Legal Notice

GENERAL CONTRACTUAL CONDITIONS
GOVERNING NAKOM’S SERVICES

This contract constitutes the General Contractual Conditions applicable to any services to be provided by NAKOM (whose details are set out hereinafter). The acceptance by the Client of the quote attached to these General Conditions, or the mere use of or visit to the NAKOM website by any user constitutes the full acceptance of these General Conditions, without need of express signature by the Client.

BETWEEN

One party being NAKOM LINGUISTICS CONSULTANCY, S.L.U, with Head Office on c/ Luchana, 12, 1º- 2, 28010 Madrid, Spain, a company registered in the Mercantile Registry of Madrid, under Volume 27.351, Folio 179, Section 8, Page M-492880, with Tax ID code B85833705, represented by Ms Nagibe Mokbel Llata, in her position as Sole Director (hereinafter referred to as “NAKOM“).

And the other party being the natural person or legal entity identified in the quote attached to these General Conditions or who uses or visits the web site (hereinafter called the “Website”) belonging to NAKOM and with the URL www.nakom.net, www.nakom.org, y www.nakom.es (hereinafter referred to as “the Client” or the “User“).

TERMS AND CONDITIONS

  • OBJECT. The object of this contract shall be the provision of one of the following services (hereinafter referred to as “the Services”) by NAKOM:
  • General translation, sworn translation, proofreading and/or final revision, drafting and editing of content, creation of terminology data bases, website translation, transcription, dubbing and subtitling.
  • Organisation of multilingual conferences and events, simultaneous, consecutive, liaison or escort interpreting, chuchotage, as well as any service required for the execution of these tasks, such as the hiring of audiovisual equipment and/or technicians.
  • Compiling of instructional material, or teaching courses and seminars related to translation and interpreting.
  • Linguistic advice and consultancy services.
  • Any other type of accessory or complementary service related with the aforementioned ones.
  • FORM OF PROVISION OF SERVICES . NAKOM will provide the Services in accordance with any applicable regulations and according to the following stipulations:
    • Hiring capacity. In order to be able to hire the Services, the Client must be legally entitled to do so and be able to comply with what is required by the law of the country of the Client’s nationality. If the Client acts on behalf of a legal entity or natural person, the acceptance of these conditions will imply his/her being in possession of the legal right of representation.
    • Quote. To hire the Services, the Client must contact NAKOM. After examining the project, NAKOM will send the Client an quote for approval, subject to the following stipulations:
      • The quote will be deemed to have been approved when the Client returns it, duly signed, to NAKOM by the means specified in such quote. The approval of the quote by the Client shall be legally binding to both parties, pursuant to these General Conditions.
      • The quote will set a maximum time limit for its completion depending on the type of language project in question, to be counted from the day following to the approval of the quote, except when urgent processing is required.
      • The quote will indicate the means of delivery of the service. If the Client opts for a courier service, any related costs will be invoiced to the Client.
      • The quote supplied by NAKOM will be valid for 15 days, unless otherwise indicated. Once this time limit has been passed without receiving any approval, NAKOM reserves the right to modify such quote.
    • Prices.. The prices for NAKOM’s Services will be charged according to the specifications of each project. In the case of translation and interpreting Services, the prices will be determined as follows:
      • Traducciones: los precios, se calcularán por palabra y dependerán de la combinación lingüística de que se trate, aplicándose los recargos correspondientes por urgencia, formato, jura, etc.
      • Interpretaciones: los precios estarán determinados por el tipo de interpretación, número de intérpretes, número de horas y la contratación de material técnico necesario como cabinas, megafonía o asistencia técnica durante el evento, entre otros.
    • Modification. NAKOM reserves the right to unilaterally change the Service rates and hiring conditions at any time without prior notice; however, such changes will at no time be applied retroactively (i.e. such changes will not affect quotes already accepted).
    • Invoice. Should the Client require NAKOM to send an invoice by post for the hired Services, this should be expressly stated by e-mail. If this is not stated in the invoice, NAKOM will send the invoice to the Client by e-mail.
    • Method of payment. . The Client shall pay the invoice sent by NAKOM by payment or wire transfer into the account indicated for this purpose in the quote and in the invoice issued by NAKOM, in the way and within the time periods set out therein. Any expenses arising from payment or invoicing operations will be charged to the Client.
    • Cancellations by the Client. The Client reserves the right to cancel and desist the hiring of translation Services at any time. However, NAKOM reserves the right to charge the Client for the amount of work completed until the time of cancellation and for any inconveniences which may have been caused to those involved in the project. In the case of interpreting Services, any cancellation of the said services shall be governed by what is set out in the Particular Conditions of the quote. The Client must notify NAKOM by e-mail or any other means that allows proof of receipt, and both parties must accept said cancelation. Where applicable, NAKOM will refund the Client as soon as possible with the price of the Service hired, after deducting the amount specified above.
    • Confidentiality. Every quote includes a confidentiality clause in which the Client, NAKOM and its CONTRIBUTORS commit to maintaining the strictest discretion concerning the information contained in or related to the assigned project. However, the Client authorises the publication of a reference citing the Client as being a member of NAKOM’s client portfolio on the NAKOM web site, as well as on any other advertising or marketing materials, along with a logo provided for such purposes by the Client. Furthermore, both parties undertake to collaborate towards the end that said reference or logo may be mutually acceptable with respect to location and use of graphic elements, and be presented in such a way that the brand image of the Client may be preserved.
    • Project manager. NAKOM assigns every language project to a Project Manager who will personally take charge of its progress, entrusting its execution to the most suitable CONTRIBUTORS and co-ordinating all necessary stages until the work is completed. This Project Manager will act as a liaison between the CONTRIBUTORS and the Client, providing support to the CONTRIBUTORS and preparing, when applicable, a glossary of the terminology associated with the project.
    • Designated space. Each Client and CONTRIBUTOR will have a designated space with a customised database which will enable him/her to access to the status of the project in course, the documentation provided, the invoices, the quotes as well as to any previous projects at any time. NAKOM’s project management will be completely transparent.
  • CONDITIONS CONCERNING THE WEBSITE.
    • Offers of collaboration. There is an e-mail address on the Website through which all those persons fulfilling the minimum requirements established by the European Standard UNE-EN 15038 and wishing to become part of the team of professional contributors at NAKOM may send their curriculum vitae. NAKOM reserves the right to accept an application and initiate the appropriate selection process, which may include preliminary tests. If accepted, the new contributor shall have to commit to the general conditions of NAKOM for the hiring of contributors, as well as these General Conditions.
    • Intellectual property rights. The domain name, location and contents of the NAKOM Website are all the exclusive property of NAKOM. The intellectual property rights over the Website extend not only to the contents and title, but also to the logo, design, images, textures, graphics and any other contents therein, as well as to the code with which it is programmed, all of these falling under the protection of the Amended Text of the Intellectual Property Law passed by the Spanish Royal Legislative Decree 1/1.996, of 2 April, and other Spanish and international legislation in force relative to copyright. NAKOM reserves the rights of reproduction, modification, adaptation, public information, maintenance, error correction, transfer, sale, rental, loan and any other intellectual or industrial property right that NAKOM may be entitled to with regard to the contents of the NAKOM Website, the exercise of the foregoing rights being prohibited without the express permission of the holder. Any exercise of the foregoing rights, irrespective of the means or form of such exercise, requires NAKOM’s express prior permission.
    • Industrial property rights. NAKOM is the holder of the industrial property rights deriving from the use of trademarks, signs, logos, and trade names that are shown in any of the pages of the NAKOM Website, save where otherwise provided.
    • Disclaimer. The Client/User shall exonerate NAKOM and its administrators, directors, employees and contributors from all civil or any other type of liability that may derive from any claim, demand, action or procedure filed by any third party in relation to use of the NAKOM Website by the Client/User, for any of the following reasons:
      • Failure by the Client/User to comply with these General Conditions of Use.
      • Any communications or statements sent by the Client/User through the Website.
      • The receipt of services from any contributor through the Website, or as a result of having made contact with the said contributor through the Website.
      • Any unintentional breakdown or technical failure of the Website or the contents or services obtained through the same.
      • The presence of viruses or other elements in the contents that might lead to alteration in its computer system (software and hardware) or in the electronic documents and files stored in its computer system.
      • The lack of veracity, precision, thoroughness and/or updating of the contents available on the personal FTP of each Client or Contributor.
      • The transfer, dissemination, storing, receiving, obtaining, making available of or having access to the contents of the Website.
    • Incidents. Should the Client/User wish to make known any incident in the functioning of the NAKOM Website, the Client may do so one of in three ways:
  • By e-mail to the address nakom@nakom.net
  • By post to the address for NAKOM as set out in the recitals of these General Conditions
  • By telephone to +34 91 517 68 68
  • SECURITY AND DATA PROTECTION
    • Measures. NAKOM strictly adheres to the security measures and levels for the protection of personal data required by the Spanish Organic Law 15/1999, of 13 December, on the Protection of Personal Data and the rules for collecting and processing such data. Any personal data gathered through the NAKOM Website are subject to automatic processing and are integrated into files that are the property of NAKOM, the latter being responsible for the said files.
    • Agreement. The completion of forms included on the Website or the dispatch of e-mail or other communications to NAKOM addresses implies the Client/User’s express permission for the inclusion of his/her personal data in the said file.
    • Rights. Client/User may exercise their right of access, rectification, cancellation and opposition to personal data existing in the files of NAKOM, in accordance with the provisions laid down in the Spanish Organic Law 15/1999, of 13 December, on the Protection of Personal Data and other regulations to this effect, by addressing an e-mail to the addresses indicated above.
    • Registered files. The aforesaid files are registered in the General Registry of the Spanish Agency for Data Protection (https://www.agpd.es ), with registration code no. 2053200363, to which any user may have access in order to verify the status of his/her personal data.
    • Security of Information. NAKOM has employed all the systems and technical resources at its disposal in order to avoid any loss, incorrect use, alteration, unauthorised access and extraction of the data supplied by the user. Notwithstanding the foregoing, the user must be aware that security measures on the Internet are not entirely failsafe.
    • Transferring personal information to third parties. NAKOM does not sell, transfer, or in any way transmit the personal information of its Users or Clients to third parties, provided however, that translators, collaborators or staff are not considered as third parties to this effect.
    • E-mail address. NAKOM may send e-mails to the User/Client once the latter has supplied their address, and under the conditions expressly accepted by them, and in accordance with current legislation.
  • APPLICABLE LAW. The law applicable to these General Conditions, as well as all legal issues arising hereunder, is Spanish law. This contract is not subject to the United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 of April 1980, because the services hired do not fall under the category of sales of a mercantile nature.
  • JURISDICTION. In the event of any controversy, conflict or claim arising hereunder between any Client/User and NAKOM, the parties agree to submit themselves to the Courts of Madrid-Capital, specifically waiving any right to any other jurisdiction that might correspond to them.

In witness whereof, the parties have accepted this contract on the date indicated in the Quote attached hereto, or on the date of use of the Website by the User.