limits thereof, in order to avoid paying the price for services or to reduce its amount.
If the client fails to pay the price invoiced for earlier orders, OFFI shall be entitled to deny new orders until the outstanding payments are fully settled.
1. Special rules regarding certified translation orders
Certified translations can be ordered as follows:
a.) Paper-based documents: personally or via mail (fax, electronically etc.)
b.) Documents in electronic format: personally by submitting an electronic data carrier device or via e-mail. In the case of e-mail orders, if the document is not e-certified, the original document or its notarized copy must be handed over to OFFI, at latest, upon receiving the finished translation.
In the clause attached to the translation, OFFI certifies that the translation is in full conformity with the text of the document attached to the translation. In the case of electronic attestation, OFFI certifies that the translation has been prepared 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 any inadequacies shall fall upon the client.
OFFI has the right to refuse to prepare a paper-based certified translation if the document to be translated is illegible or incomplete in its essential parts, or contains posterior, unofficial corrections, erasures or insertions, or if any concern arises as to its authenticity.
E-certified translation is only possible if OFFI examined and found valid the electronic signature on the electronically submitted e-certified files pursuant to Sections 12-16 of Government Decree 451/2016 (19 December) on the Detailed Rules of Electronic Procedures. OFFI has the right to refuse to prepare e-certified translations if the electronic signature on the file is not certified, or its certification is invalid or its unaltered character cannot be ascertained.
If any concern arises regarding the authenticity of the document when placing the order, OFFI will accept to do the translation after the document has been attested/notarized/provided with Apostille. Should the concern arise after the placement of the order 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 reaccepted for translation after attestation. In the event of annulment of the order after the order has been placed, OFFI is entitled to charge, upon the annulment, 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 quote and the GTC, fully pays the price of the translation calculated based on the source-language characters and the sum is credited to 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 advance payment when an advance payment is requested, and the translation is handed over after payment of the remainder of the total price of the translation not covered by the advance payment.
2. Special rules regarding electronic translation orders
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 (creating an account) 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 registration section, and by clicking on the provided link, registration (i.e. the account) will be activated. Once the account is activated, OFFI will notify the client via e-mail that registration has been successful and will provide the user name and password required for accessing the Client Portal.
The client provides the source and target language and desired completion date in the Client Portal system when requesting the price quote and uploads the text to be translated. OFFI makes the price quote upon request and notifies the client accordingly via e-mail.
If the price is acceptable, the client will accept it via the Client Portal, and in case of ordering the translation, pays the full translation price via transfer or debit/credit 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 price is credited to OFFI’s account, whereas in the case of payment by debit/credit card, the time of payment of the translation price.
2.2. Ordering certified translation or technical translation via the website or by e-mail
The client can order certified translation or technical translation online, via the “Request a Price Quote” 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 quote to the client via e-mail. Should the client find it appropriate, they will accept it via e-mail.
The contract is concluded between the parties when OFFI expressly confirms the order confirmed by the client, and the client accepts the confirmation and the GTC, and makes the advance payment specified for the order. In case of ordering via e-mail, the client can settle payment in person or via transfer.
2.3. Common rules
The uploading or electronic transfer of data and the confirmation of their receipt does not qualify as contract conclusion, only as filing an order. Orders are received during open hours on working days.
Client acknowledges that conclusion of the contract means unconditional consent to the prompt commencement of performing the service. Client acknowledges that they cannot rescind or terminate the contract when performance has already commenced pursuant to Section 6:249 of the Civil Code, and cannot exercise the right to withdrawal specified under Sections 20 and 29 of Government Decree No. 45/2014 (26 February) because the product is not prefabricated but it is individually tailored based on a unique order.
OFFI shall only be obliged to translate special terminology in the source language technical text, if the client has annexed to the source language text the terminology and background material for OFFI’s use, and/or provides an opportunity for consultation.
In the course of performance, OFFI is entitled to use subcontractors and as such, the service may contain mediated service. OFFI shall be liable for its subcontractors’ activity as if it were its own action.
OFFI delivers the finished work as per the client’s request by handing it over personally, or at the client’s expense via post or courier, or, except for the certified translations, via e-mail. E-certified translations are handed over to clients personally or sent via e-mail.
The source language text provided to OFFI is attached to the translation in the case of certified 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 its certified translation are placed inseparably in a file in pdf format, electronically signed with OFFI’s electronic stamp and provided with OFFI’s electronic seal. The packed e-folder is delivered to the client.
If the client does not pick up the translation in the 30 days following the completion date, OFFI 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 the GTC and confirmed by OFFI shall prevail.
The condition for honouring the completion date is that all documents required for the translation 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 completion 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. Service charges and payment:
The currently valid general rates charged for OFFI services are published on OFFI’s website (www.offi.hu). In a separate agreement, the parties may agree to differ from the rates published.
The basis of the price for paper-based certified translation is the number of characters (including spaces) of the target-language text; in the case of e-certified translations and technical translations, and the number of characters of the source-language text or the value established in other agreements; and in the case of fixed-priced documents, the number of pieces.
The basis for calculating the fee of interpreting is the time needed for fulfilling the assignment, including travelling, meals and in-between breaks, based on the type of interpreting.
The client acknowledges that OFFI is entitled to charge a minimum price.
In other respects as to the price 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.
Should the client request changes in the completed translation or revision, OFFI shall be entitled to retranslate the entire text and invoice the full price 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 if the quality of the submitted translation so justifies.
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 the copy of the source-language document submitted when placing the order and the original document provided afterwards vary in any aspect, OFFI shall be entitled to recharge the full revision fee.
Payment for the services rendered can be made upon delivery (cash on delivery), in cash, via transfer and pre-transfer, based on the agreement of the parties.
Ex post transfers are allowed in the following cases:
- Judicial bodies and authorities (courts, police, prosecutor’s offices);
- Public administration clients (ministries, government agencies etc.);
- Clients having signed a framework contract with OFFI;
- Legal entity clients, based on a uniquely granted request.
Clients having outstanding debts can only place new orders if they make the advance payment and settle the 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 must pay the price for services into the bank account stated on the invoice within eight calendar days from receiving OFFI’s invoice.
OFFI maintains the right to request advance payment the amount of which 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 is credited to OFFI’s account. The completion period starts on the following day, except for 24-hour orders.
In the case of advance payments, should the final amount be less than the amount paid in advance, the amount due back to the client will be paid personally at OFFI’s cash desk or by bank transfer.
If the transfer should 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, OFFI will notify the client and ask for other instructions as to the payment of the amount due back.
In the case of late payment, the client shall pay to OFFI the interest applicable to late payment pursuant to the Civil Code. The late payment interest is due from the day of the default. 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 translated material in the order.
If the client rescinds the order after concluding the contract due to any reason outside OFFI’s the sphere of interest, the client shall pay to OFFI the fee due for the work already performed in a certifiable manner before the rescission was notified in writing, as well as the rescission fee and other certified expenses incurred by OFFI.
OFFI does not charge a fee for sending materials/files electronically (primarily via e-mail or electronic data carriers). If the sending is done in a different way (via courier, post etc.) i.e. non-electronically, the related charges for delivering the executed work will be borne by the client.
Any complaint related to the executed translation will have no suspensive effect as to payment for services.
VI. Guarantee: defective performance:
OFFI undertakes to perform services of good quality into the target language, in a way fit for the purpose of use.
The client warrants that client is entitled to order the service from OFFI free from any limitations. 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 exempt OFFI from such claims.
OFFI assumes no responsibility for translation mistakes arising from the erroneous content, potential invalidity and uninterpretability of the source-language document and for damages resulting from the sending of source and target-language texts between the parties,.
The client must verify the work performed by OFFI promptly and properly. If the client raises any concerns regarding the quality of the service after two months from receiving the translation, OFFI will be entitled to charge revision fee, unless otherwise provided for in the contract. The client must indicate the potential translation and other deficiencies, mistakes and the nature of the mistake precisely, unambiguously and in a detailed fashion. OFFI is entitled to disregard and dismiss general complaints and quality complaints that are not specific. Quality complaints regarding interpreting can be made in a written record supported by the unanimous, unbiased opinion of two witnesses, whose names shall be provided.
OFFI will examine the quality complaints regarding its services promptly, and will make any 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 make 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 price reduction. In the event of withdrawal the client cannot use the translation. Insignificant errors do not constitute grounds for withdrawal.
Complaints (requests of change) filed for style or the use of special terms (especially sectoral terms or in-house terminology used by the client), will not be deemed translation errors, unless the client unambiguously communicated those with instruction to their use to OFFI when the order was placed.
The client’s warranty claim is limited to the price paid for the service. In other respects, OFFI will be held accountable for 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. Miscellaneous provisions
The contract concluded between the client and OFFI is valid until the service contained in the order has been rendered and the consideration duly paid, except for unique framework contracts.
The parties will make an effort to settle any disputes arising from the legal relationship formed between them in an amicable fashion.
The mutual commitments laid down in the Order Form, and by signing the Order Form, the provisions contained in the GTC are governing and deemed accepted in the context of the parties’ legal relationship even if the GTC document is not signed separately.
In matters not specified in the Order Form and not regulated in the GTC, the relevant provisions of the Hungarian Civil Code and other relevant Hungarian laws 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 or limitation to, 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 interpreting, 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 facts referring 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 perform its duties, and data handling does not involve a data processor. OFFI will only disclose the data and information learned in the course of performing its duties to third parties with the client’s prior written consent or explicit request. By signing the Order Form the client gives consent to handling of the order-related personal and special data voluntarily provided 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.