Terms of Service

1. Definitions 

In these Terms of Service 

(i) the term “source text” refers to the text which Comactiva is commissioned to translate into one or more languages, 

(ii) the terms “written” or “in writing” refer to correspondence (sent by post or courier), faxes or e-mail messages, 

(iii) the term “translated text” refers to the text resulting from a translation.  

 

2. Quotes 

Quotes and estimates shall be valid for 30 days from the date of issue.  

 

3. Order confirmation 

Go-ahead on an assignment shall only be in place when Comactiva has confirmed receipt of the customer's order in writing (order confirmation). On receiving the order confirmation, the customer shall immediately (i) check the order confirmation and (ii) where appropriate inform Comactiva of any errors or misunderstandings in the order confirmation. Otherwise go-ahead for the assignment shall be considered to be in place as per the order confirmation. 

 

4. Alterations and additions 

In order to be binding, alterations and additions to assignments shall be (i) notified in writing and (ii) confirmed in writing by the recipient. 

 

5. Prices and terms of payment 

Unless otherwise agreed, Comactiva shall be entitled to remuneration for assignments in accordance with the Comactiva price list in force at the time. In cases where the price has been agreed and (i) the assignment later proves to be more extensive than stated by the Customer, or (ii) Comactiva and the Customer agree to change the assignment or make additions, Comactiva shall be entitled to remuneration in accordance with the price list for the extra work and the extra costs this incurs. 

Value added tax shall be added to all stated prices as required by law.  

Indexation takes place at year-end and is adjusted according to the labour cost index for salaried employees in the private sector (AKI), preliminarily SNI Swedish Standard Industrial Classification, section J. 

Should Comactiva incur increased costs for the assignment due to a fall in the Swedish krona (SEK) against the EUR/GBP/USD of more than 5% compared to the exchange rate on the day the agreement was reached (point 3 above), Comactiva shall be entitled to charge a supplement corresponding to the additional cost, in addition to the rate and/or fixed price quoted above. 

Assignments which run for less than one month shall be invoiced at the end of the assignment. Assignments which run for more than one month shall be invoiced monthly in arrears. Invoices shall be due for payment 10 days after the invoice date.  

Any objections to invoices must be received by Comactiva within 15 days of the invoice date. If no objections are raised during this period, the Customer shall be considered to have approved the invoice. 

In the case of delayed payment, interest on overdue payment shall apply at the reference rate of interest in force at the time, from the due date until payment is made. 

If an assignment is cancelled after Comactiva has begun work, Comactiva shall be entitled to remuneration for work carried out and any costs incurred to a sum equivalent to a corresponding proportion of the agreed price for the assignment. 

Prices for any orders sent to Comactiva through a submitter portal are estimations and may be subject to change. 

 

6. Delivery method and delivery time 

Unless the delivery method has been otherwise agreed in writing, Comactiva shall deliver the translated text by e-mail to the e-mail address from which the order was sent or, if the order was sent to Comactiva in some other way than by e-mail, to an e-mail address provided by the Customer. 

If the Customer prefers the translated text to be delivered in some way other than as a digital file by e-mail, the Customer shall remunerate Comactiva for any additional costs this incurs. 

If Comactiva believes that delivery may be delayed, Comactiva shall inform the Customer immediately of the new delivery time. 

Delivery times for any orders sent to Comactiva through a submitter portal are estimations and may be subject to change. 

 

7. Client review 

If the Customer requests that the translated text be sent for checking (client review) in the country where the text is to be used, the text shall be considered to be delivered to the Customer when it is sent to the representative specified by the Customer. It thereby follows that Comactiva shall not be held responsible for changes made to the translated text by the Customer’s representative or for any difficulties arising from the fact that the Customer has not received the translated text at the agreed time.  

In cases where Comactiva handles contacts with the Client Review representative(s) on behalf of the Customer, Comactiva shall be entitled to remuneration in accordance with the Comactiva price list in force at the time for the extra work and extra costs which this incurs.  

 

8. Scope of assignments 

Comactiva carries out assignments in an advanced professional manner. This means that the translated text shall be grammatically, orthographically and idiomatically correct and that its content shall correspond to that of the source text. With linguistic editing of text not translated by Comactiva, Comactiva shall scrutinise and (if necessary) rework the text so that it is grammatically, orthographically and idiomatically correct.  

Comactiva shall not be responsible for errors in content and incorrectly spelt proper nouns in the source text which are transferred to the translated text. Comactiva shall not be responsible for the translated text being error-free from a terminological perspective, i.e. that terms in the translated text are the same terms the Customer uses internally in its operation. Comactiva shall not be responsible for the translated text having the same impact as the source text, or for the translated text being able to be used for the same purpose as the source text without further revision (copywriting). With translations of legal text, Comactiva shall not be responsible for the translated text being correct or legally binding from a legal aspect. Assignments shall not include reworking of the source text in terms of content, unless otherwise agreed in writing. 

Comactiva reserves the right to choose the most appropriate way of translation (human translation, localisation, machine translation or AI translation with or without human post-editing) depending on the type of material, requested delivery time and the client’s budget.  We use Phrase TMS as our third party Translation Management System and the different services provided therein, including, but not limited to, translation memories, term databases and AI-powered machine translation. Phrase is certified according to ISO-27001. Read more about Phrase's commitment to data and AI security here.

 

9. Legal rights to data, documents etc. 

Data, documents, computer files and similar (hereafter ‘documents’) which the Customer submits to Comactiva shall remain the property of the Customer. Comactiva shall however be entitled to copy, scan or in any other way produce copies of the documents and to forward them to its subcontractors. Comactiva exclusively owns its language technology, which includes, but is not limited to, translation memories, term lists, and glossaries. The customer, however, retains ownership of the content contained within these resources. Customers may request to export this content at any time, subject to an administrative fee. This fee is calculated based on an hourly rate, as specified in Comactiva’s current price list. Prior to the transfer, the client must sign a disclaimer. By signing this disclaimer, both parties acknowledge and agree that Comactiva bears no liability for the content or the quality of the exported translation memories.

 

10. Confidentiality 

Comactiva undertakes to treat information it receives within the framework of assignments with confidentiality, with the exception of information that is generally known or becomes generally known during the period of the assignment in some other way than through Comactiva’s infringement of this point. Comactiva shall however be entitled to pass on confidential information to its subcontractors, provided that they are bound by a confidentiality agreement equivalent to the above.  

 

11. Complaints 

It shall be the responsibility of the Customer immediately after delivery to check the translated, linguistically edited and/or typeset text. In cases where the Customer considers that the text is incorrect in some respect, the Customer shall notify Comactiva of this in writing no later than 30 days after receipt of the delivery and state clear grounds for the complaint. If the complaint is made after this time, the Customer shall have no recourse with Comactiva relating to any errors.  

Comactiva undertakes to deal with any errors in the delivered text for which a complaint has been made in time. If a new delivery is made within a reasonable time of the complaint, the Customer shall have no recourse with Comactiva relating to any errors. 

 

12. Liability 

Comactiva shall be liable only for direct damages resulting from negligence in our project management and human involvement, with liability limited to the agreed assignment price. For assignments divided into multiple sub-assignments, liability is capped at the price of the affected sub-assignment. Comactiva holds no responsibility for any damages related to AI-powered translations, and any complaints regarding such AI translations will be directed to our language technology provider and their terms of service. However, Comactiva retains liability for damages that arise specifically from human-managed processes, which are covered under our liability insurance. 

Indirect damages, including production stoppages, lost profits, unrealized savings, or similar economic losses, are expressly excluded from our liability. Comactiva shall also not be responsible for damages caused by inaccurate or incomplete information provided by the Customer. 

Claims for compensation must be submitted in writing no later than 30 days after delivery. For assignments involving multiple sub-assignments, the 30-day period begins from the delivery of each respective sub-assignment. 

 

13. Force majeure 

Circumstances beyond the control of Comactiva such as strike, boycott, war, riot, fire, danger of explosion or intervention by public authority, which mean that Comactiva cannot or can only at abnormally high costs complete the assignment, shall exempt Comactiva from completing the assignment for the duration of the period the circumstances prevail.  

 

14. GDPR 

Since the new General Data Protection Regulation (GDPR) came into force on 25 May 2018, we save personal data when you contact us. These data are first and second name, phone number, title and e-mail address, all of which are necessary to do business with you. When we register your data you will be informed by e-mail. You may request to have your data removed from our business system at any time. 

 

15. Disputes 

Any dispute relating to assignments shall in the first instance be resolved through negotiation between the parties. If such negotiations fail to resolve the dispute, the dispute shall be arbitrated by Göteborg City Court as the court of first instance.  

 

 

Last updated 15 November 2024