Terms & Conditions of Service for Interpreting Services

1. Language Services Offered by Maka S.r.l.

1.1 Maka S.r.l. offers, upon the request of the principal/customer, interpreting services, defined as the oral transposition from a source language to one or more target languages, executed on–site (with or without equipment), remotely (via a platform), or a hybrid of on-site and remote services, and in various modes (simultaneous, consecutive, whispered, or relay).  

2. Object of the Contract

2.1 The object of this contract is the interpreting services requested by the principal/customer, as indicated in the proposal/estimate and governed by the following general terms and conditions. 

2.2 The contract shall be perfected and stipulated when Maka S.r.l. receives either by email or via web form the principal’s/customer’s formal and express acceptance of the proposal/estimate for the service and the general terms and conditions. 

2.3 The acceptance of the proposal/estimate results in a payment obligation, in the manner and timeframe set forth below, as well as acceptance of the general terms and conditions governing the service. 

3. Obligations of the Principal/Customer

3.1 The principal/customer undertakes to provide Maka S.r.l. in writing with all the information related to the language services and/or interpreting sessions requested, specifically with respect to:  source and target language(s), project description, target audience and intended use, event(s) time(s) and date(s), event(s) location(s) and duration(s), equipment use and/or requirements, reference materials, means of performance, style, tone-of-voice, terminology and any glossaries, and an interpreter briefing useful for carrying out the language service. 

3.2 At the time of the request for the service, the principal/customer must also specify in writing whether the event and/or interpreting session shall be recorded and/or transmitted via streaming. 

3.3 The principal/customer acknowledges that the failure and/or incomplete communication to Maka S.r.l. of the above information may compromise the positive result of the service requested due to a fact not attributable to Maka S.r.l.. 

3.4 The principal/customer further undertakes to communicate – in an accurate and complete manner – their tax information for purposes of correctly invoicing the services provided and for any other tax and contractual compliance, as well as to report in a timely manner any change of such information. 

3.5 Should the principal/customer indicate third parties for the payment of the service and the relative invoicing, they shall nevertheless be required to pay the cost of the service if the indicated parties fail to do so. 

4. Performance of the Services and Terms

4.1 The assignment shall be performed by Maka S.r.l.’s staff and collaborators who have adequate language preparation and consolidated professional experience. 

4.2 The principal/customer therefore agrees that Maka S.r.l. shall use, above all in the case of language services of a technical nature, collaborators of its trust to carry out the assignment. 

5. Fees and Payment Terms

5.1 After it has received any materials all the instructions and indications for the performance of the service, Maka S.r.l. shall provide the principal/customer with a proposal/estimate, specifying the budgeted costs, as well as the terms and manner of payment. 

5.2 The number of hours, and/or days, and/or units indicated in the proposal/estimate shall always be considered as presumed, as they are calculated on the basis of the request, materials and information provided by the principal/customer at the time of the stipulation of the contract. 

5.3 The final cost of the service shall be determined by the actual number of hours, and/or days, and/or units that an interpreter is engaged, and/or by the actual number of hours required to complete the service. 

5.4 In the case a service is quoted in units of half-days or days, any fraction of an hour that exceeds the original proposal/estimate shall be billed as an additional half-day. 

5.5 If the principal/customer requests additional services with respect to those initially agreed-upon, the relative costs shall be the object of a further agreement between the parties. 

5.6 The principal/customer shall be charged for any expense required to collect the amounts due. 

6. Intellectual Property. Indemnity Agreement

6.1 The principal/customer warrants that they own any original material they may provide to Maka S.r.l and/or use during an interpreting session, and if not that they are entitled to use it in an exclusive manner, without infringing third party industrial property rights or copyright.  

6.2 Any glossaries and/or translation memories generated for the performance of the services requested shall remain the exclusive property of Maka S.r.l. and shall be subject to outstanding rules on copyright and intellectual property. 

6.3 In the case of any claims and/or complaints made by third parties against Maka S.r.l. in relation to the content of the material and of the performed services, the principal/customer undertakes to hold Maka S.r.l. completely harmless from any civil, criminal and/or administrative liability, as well as from any request for compensation of damages that it may receive. 

7. Withdrawal and Termination of the Contract (clause applicable to professional customers as defined by Article 3 of the Consumer Code)

7.1 In the case of withdrawal by the principal/customer after the performance of the contract has initiated, in addition to the payment of the agreed-upon fees limited to the service effectively performed, they shall also be required to pay an amount as compensation for damages pursuant to Article 1382 of the Italian Civil Code that is equal to the residual fees agreed upon for the entire activity.  

7.2 If the principal/customer receives equipment for interpreting, in the case of withdrawal they must return all such equipment to Maka S.r.l.’s registered office, without undue delay and, in any case, within and no later than the deadline of 3 (three) days from the date on which the decision to withdraw from this contract was communicated. The costs for the return of such goods shall be borne by the principal/customer. Any delay in return of the leased goods shall be billed by day according to the quoted fees in the proposal/estimate. 

7.3 In the case of a request to change the dates established for the performance of  services – to be made in writing by email – the principal/customer shall be required to pay Maka S.r.l. an amount as a penalty in accordance with Article 1382 of the Italian Civil Code equal to 30% of the agreed fees if the request is received by Maka S.r.l. with less than 7 (seven) days advance notice, and an amount equal to 50% of the agreed fees if the request is received with less than 3 (three) days advance notice. 

7.4 The principal/customer acknowledges and agrees that, in the case of a request to modify the established dates, Maka S.r.l. reserves the right not to confirm the service on the different terms subsequently requested, and, in any case, it does not guarantee the presence of the same interpreter and/or technician previously assigned. 

7.5 In the case of the termination of this contract due to the principal’s/customer’s breach, the principal/customer shall be responsible for paying Maka S.r.l., in addition to the agreed-upon fees for the services performed until such time, an amount as compensation for damages in accordance with Article 1382 of the Italian Civil Code equal to the residual agreed-upon fees for the entire activity, acknowledging that the compensation for damages due to Maka S.r.l. shall be such amount, unless and without prejudice to a claim for any further and greater damages that may have been caused to Maka S.r.l.. 

8. Withdrawal and Termination of the Contract (clause applicable to consumer customers as defined by Article 3 of the Consumer Code)

8.1 The principal/customer can exercise their right of withdrawal within the term of 14 (fourteen) days, starting from the date of the stipulation of the contract. 

8.2 For such purpose, it shall be necessary to send Maka S.r.l. written notice by email to the following address: desk@makaitalia.com, or a registered letter with return receipt to Maka S.r.l.’s registered office, in which it states their intention and decision to withdraw from this contract. 

8.3 To comply with the term within which it is possible to exercise the right of withdrawal, the communication in question shall be sent by the principal/customer before the expiration of the withdrawal period. 

8.4 If the principal/customer has exercised their right of withdrawal within the stated timeframe, the obligation to perform the contract shall cease and Maka S.r.l. shall undertake to refund any payments received in the meantime without undue delay and, in any case, no later than within the term of 14 (fourteen) days from the date on which Maka S.r.l. was informed of the decision to withdraw from the contract. The refund of the amounts paid by the principal/customer shall be arranged, without any cost to the principal/customer, using the same means of payment as for the initial transaction, unless the principal/customer has expressly agreed otherwise. 

8.5 If the principal/customer has received equipment for the interpreting service, in the case of withdrawal they shall return such equipment to Maka S.r.l.’s registered office without undue delay and, in any case, within the deadline of 14 (fourteen) days from the date on which the decision to withdraw from this contract was communicated. The deadline shall be complied with if the equipment is sent prior to the expiration of 14 (fourteen) days. The costs for the return of such goods shall be borne by the principal/customer. Any delay in return of the leased goods shall be billed by day according to the quoted fees in the proposal/estimate. 

8.6 If the principal/customer requests the service during the period in which they may withdraw from the contract, should they then exercise the right of withdrawal, they must pay the fees due proportionally with respect to the services received until perfection of the withdrawal. 

8.7 If the principal/customer exercises their right of withdrawal after the expiry of the period of 14 (fourteen) days from the stipulation of the contract, in addition to the payment of the agreed fees limited to any service up to the time rendered, they shall be required to pay a sum equal to 30% of the agreed amount for the service not performed because of the notified withdrawal. 

9. Interpreting Equipment

9.1 Upon the request of the principal/customer, Maka S.r.l. shall lease the equipment required for the interpreting service, against payment of which shall always be indicated in the proposal/estimate that Maka S.r.l. provides.  

9.2 For the use of the leased equipment, the principal/customer may request the assistance and intervention of technicians made available by Maka S.r.l. and billed at an hourly rate. The number of hours indicated in the proposal/estimate shall always be considered presumed and the final cost of the service shall be determined by the actual number of hours in which they are engaged. 

9.3 In the case of a request for technical assistance for equipment, the relative cost shall be indicated in the proposal/estimate based on the number of hours requested by the principal/customer. The number of hours indicated in the proposal/estimate shall always be considered presumed and the final cost of the service shall be determined by the actual number of hours in which the technician(s) is/are engaged. 

Hours that exceed those stated in the proposal/estimate shall be invoiced based on the rates indicated in the proposal/estimate that was accepted by the principal/customer. 

9.4 If the principal/customer does not require technical assistance in relation to the equipment provided by Maka S.r.l., the equipment in question shall be entrusted in custody to the principal/customer, who shall therefore be responsible both with respect to its integrity as well as its correct use. 

9.5 The principal/customer undertakes to use the equipment solely for the interpreting activity stated and to return it at the end of the service. In the case of damage or the failure to return the equipment, the principal/customer shall reimburse the costs incurred for the relative repair or to purchase new equipment.  

9.6 The lease of equipment is considered solely for the duration of the interpreting activity as outlined in the proposal/estimate and the principal/customer shall be billed for any additional days that they hold the equipment based on the rates indicated in the proposal/estimate. 

10. Defects and Discrepancies of the Service

10.1 Maka S.r.l. warrants that the service provided shall be free of defects and discrepancies in accordance with the Italian Civil Code. 

10.2 The principal/customer must, on pain of forfeiture of the warranty, advise Maka S.r.l. of any defects and/or discrepancies of the service provided within the term of 60 (sixty) days from the performance of the service. 

10.3 The relative action shall be prescribed within the term of 2 (two) years from the date on which the service was performed. 

11. Correspondence and Complaints

11.1 The principal/customer can contact Maka S.r.l. (V.A.T. No./Fiscal Code: 06907120965, Administrative Economic Index MI – 1922092, registration number with the Company Register of Milan 06907120965) at the following addresses and contact numbers:  

– registered office: Corso San Gottardo 5 -20136- Milan 

– telephone: (+ 39) 02/45546061- mobile phone: (+ 39) 349/1207274 

– email address: accounting@makaitalia.com 

– certified email address: makasrl@pec.it  

11.2 Any complaints must be sent in writing by email or certified email, or by telegram or registered mail with return receipt to Maka S.r.l.’s registered office.  

11.3 Maka S.r.l. undertakes to timely respond in writing to any complaints received. 

12. Obligation of Confidentiality

12.1 Maka S.r.l. and the principal/customer must reciprocally ensure that their employees and/or collaborators maintain the maximum confidentiality with respect to the facts, information, knowledge and news of which they become aware, as well as with respect to the content of the documents which come into their possession during the performance of the services set forth in this contract.