The Hungarian Office for Translation and Attestation Ltd. as Contractor (hereinafter: OFFI), provides the services listed under clause I for the customers’ (Clients’) request under the following terms and conditions, unless otherwise agreed in writing.
I. OFFI services:
Pursuant to the mandatory provisions of Decree No. 24/1986 (26 June) of the Council of Ministers on Translation and Interpretation and Decree No. 7/1986 (26 June) of the Minister of Justice on the implementation thereof, in Hungary attested translation, attestation of translations and making attested copies of foreign-language source documents are the exclusive competence of OFFI, unless otherwise stipulated by law. In addition to these activities, OFFI also provides other translation and interpretation activities for its Clients.
The services provided by OFFI:
1. Translation into the source-language texts provided by the Clients
• into the target language (technical translation),
• linguistic and/or technical, and stylistic verification of an existing translation based on the source text (revision);
• translation and revision into the target language (revised translation) or
• certified translation into the target language (certified translation*).
2. Revision and attestation of a translation prepared elsewhere and submitted to OFFI by the Client (attestation of translations*)
3. Making attested copies of foreign language source documents submitted to OFFI by the Client (making certified copies of foreign-language documents*)
4. Interpreting: oral translation, when the interpreter directly translates the orally produced source text into the target language in speech.
OFFI will not accept orders in the following cases:
1. The text is obviously unlawful.
2. The text contains classified data, except in documents received in accordance with the rules on classified data processing, or the text harms or endangers the state, social and economic order, interests or the persons and rights of the citizens of Hungary; such texts may be translated only upon request from officials or persons performing public functions listed in the applicable Criminal Code.
3. No translations of legislation can be provided, except when ordered by a court or the central administration.
4. No certified translation may be made of a translated document, except for documents issued as a translation or as an original which has been prepared by the issuing body itself in a language other than its official language, and for a translation already certified by a foreign mission under consular authority.
*Attestation is the public certification that the target-language text of the finished translation is identical in content and meaning to the source-language text. Under no circumstances does the attestation certify the authenticity, originality or validity of the form and/or content of the document (text) provided by the Client.
5. No certified translation may be made of a document from the online public electronic register of a Hungarian court, authority or the Hungarian Chamber of Civil-Law Notaries (MOKK) established by law – with the exception of documents marked as e-certified – without the authentication clause of the court, authority or MOKK.
II. Order placement, contract conclusion:
The Client sends OFFI their order and the source-language text which is the subject of the service, in person or by courier, by e-mail, online or by post at their own expense, and OFFI confirms the acceptance of the order in writing on the Order Form provided by OFFI and in accordance with the provisions of clause II/2.
The Order Form must specify the language direction of the service, the type of service, the type and number of documents received, the price to be charged (estimated or definitive), the deadline for each order, any advance payment and the method of payment.
Unless otherwise agreed by the parties in writing, or except for the cases specified under clauses II.1.– II.2, the contract shall be deemed concluded between the parties if the Client signs and returns to OFFI the Order Form filled out and sent by OFFI, and provides the source-language text. All risks related to the provision of the source-language text to OFFI, in particular all consequences of late or incomplete delivery of the documents, total or partial illegibility of the source-language text, or any defect or error that makes the translation impossible or prevents it, are the sole responsibility of the Client.
OFFI may verify the right of representation of the person acting on behalf of the Client by any appropriate means, e.g. by requesting a power of attorney, proof of identity, etc. The Client may not invoke the lack or excess of the right of representation of the person representing the Client during the placement of the order and the performance in order to avoid or reduce the payment of the service fee.
If the Client has not paid the service fees invoiced on the basis of their previous orders, OFFI is entitled to proceed in accordance with clause V/11.
1. Special rules for ordering a certified translation
Certified translations may be ordered by using any of the following methods:
a.) paper-based documents: in person or by post (electronically, etc.)
b.) electronic documents: in person by handing over the electronic data carrier device or via email. In the case of an order sent by e-mail, if the document is not e-certified, the original document or a certified copy thereof must be delivered to OFFI when the translation is received, the latest.
OFFI certifies in a clause attached to the translation that the translation is in full conformity with the text of the document to which it is attached. In the case of electronic attestation, OFFI certifies that the translation has been produced by OFFI, that the content of the files has not changed since the attestation and that the text of the finished translation is identical in content to the underlying text to be translated.
OFFI assumes no responsibility for the authenticity and content of the documents; the consequences of such inadequacies shall fall upon the Client.
OFFI has the right to refuse to prepare a paper-based certified translation, if the document to be translated is illegible or incomplete in its essential parts, or contains subsequent, unofficial corrections, erasures, insertions, or if any concern arises as to its authenticity.
In the case of a multilingual document issued by a foreign state in which the issuer includes the text in a non-Latin alphabet language, OFFI will translate the document from the Latin alphabet language only if the Latin alphabet correspondence includes all the elements of the document (text + inscription of seals). In the absence of any data series, the entire document can be accepted for the translation of the non-Latin alphabet only.
E-certified translation is only possible if OFFI examined and found valid the electronic signature on the electronically submitted e-certified files pursuant to Sections 12-16 of Government Decree 451/2016 (XII.19) on the Detailed Rules of Electronic Procedures. OFFI has the right to refuse to prepare e-certified translations if the electronic signature on the file is not certified, or its certification is invalid or its unalteredness cannot be ascertained.
If any concern arises regarding the authenticity of the document when placing the order, OFFI will accept to do the translation after the document has been attested/notarized/provided with Apostille. Should the concern arise after the placement of the order in the course of fulfilment, OFFI shall be entitled to rescind the contract and return the document to the Client or to initiate official proceedings. Such documents will only be reaccepted for translation after attestation. In the event of annulment of the order after the order has been placed, OFFI is entitled to simultaneously charge a handling fee in the amount specified in its effective price regulation. OFFI excludes any reimbursement of costs incurred in connection with orders not taken or cancelled.
In the case of electronically ordered e-certified translation, the contract is deemed concluded and the completion period commences when the client accepts and confirms OFFI’s price quote and this GTC, fully pays the price of the translation calculated based on the source-language characters and the sum is credited to OFFI’s account.
The translation will be started after payment of the full fee or the advance if advance payment is requested; you can receive the finished translation after payment of the amount due for the full translation fee, but not paid in advance.
2. Special rules regarding electronic translation orders
2.1. Ordering technical translations online – via the client portal
The Client has the option to order technical translation via the OFFI website (www.offi.hu) under Online ordering menu item by registering in the so-called internal “Client Portal” system (hereinafter: Client Portal):
• Individuals will automatically receive an email upon registration in the Client Portal system, containing the username and password to access the Client Portal.
• In the case of legal persons, after completing the registration form, OFFI will send an e-mail to the Client, which will activate the registration by clicking on the link provided therein. Once the account is activated, OFFI will notify the Client by e-mail that the registration has been successful and will provide the user name and password required to access the Client Portal.
In the Client Portal system, when requesting a quote, the Client fills in the language direction, the desired deadline and uploads the text to be translated. OFFI makes the price quote upon request and notifies the Client accordingly via e-mail.
If the Client finds the price acceptable, they accept it via the Client Portal, and in case of ordering the translation, pays the full translation fee via transfer or bank card, accepts the GTC and gives irrevocable consent to the commencement of the translation by OFFI.
In the case of transfer, the time of commencing the translation activity will be the time when the translation fee is credited to OFFI’s account, whereas in the case of payment by bank card, the time of payment of the translation fee.
2.2. Ordering certified translation or technical translation via website or e-mail
The Client can order certified translation or technical translation via the “Request for Quotation” form available on OFFI’s website (www.offi.hu/en).
The Client fills out the form and uploads the material to be translated. OFFI will send its price quote to the Client via e-mail. If the Client considers the offer satisfactory, they will accept it by e-mail.
The contract between the Parties shall be concluded when OFFI expressly confirms the Client's confirmed application, the Client accepts the confirmation and these GTC and pays the advance payment according to the order. In the case of orders placed by e-mail, the Client may pay the translation fee in person or by bank transfer.
2.3. Common rules
Submitting the uploaded data, sending it electronically and receiving a response does not constitute the conclusion of a contract, only as filing an order. Orders are accepted on working days, during opening hours.
III. Performance:
The Client acknowledges that conclusion of the contract means unconditional consent to the prompt commencement of performing the service. The Client acknowledges that they may not withdraw from or terminate the contract pursuant to Section 6:249 of Act V of 2013 on the Civil Code (hereinafter: Civil Code), nor may they exercise their right of withdrawal under Sections 20 and 29 of Government Decree 45/2014 (26.II.), given that the product is not prefabricated but is custom-made on the basis of an individual order.
OFFI is only obliged to translate specific terminology used in specialised source-language texts if the Client has provided OFFI with the terminology and background material together with the text to be translated and has given OFFI the opportunity for consultation.
OFFI is entitled to use subcontractors in the performance of the service, and the service may therefore contain mediated service. OFFI shall be liable for subcontractors’ activity as if it were its own.
OFFI delivers its work as per the Client request by handing it over personally, or at the Client’s expense via post, courier, or a delivery agent or via e-mail, except for the certified translations.
E-certified translations are handed over to clients personally or via e-mail.
The source-language text provided to OFFI is attached to the translation in the case of certified translation of paper-based documents, or returned to the client simultaneously with handing over or sending the translated text in the case of technical translation.
In the case of e-certified translation, the original file submitted for translation and the certified translation thereof are placed in a file inseparably and electronically signed with OFFI’s electronic stamp in pdf. format and provided with OFFI’s electronic seal. This e-dossier package is delivered to the client.
If the client does not pick up the translations within 30 days following the completion date, OFFI shall be entitled to charge HUF 500 + VAT handling fee for safe-keeping and storage.
IV. Completion dates
As to the completion date, the conditions specified in the Order Form as detailed in this GTC and confirmed by OFFI shall prevail.
The condition for meeting the completion date is that all documents required for the translation be submitted simultaneously with the order.
If the source text needs to be resubmitted due to illegibility or other reasons and OFFI cannot commence service performance, the completion date will be extended in proportion to the time required for supplementing the source text.
If the Client requests delivery by post or other means, OFFI will hand over the document for delivery on the day of the completion date at the latest, which is also the date of performance. The time required for delivery is not included in the completion date.
V. Service fee, payment terms
The currently valid general ates charged for OFFI services are published on OFFI’s website (www.offi.hu/en). In a separate agreement, the Parties may deviate from the rates published in the price list.
The basis of calculation of the translation price is the number of characters (including spaces) in the target language or source language or, in the case of unit-priced products, the number of units or the value set in other agreements.
Interpreting is charged on the basis of the time taken to complete the assignment, travel, meals and breaks, depending on the type of interpreting.
The Client acknowledges that OFFI is entitled to charge a minimum fee.
As regards the price to be paid by the Client for the services provided by OFFI, the other terms and conditions set out in the Order Form or established in the manner set out in clause II/2 and confirmed by OFFI shall apply.
Should the Client request changes in the completed translation or revision, OFFI shall be entitled to retranslate the entire text and invoice the full price again if the change request is not properly and unambiguously indicated.
For materials submitted for revision or attestation, OFFI is entitled to charge a translation fee if the quality of the translation so justifies.
If the Client presents the original source-language document on which the certified translation is based afterwards, OFFI is entitled to charge a collation fee per page of the source- language text according to the valid price list.
If the copy of the source-language document submitted when placing the order and the original document provided afterwards vary in any aspect, OFFI is entitled to charge the full revision fee again.
The service fee may be paid after delivery (cash on delivery), in cash, by bank transfer and advance payment, as agreed by the Parties.
Ex post transfers are allowed in the following cases:
- judicial bodies, public authorities (courts, police, prosecution offices);
- municipalities;
- public administration clients (ministries, government offices, etc.);
- Clients with whom OFFI has signed a framework contract;
- legal person clients on an individual assessment basis.
OFFI will only accept new orders from Clients with overdue debts upon payment of a cash advance and of the final invoice, and OFFI may refuse to accept further orders or may impose conditions on them if the debt is over 30 days overdue.
When choosing bank transfer, unless otherwise agreed, the Client must pay the price for services into the bank account stated on the invoice within eight calendar days from receiving OFFI’s invoice.
OFFI reserves the right to request advance payment, the amount of which will be indicated on the order form, in view of the fact that the service is intended for the production of a product that cannot be used for any other purpose, based on a specific text provided by the Client. If there is an advance payment, the contract is deemed concluded on the day when the transferred amount is credited to OFFI’s account. The completion period starts on the following day, except for 24-hour orders.
In the case of an advance payment, if the final amount is lower than the amount of the advance paid, the Client can collect the balance in person at the OFFI cash desk or the OFFI will refund it by bank transfer.
If the transfer needs to be made into a foreign bank account, the related handling fees will be borne by the Client. If the amount that is due back does not cover the banking fees, OFFI will notify the Client and ask for other instructions as to the payment of the amount in another manner.
In the case of late payment, the Client shall pay to OFFI the default interest applicable pursuant to the Civil Code. The default interest is due from the day of the default. The day of the default is the day following the date specified as due date on the issued invoice, otherwise it is the day following the date specified as date of delivery of the translated material in the order.
If the Client cancels the order after concluding the contract due to any reason outside the sphere of interest of OFFI, Client shall pay to OFFI the fee due for the work already performed in a certifiable manner until OFFI was notified of the cancellation in writing, the cancellation fee and other certified expenses incurred by OFFI.
OFFI does not charge a fee for sending materials/files electronically (primarily via e-mail, electronic data-carrier). If the forwarding is not carried out electronically, the costs of forwarding the work carried out (by courier, post, delivery service, etc.) shall be borne by the Client.
Any complaints related to the completed translation will have no suspensive effect as to the payment of the service fee.
VI. Guarantee, defective performance
OFFI undertakes to perform the service in good quality into the target language, in a way fit for the purpose of use.
The Client warrants that they are entitled to order the service from OFFI free from any limitations. If third parties were to enforce a claim towards OFFI for infringement of copyrights or any other reason with regard to a document submitted for translation, the Client undertakes to fully relieve OFFI from satisfying such claims.
OFFI assumes no responsibility for translation mistakes arising from erroneous content, potential invalidity and uninterpretability of the source-language document, and the damages resulting from the sending of source- and target-language texts between the parties.
The Client must verify the work performed by OFFI promptly and properly. If the Client raises any concerns regarding the quality of the ordered service after two months from receiving the translation, OFFI will be entitled to charge revision fee, unless otherwise provided for in the contract. The Client must indicate the potential translation and other deficiencies, mistakes and the nature of the mistake precisely, unambiguously and in a detailed way. OFFI is entitled to disregard and dismiss general complaints and quality complaints that are not specific. Quality complaints regarding interpreting can be made in a record supported by the unanimous, objective opinion of two witnesses, whose names shall be provided.
OFFI will examine the quality complaints regarding its services promptly and perform the necessary corrections within the time agreed with the Client, proportionate to the volume of the corrections within maximum 30, the latest and change the translation free of charge. If the parties cannot agree as to the deadline, or the Client resorts to a third party for this purpose, OFFI will be exempted from its obligation to execute the corrections. If OFFI corrects its errors within the established period, the Client shall pay the full fee of the service. If OFFI fails to perform the corrections within the established period set for this purpose, the Client may withdraw from the contract or request a fee reduction. In the event of withdrawal, the Client cannot use the translation. Insignificant errors do not constitute grounds for withdrawal.
Complaints (requests of change) filed for style or the use of special terms (especially sectoral terms or internal specialized terminology created by the Client), will not be deemed translation errors, unless the Client unambiguously communicated those and the instruction to their use to OFFI when the order was placed.
The client’s warranty claim is limited to the price paid for the service. In other respects, OFFI will be held accountable for the damages caused by erroneous and/or late service performance according to the general rules of civil law. The Client is only entitled to file any claim for damages in causal connection with OFFI performance if the Client has enforced the right to have the translation corrected.
VII. Other provisions
The contract concluded between the Client and OFFI is valid until the service/consideration contained in the order are performed and paid, except for unique framework contracts.
The parties will first make an effort to amicably settle any potential disputes arising from the legal relationship formed between them.
The mutual commitments laid down in the Order Form, and by signing the Order Form, the provisions contained in this GTC are governing and deemed accepted in the context of the parties’ legal relationship even if the GTC document is not signed separately.
In other respects, concerning the content of the legal relationship established between the parties, the conditions laid down in the Order Form and confirmed by OFFI shall be governing with the addition that in the matters not mentioned in the Order Form and not regulated in this GTC, the Civil Code and the Hungarian laws in force shall apply.
The parties have the obligation to closely cooperate with each other in the interest of service performance, and to promptly notify each other of any reason that may constitute an obstacle, a limitation or cause a delay in performance.
These General Terms and Conditions are valid until revoked.
The parties may deviate from these General Terms and Conditions by mutual agreement in writing or modify the contract already concluded between them by mutual agreement at any time.
OFFI declares that the documents received through the orders for translation and interpreting, and the information revealed in the documents handed over for translation, or otherwise learned in the course of fulfilling duties are handled confidentially.
OFFI handles the personal data and the special categories thereof in its possession (personal data: any information of identified or identifiable natural persons; an identifiable natural person is a person who can be directly or indirectly identified especially based on some identifier such as name, number, data that defines location, online identifier or other fact or several facts referring to the bodily, physiological, genetic, intellectual, economic, cultural or social identity of the natural person) pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as "GDPR").
OFFI declares that it will process these data only to the extent and for the duration necessary for the performance of its tasks. OFFI has the right to subcontract the translations to a data processor with whom OFFI concludes a data processing contract in accordance with the GDPR. OFFI shall disclose to third parties any other data and information that it has obtained in the course of its duties only with the prior written consent or at the express request of the Client. By signing the Order Form, the Client consents to the processing by OFFI of the personal and specific data voluntarily provided by the Client in the course of the order in the manner set out in the Privacy Policy which is available on our website: www.offi.hu/en.
Budapest, 20 September 2024
Hungarian Office for Translation and Attestation Ltd.