Terms & Conditions

Please refer to the following for our client terms and conditions, including our refund policy. If you have any questions or concerns about the terms and conditions, please e-mail us at contact@wordpower.ro with your name and order number in the Subject line.

These terms and conditions apply to all client interactions with Words with Power from the submission of a quote for service, and throughout the provision of (translation) services following the client’s acceptance of a quote from Words with Power.

1. In these terms and conditions, the following definitions apply:

1.1. “Accepted Quote” is defined as a Quote accepted in writing by the Client;

1.2. “Client” is defined as the party who has requested (translation) services from Words with Power [or who has had (translation) services requested on their behalf] as subsequently named in the Quote;

1.3. “Confidential Information” is defined as any proprietary information, expert insight and data in relation to the Source Materials and the Deliverables, disclosed in confidence by one party to the other party (with one of the parties being the Client), but does not include any information which is (a) in the public domain; (b) previously known to the other party prior to receipt of Source Materials; (c) provided to the other party by a separate third party source at any time after the date of receipt by the first party; (d) required by law to be disclosed by the other party;

1.4. “Contract” is defined as comprising an Accepted Quote and these terms and conditions, and becomes valid upon agreement of terms by both parties;

1.5. “Deliverables” are defined as the final deliverables as specified and agreed by both parties, produced as a result of the Services;

1.6. “Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, expertise, trade secrets, logos and all other similar property and rights whether registered or unregistered;

1.7. “Quote” is defined as the written quote outlining the costs and timeframe, issued by Words with Power to the Client, for the client’s approval;

1.8. “Services” is defined as the services specified in the Quote;

1.9. “Source Materials” are defined as the document/s provided by the Client to Words with Power (for translation), as identified in the Quote;

1.10. “Words with Power” refers to Words with Power S.R.L., a company registered in Romania, Trade Registry Number: J40/414/2022, VAT: 45461667, providing (translation) services to the Client;

1.11. “Website” refers to Words with Power’s website at www.wordpower.ro;

1.12. “Working Day” is defined as any week day, from Monday through Friday, except in the case of any day designated as a public holiday in Romania, and specifically excludes Saturday and Sunday.

2. Requests for (translation) services

2.1. Each request for (translation) services submitted to Words with Power is made subject to these terms and conditions. All Source Materials provided to Words with Power will be handled according to the stipulations covered in these terms and conditions.

2.2. An Accepted Quote must be the basis of every ‘Contract’ formed between the Client and Words with Power. The Contract cannot exist without the prior submission of an Accepted Quote in relation to any request for (translation) services or the submission of Source Materials. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and Words with Power confirming the services and other details described in that quote.

2.3. Subject to clause 2.4, Words with Power will issue a Quote after receiving a client’s request for (translation) services which must be submitted in accordance with the procedures stated on the Website.

2.4. Words with Power reserves the right to decline to issue a Quote or to provide any (translation) services if Words with Power considers the Source Materials contain any material to be offensive, obscene, contrary to any law, or inappropriate in any way. While Words with Power is entitled to assess the Source Materials at their discretion, they have no obligation to review the appropriate content or legality of the Source Material.

3. Provision of Services

3.1. Upon receipt of the Client’s deposit as specified in the Accepted Quote, Words with Power will provide the Services as agreed in the Quote, in accordance with Words with Power’s standard procedures as outlined on the Website at the time the Quote was issued.

3.2. The Client must provide all relevant information as requested by Words with Power in order for Words with Power to complete the translation services as required. It is the Client’s responsibility to ensure that all supporting information is complete and accurate.

3.3. Words with Power provides services at a range of specified quality levels. It is the Client’s responsibility to select the preferred level of service based on their requirements. It is not the responsibility of Words with Power to assess whether the quality level is appropriate for the Client’s needs. Words with Power will deliver the completed translation at the level of service selected and specified by the client in the Accepted Quote.

3.4. The Accepted Quote states the price quoted for the (translation) service based on the word count and nature of the translation, as described by the Client. If the Source Materials submitted by the Client do not match the description provided, Words with Power has no responsibility to complete the translation for the price quoted, and they will provide an updated quote based on the length and nature of the Source Materials provided. The updated quote will be adjusted to allow for any deposit already paid, and to amend the delivery date if necessary.

3.5. If a Client purchases (translation) services on a Saturday/ Sunday, there will be a minor delay in commencing the (translation) service, potentially resulting in a slight delay in delivering the completed (translation) service. In this case, Words with Power will notify the Client as soon as possible, to ensure the Client understands exactly when the (translation) service will be completed. Words with Power will endeavour to minimise any delay.

3.6. Words with Power is not responsible for the quality of the Source Materials provided by the Client and is not obligated to review the material for typographical or any other errors or to correct any errors or omissions contained in any Source Materials. As a result, Words with Power is not responsible for the impact of such errors or omissions on the quality of the Deliverables.

3.7. Words with Power will issue the Deliverables to the Client upon completion of the Services and subject to the Client’s submission of all outstanding payments in relation to the (translation) service.

3.8. Words with Power will deliver the Deliverables to the Client in accordance with the terms specified in the Quote and based on Words with Power’s applicable standard practices and procedures. Words with Power will endeavour to issue the Deliverables on or before the agreed delivery date / time, or within a reasonable time where no specific delivery date/ time is established. Words with Power accepts no liability for any delay in meeting the applicable timing.

4. Charges and payment

4.1. The Client will pay all applicable fees as specified in the Quote; these fees are due for payment or invoiced in accordance with clause 4.2. or clause 4.3. (as applicable) unless alternative arrangements for payment are specified in the Accepted Quote.

4.2. In this clause 4.2., “200” is determined in the currency specified in the Quote (which will be either RON or EURO). Except where clause 4.3. applies, payment of the fee will be as follows:

(a) for fees of 200 or less, the total amount is due prior to commencement of the Services;

(b) for fees greater than 200:

(i) a deposit of 50% of the total amount payable is due prior to commencement of the Services; and

(ii) the remaining 50% of the total amount payable is due prior to release of the Deliverables to the Client; and

(c) if the duration of the Services is anticipated to exceed 30 days:

(i) a deposit of 30% of the total amount payable is due prior to commencement of the Services;

(ii) 30% of the total amount payable is due half way through the expected duration of the Services (for example if the Services are anticipated to take 40 days, the second payment is due on day 20); and

(iii) the final balance of 40% of the total fee is due prior to release of the Deliverables to the Client.

4.3. All payments must be made in full without deduction or set-off.

4.4. Any applicable taxes and duties such as value added tax, are added to the amount charged.

4.5. If any amount of the fee remains unpaid by the due date:

(a) Words with Power may charge interest on that amount at 10% per annum calculated from the due date until the date that payment is received by Words with Power;

(b) Words with Power may suspend provision of Services or may cease to provide the Services or Deliverables and may terminate the Contract at their discretion in accordance with clause 10.2.

5. Refund policy

5.1. Words with Power will provide a refund to the Client in respect of the affected Services if:

(a) the Client terminates a Contract (or partially terminates a Contract) under clause 10.1., if the translation is no longer required;

(b) Non–Delivery of Translation: the electronic translation is not delivered to the Client after 4 Working Days from the delivery date specified in the Accepted Quote; however, no refund will be made if the Client has not provided all information as requested by Words with Power, in a timely manner;

(c) Translations not-as-required: the supplied Deliverables are significantly different from the deliverables required by the Client as specified in the Accepted Quote (for example, the Deliverables are in the wrong target language); or

(d) Translations contain gross errors: if the Deliverables contain gross errors, the Client must request any revisions to identify and correct errors within the stipulated period. The Client will not be eligible for any refund if the errors are identified or if revisions are requested after the stipulated period.

5.2. In the event of any monetary refund, the return payment will be 100% of the amount paid by the Client for the affected Services excluding courier and handling costs. The Client will only be eligible for a refund if the following actions/conditions have been met/completed within 10 Working Days of submitting the relevant Deliverable to the Client:

(a) The Client must request any refund from Words with Power, in writing via email to contact@wordpower.ro. A phone call will not be sufficient. The refund request must include: Order #, date of commission, company name, contact name provided for invoice, e-mail address used at the time of the commission and the manner in which the service was paid.

(b) Prior to dispatch of Source Materials, the Client completed the checklist requested by Words with Power, providing the appropriate background, overview, audience, language tone, reserved words and glossary terms, as required for a Words with Power translator.

(c) Where applicable, the Client has clearly explained why any rectifications proposed by Words with Power would not be effective.

(d) The Client endorses and submits an undertaking clearly stating that the relevant Deliverables will be used by the Client in part or in whole for personal, business, commercial or any other purposes.

5.3. Words with Power will endeavour to investigate and process refunds within 2 Working Days of receipt of a refund request, where applicable. However, refund requests may take up to 2 weeks to investigate and process. Once Words with Power has determined whether a refund will be submitted, the Client will receive a response to their request. If Words with Power determines that the refund request meets the requirements of this clause 5, Words with Power will notify the Client in writing and advise the payment method that will be used to refund the monies paid.

6. Intellectual Property

6.1. The Client retains ownership of any Intellectual Property in the Source Materials and the Deliverables. The work of Words with Power does not affect the ownership of the Intellectual Property.

6.2. Words with Power retains ownership of all Intellectual Property relating to the processes, methodology and expertise engaged in the performance of a Contract. Nothing in any Contract transfers any of Words with Power’s Intellectual Property to the Client.

7. Confidential Information

7.1. The parties recognise and acknowledge the sensitive nature of the Confidential Information.

7.2. Neither party may disclose any Confidential Information other than:

(a) to its directors, employees, contractors or subcontractors to the extent required to complete the Contract;

(b) with the express prior written consent of the other party; or

(c) to its professional advisers.

8. Client warranties

8.1. The Client represents and warrants to Words with Power that:

(a) the Client owns or has all the rights in the Source Materials necessary to entitle it to submit the Source Materials to Words with Power and that the Client is not infringing the Intellectual Property rights of any third party by requesting the translation Services;

(b) the Client has not submitted and will not submit anything to Words with Power or to its Website that will or could interfere with the functioning of Words with Power’s systems and/or the Website; the Client will not use anything in respect of its use of the Website, the Services or otherwise in connection with Words with Power (whether a device, software or any other thing whether embedded into the Source Materials or otherwise) that will or could interfere with the functioning of Words with Power’s systems and/or the Website; and

(c) the Client has the authority and ability to enter into and perform its obligations under this Agreement.

8.2. The Client indemnifies Words with Power against any losses, costs (including legal costs on a solicitor and own client basis), expenses, demands or liability whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party where the claim arises from any breach of the representations and warranties made by the Client in this clause 8.

9. Words with Power’s warranties

9.1. Words with Power warrants that it has authority and ability to enter into and perform its obligations under this Contract.

9.2. Except as expressly provided in these terms and conditions, all warranties, terms and conditions (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded by Words with Power to the extent permitted by law.

10. Termination

10.1. The Client may terminate a Contract (or, subject to this clause 10.1, part of a Contract) without cause, by giving written notification to Words with Power at any time up until 30 minutes after the Contract’s first payment has been received by Words with Power. The Client may only terminate part of a Contract where the Accepted Quote indicates separate pricing for the Services that are no longer required. Where a Contract is partially terminated under this clause, the Client must specify the Services that are no longer required at the time of giving notice of termination,

10.2. Words with Power may terminate the Contract by giving written notice to the Client, if the Client fails to pay any overdue amount within five days, following written notice from Words with Power requiring payment.

10.3. Without limiting Words with Power’s rights under clause 10.2, either party may terminate the Contract immediately if the other party:

(a) breaches any of its obligations under the Contract and fails to remedy the breach within 20 days of receiving notice requesting the breach to be remedied; or

(b) becomes insolvent or goes into liquidation; has a receiver or statutory manager appointed over its assets; ceases to carry on business or makes any arrangement with its creditors.

10.4. On termination of a Contract:

(a) any amounts due to Words with Power will become immediately due and payable;

(b) the provisions of the Contract that are intended to survive termination will remain in full force.

11. Liability

11.1. Words with Power will be liable for direct loss only (excluding loss of business or profits and excluding all consequential loss) up to a maximum of RON 400.

12. Dispute resolution

12.1. Any dispute, controversy or claim arising out of or in connection with these general terms and conditions, the Contract or any invoice issued by Words with Power, our engagement or our services or the breach, termination or invalidity thereof, shall be finally settled by the Bucharest courts.

13. General

13.1. Entire agreement: Each Contract constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of that Contract.

13.2. Amendments: Except as specifically provided, no amendment to a Contract will be effective unless it is in writing and signed by both parties.

13.3. Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.

13.4. Partial invalidity: If any provision of a Contract or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Contract and its application will not be affected and will remain enforceable to the greatest extent permitted by law.

13.5. Independent contractor: Words with Power is an independent contractor to the Client and remains independent of the Client in all respects. No aspect of any Contract constitutes either party a partner, agent, employee or joint venturer of the other.

13.6. Suspension: Words with Power may suspend performance of its obligations under a Contract for so long as it is unable to perform for reasons outside of its control.

13.7. Assignment: The Client must not assign its rights under any Contract without the prior written consent of Words with Power.

13.8. Severability: If any provision of a Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

13.9. Precedence: In the event of any conflict or inconsistency between these terms and conditions and the Accepted Quote, these terms and conditions will take precedence unless specified otherwise in these terms and conditions.

14. Notices

14.1. Notices under each Contract must be in writing and sent by email to the email address specified in the Quote (unless otherwise notified on seven days written notice).

15. Governing law

15.1. Each Contract is governed by and construed in accordance with Romanian law and the parties submit to the non-exclusive jurisdiction of the courts of Romania.

16. Amendments, prevailing terms, and language versions

16.1. These general terms and conditions may be amended by us from time to time. The current version can always be viewed on our website www.wordpower.ro. Amendments will become effective only in relation to matters initiated after the amended version was posted on our website.

16.2. These general terms and conditions are produced in Romanian and in English. For clients domiciled in Romanian, the version in Romanian shall prevail. The version in English shall prevail for all other clients.