Terms of Service

§ 1. Scope

(1) These Terms of Service govern agreements entered into between EnRu Translations (the "Contractor") and its clients (the "Principals").

(2) Amendments, supplementary agreements, and additions to any contract must be set out in writing.

(3) The General Terms and Conditions proposed by the Principal shall bind the Contractor only if explicitly acknowledged and accepted in writing by the Contractor.

§ 2. Execution

The translation shall be executed with due care in accordance with the principles of proper professional conduct.

§ 3. Principal’s Obligation to Cooperate

(1) The Principal is required to furnish all necessary materials and information essential for the execution of the translation, including glossaries, style guides, illustrations, drawings, tables, and lists of abbreviations, prior to placement of an order.

(2) The Contractor is not required to begin the translation until such materials and information have been received. Should the Principal explicitly authorize commencement of the translation prior to the submission of these materials, the Principal thereby waives any warranty claims related to the absence of the provided documentation.

(3) The Principal is responsible for the basic information, instructions and stipulations pertaining to the order that the Principal gives to the translator. The Principal is also responsible for the suitability of the translation to its intended purpose.

§ 4. Delivery and Service Execution

(1) The translation services provided encompass the written translation of text from one language to another and proofreading as part of the comprehensive quality assurance process. Ancillary services such as text editing, specialized formatting, or desktop publishing (DTP) tasks are not included. Such services, if required, must be negotiated and documented in a separate agreement.

(2) Delivery timelines and deadlines are binding only when explicitly stipulated as such. The Contractor is not considered to be in breach of contract if the delay or failure in service delivery arises from circumstances beyond its control, such as communication disruptions, acts of God, labor strikes, or transportation issues, including those affecting subcontractors.

(3) In such cases, service delivery will resume as promptly as possible after the obstructing circumstances are resolved. The Contractor reserves the right to terminate the contract under these conditions. Any right to enforce contractual obligations or claims for damages by either party is hereby excluded under these circumstances.

(4) Should changes as described in section 5 result in an increased workload or otherwise impede the timely progression of the translation process, the Contractor is entitled to an appropriate extension of the delivery deadline. This extension will be proportional to the increased workload or the nature of the delay induced by the changes.

(5) The Contractor is not liable for any delay in the completion of the work that results from the Principal’s failure to provide necessary source texts or supplementary materials either at the time the agreement was made or at another mutually agreed upon time. Furthermore, the Contractor is not responsible for delays caused by any other factor attributable to the Principal.

§ 5. Changes

(1) The scope of work for the translation services shall be specifically defined and agreed upon in writing by the Contractor and the Principal prior to the commencement of the project. This agreed-upon scope shall include, but not be limited to, the volume, deadlines, and specific requirements or deliverables.

(2) Any request for additional services or changes to the scope of work made after the initiation of the agreed-upon tasks, including but not limited to additional text, documents, revisions beyond the original specifications, or new requirements, shall be considered outside the initially agreed-upon scope.

(3) Such modifications or additional tasks shall require a separate agreement and will be subject to additional charges. The Contractor shall provide an estimate for the additional work, and both parties must agree in writing to the terms, including any changes to fees and deadlines, before any additional services are provided.

(4) Failure to agree on the terms of the additional services shall not affect the terms of the original agreement, which shall continue in effect as originally agreed.

(5) If the Principal wishes to make changes to the source text while the translation work is in progress, the Contractor must be informed of the desired changes in writing and without delay. As soon as possible, the Contractor, in turn, must inform the Principal as to how the desired changes will affect the translator’s deadline and the fee to be charged. The Principal is responsible for the costs incurred because of the changes.

§ 6. Rectification of Defects

(1) Upon receipt of the translation, the Principal is obligated to review the content for accuracy and completeness. Any defects must be reported in writing with a detailed description of the issue. Defects must be reported within two weeks of delivery. If the Principal lacks the requisite foreign language proficiency to verify the translation, the Principal must appoint a suitably qualified individual to perform this verification. Claims to rectification of defects shall expire by limitation after one year.

(2) Upon notification of defects, the Contractor is committed to making the necessary corrections. The Contractor shall be granted a reasonable period to implement these corrections. Should the corrections fail to rectify the defects, the Principal is entitled to a reduction in price or, in cases where the translation is rendered completely unusable, to terminate the contract.

(3) If the source text is ambiguous or flawed, and the Principal or the contact person authorized to represent the Principal does not provide the necessary clarification upon request, the ambiguity in the source text must be indicated in the relevant segment of the translation. The Contractor is not responsible for corrections and changes that the Principal or someone else makes to the translation after it has been delivered to the Principal.

§ 7. Liability

(1) The Contractor shall be liable for damages resulting from its own gross negligence or intentional misconduct, as well as for similar acts of gross negligence or intentional misconduct by its subcontractors.

(2) The Contractor is obligated to safeguard materials provided by the Principal with the same care it applies to its own proprietary materials. The Contractor shall conduct regular virus scans and other similar checks on its electronic data-processing systems. However, the Contractor shall not be held liable for any loss or damage resulting from third-party actions that occur despite these precautionary measures.

(3) In cases where compensation for damages or reduction in value is warranted, the Contractor's liability shall be limited to no more than the invoice value of the provided services. The Contractor is not liable for indirect or consequential damages, including but not limited to lost profits or anticipated savings.

§ 8. Confidentiality Obligations

The Contractor commits to maintaining the confidentiality of all information that becomes known to it in the course of performing services for the Principal. This duty of confidentiality also applies to all subcontractors engaged by the Contractor, who are equally bound to uphold these confidentiality obligations.

§ 9. Reservation of Title, Rights of Use, and Copyright

(1) The translated document shall remain the property of the Contractor until full payment of the agreed fee is received.

(2) The Principal shall gain the right to use the translation exclusively upon full payment of the fee.

(3) Copyright to the translation remains with the Contractor. Without the Contractor’s consent, the translation may not be edited, abridged or otherwise altered. If the Principal gives the translation to a third party for the purpose of language revision, the Contractor must be informed thereof and the Contractor must be given the opportunity to approve the revised text.

§ 10. Contract Termination and Order Cancellation

(1) The Principal may terminate the contract for the preparation of a translation before the agreed completion date only for compelling reasons. Notification of termination must be submitted in writing.

(2) In the event of such termination, the Contractor is entitled to compensation for the services rendered up to the point of cancellation. Additionally, if the reason for cancellation is not attributable to the Contractor, the Contractor may claim compensation for lost profits equal to the remuneration that would have been received had the contract been fully executed.

§ 11. Applicable Law, Validity, and Jurisdiction

(1) These Terms of Service and any claims arising therefrom shall be governed by Serbian law.

(2) Should any provision of these Terms be or become invalid, either in whole or in part, due to statutory regulations or changes in legislation, it shall be replaced with a provision that most closely approximates the original commercial intent of the invalid provision. All other provisions shall remain in full force and effect.

(3) The city of Belgrade in Serbia is agreed to be the place of jurisdiction for any disputes that may arise out of this contract.