Ownership - Copyright
and General Contract Terms governing services
The "http://www.ellogos.com", "http://www.ellogos.biz"
and "http://www.ellogos.net" URLs are
registered domains which belong to ELLOGOS LINGUISTIC SERVICES
owned by Giorgio Koutsantonis (VAT Reg. no. 02193650427) All rights
related to the material (text and graphics) on these sites are
reserved and exclusive. The reproduction, by any analog or digital
means, of any part of said domains without the consent of Ellogos
Linguistic Services is strictly forbidden.
Quotations from the texts contained in the domains are permitted
for the sole purpose of news reports or study, providing these
are always accompanied by a mention of the name Ellogos Linguistic
Services (as the owner of the website contents) as well as an
indication of the source, including the URL "http:// www.ellogos.com",
"http://www.ellogos.biz" and "http://www.ellogos.net".
All usage of portions of the contents of the "http:// www.ellogos.com",
"http://www.ellogos.biz" and "http://www.ellogos.net"
websites is permitted strictly for personal use.
Any editing, counterfeiting or unauthorised use - fully or in
part - of the material contained in the websites is strictly
forbidden. It is also forbidden to download any texts or images
contained in the website without obtaining specific authorisation
Ellogos Linguistic Services owned by Giorgio Koutsantonis will
in no way be held responsible for any damage incurred due to
the incorrect, pernicious or unauthorised use of the contents
of the domains. Similarly, Ellogos Linguistic Services owned
by Giorgio Koutsantonis cannot in any way be held liable for
the transmission of viruses that may infect the computer equipment
used to explore said domains.
General Terms of Contract governing
The General Contract Terms herein are considered a legally binding
contract between the Client and Ellogos Linguistic Services
pertaining to the supply of translation, localization or globalisation
consultancy services agreed by the Client and Ellogos Linguistic
Services. In the event of a disagreement or controversy on any
communication, proposal, contract, promotional material or agreements,
the General Terms herein shall apply. The forwarding of Source
Material (as defined below) entails the acceptance of all the
General Contract Terms by the Client.
1.1. "Translator" indicates Ellogos Linguistic Services.
1.2. "Client" indicates the natural person or legal
entity stipulating this contract.
1.3. "Source Material" indicates the documents and
other material provided to the Translator for translation, localization
or globalisation consultancy services governed by the Terms
1.4. "Target Material" indicates the final version
of the Source Material, or any reports relating to the consultancy
services for globalisation.
2.1. The agreed service shall be provided by the Translator
and computed according to the terms and rates illustrated in
2.2. All quotes and quotations - whatever the format - must
be considered not binding for both the Translator and the Client,
barring any specific clause specifying otherwise, and will be
valid for a maximum of thirty (30) days.
2.3. The Translator reserves the right to amend the prices and
rates and/or delivery time frames stated in any previous quotes
on receipt and evaluation of the complete Source Material for
2.4. The Translator shall notify the Client of the estimated
additional costs or changes in the delivery deadline before
starting on the translation.
3. Quality of the service and of the Source
3.1. The Translator shall provide the service based on his own
quality standards and procedures, translating any special terms
according to their usual and conventional meanings, or based
on glossaries previously approved by the Client.
3.2. All Source Material must be legible and delivered to the
Translator in the format and time frames agreed upon by the
Translator and the Client.
3.3. The Translator will not be held liable for any delivery
delays due to incorrect, late or non provision of the Source
4. Changes or additions to the Source
4.1. All changes or additions to the Source Material must be
forwarded to the Translator with a clear indication of the amendments
and the position of any such amendments in the document previously
4.2. The costs and time frame required to make any changes or
additions to the Source Material in the target translation in
progress will be calculated according to the quantity and type
of amendments and the percentage work already completed.
4.3. The Translator will give the Client an estimate of the
time and additional costs required before making any such amendments
5.1. The Translator will correct the following errors free of
charge: completely wrong translation, omissions, typing errors,
grammar mistakes, failure to keep to any approved glossaries.
5.2. The Client acknowledges that the Translator assumes no
responsibility or obligations for any translation errors, unless
he is notified of the same in writing within thirty (30) days
of delivery of the Target Material to the Client.
5.3. The Translator's sole obligation regarding any errors notified
within this time frame will be to correct the Target Material
appropriately free of charge.
6. Limitations of liability
6.1. The Translator assumes no responsibility for any type of
extraordinary damage, whether direct or indirect, or third party
claims against the Client ensuing from the services provided
by the Translator, irrespective of the subject matter or method
of said claim or whether the damage is of a contractual or non-contractual
nature or whether it was foreseeable by the Translator, irrespective
of the provisions set forth in the related quotes and documentation.
6.2. The Translator will not be liable for the return, loss
or any damage to the Source Material. Should the Translator
be entrusted with unique or precious material, it is up to the
Client to take out a suitable insurance policy to cover any
damage ensuing from the loss or from the partial or total destruction
of said material.
7. Statements and guarantees
7.1. The Translator declares and guarantees that he will provide
the service in question based on his own quality standards and
procedures, using all the technology, tools and qualified staff
at his disposal to ensure the result complies with the quality
standards set and applied by the Translator.
7.2. The Client declares and guarantees (a) that he is the owner
of the Source Material or is free to use the same (b) that the
translation of the Source Material and the publishing, distribution,
sale or other usage of the Target Material shall not breach
any copyrights, trademarks, patent rights or other third party
8. Guarantee limitations
8.1. The above-mentioned Translator's guarantees replace any
other guarantee, whether express or implicit, of the saleability
or suitability of the Target Material for a specific purpose.
8.2. The Translator does not guarantee that the use of the Target
Material or any information contained therein does not entail
a breach of trade secrets, copyrights, trademarks, patent rights
or any other third party exclusive rights.
9. Contract termination
9.1. Should the Client be in default of any provision of this
Contract, the Translator shall have the right to terminate the
contract and the Client will be liable to pay the sum agreed
for the services completed at the time of contract termination
and all activities in progress.
9.2. Should the Translator be in default of any provision of
this Contract, the Client shall have the right to terminate
the contract and will be liable to pay the sum agreed for the
services completed at the time of contract termination and all
activities in progress.
9.3. In the event of contract termination, the Translator will
be liable to return to the Client all Source Material and data
provided by the Client, together will any existing translated
material at the time of said breach.
9.4. The Translator shall have the right to retain the Source
Material and the Target Material as a guarantee of payment by
the Client of the full amount due.
9.5. Neither party shall be liable for delays or breaches should
these depend on events and/or reasons of Force Majeure which
are not ascribable to the parties.
10. Title and ownership
10.1. All the rights relating to the Source and Target Material
and any copyrights, patents, technology and relevant trade secrets
are and shall remain vested exclusively in the Client.
10.2. Nonetheless, the Client acknowledges that the Translator
is the only and exclusive owner of all rights to
(a) inventions, methods, innovations, information, technology,
software and databases used to translate the Source Material
(b) inventions, methods, innovations, technology, software and
databases developed by the Translator while translating the
Source Material, including any relating exclusive right or copyright.
10.3. The Translator shall have the right to detain the Target
Material as a guarantee of payment by the Client of the full
11.1. The nature of the work done and any information sent to
the Translator by the Client shall be dealt with the utmost
11.2. The Translator cannot, without the prior written consent
of the Client, publicly disclose or notify third parties of
this information, barring any authorised collaborators or sub-suppliers
authorised by the Translator, whose operating or consulting
contribution makes this knowledge necessary.
11.3. The guarantees specified herein do not apply if the translator
is obliged by law to communicate this information, or should
this information be or become public domain irrespective of
the disclosing of the same by the Translator.
12.1. The Client shall have to compensate and indemnify the
Translator, his shareholders, executives, senior officials,
clerks, collaborators, representatives, agents and permitted
assigns from any loss, damage, cost or expense, including any
legal expenses ensuing from or connected to any request or legal
action concerning (a) the performance of the contract herein;
(b) the breach by the Client of the statements and contractual
guarantees provided; (c) the production, advertising, promotion,
sale or distribution of all material by the Client; (d) any
tax, duty, fare or similar charge laid down by the law or by
the authorities governing the production, advertising, promotion,
use, importing, licensing or distribution of all material by
the Client; (e) any compensation claims due to the breach on
the part of the Target Material of any copyright, trademark,
industrial patent or other exclusive right.
13. Terms and method of payment
13.1. Payment shall be made in one of the following ways.
(a) Where no credit arrangements have been made between Ellogos
Linguistic Services and the Client, payment will have to be
made on sending the purchase order signed by the Client, according
to the methods agreed upon and specified in the purchase order.
(b) Where a credit arrangement has been reached between Ellogos
Linguistic Services and the Client, the latter will have to
pay Ellogos Linguistic Services the agreed sums accepted and
specified in the purchase order signed by the Client, according
to the methods and time frames agreed upon and specified therein.
13.2 In the event of delayed or non payment in accordance with
the methods and time frames agreed upon and accepted by the
Client as stated in the purchase order, Ellogos Linguistic Services
may decide to terminate the contract due to the Client's breach.
13.3 Clients in arrears, with no deferment of payment and no
need for placing in default will have to pay Ellogos Linguistic
Services a penalty for the delayed or non payment corresponding
(a) the full amount due for the services provided by Ellogos
(b) the interest on arrears accrued on the amount due at the
applicable rate in force, set by the Central European Bank increased
by seven percentage points;
(c) the costs incurred by Ellogos Linguistic Services to recover
the amounts not paid on time;
(d) any further damage incurred by Ellogos Linguistic Services
due to the delayed or non payment.
14. Place of jurisdiction
The General Terms specified herein are governed by Italian Laws,
and the parties mutually agree that the court with jurisdiction
for any related controversy shall be the Court of Ancona (Italy).
Ellogos Linguistic Services