Terms and Conditions
Translate UK Limited - Terms and Conditions of Business
In submitting a verbal or written request for any service provided by Translate UK Limited any individual or corporate body (hereinafter referred to as “client” enters into a binding agreement with Translate UK Limited, the said agreement being subject to the following terms and conditions.
Translate UK Limited is committed to providing its clients with the highest quality standards when dealing with their affairs.
Copyright in Source Material, Translation Rights, Interpreters & all related services
1. Translate UK Limited accepts an order from the client on the understanding that the performance of the task will not infringe any third party rights. Translate UK Limited is not responsible for any claims of infringement of copyright and/or other intellectual property rights in all cases.
Fees: Quotations (binding) and Estimates (non-binding)
2. The fee to be charged shall be determined by Translate UK Limited on the basis of the client’s description of the source material, the purpose of the assignment and any instructions given by the client. Translate UK Limited shall give no fixed quotation until all source material has been submitted and firm instructions have been received from the client. Any fee quoted, estimated or agreed by Translate UK Limited on the basis of the client’s description of the task may be subject to amendment by agreement between the parties if, in the opinion of Translate UK Limited on having seen or heard the source material, that description is materially inadequate or inaccurate. Any fee agreed for the assignment which is found to present latent special difficulties of which neither party could be reasonably aware of at the time of offer and acceptance shall be re-negotiated, always provided that the circumstances are made known to the other party as soon as reasonably practical after they become apparent. An estimate shall not be considered contractually binding, but given for guidance or information only.
3. Costs of delivery of the assignment by e-mail, fax or post shall normally be borne by Translate UK Limited. Where delivery requested by the client involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the client. If the additional cost is incurred as a result of action or inaction by Translate UK Limited, it shall not be borne by the client, unless otherwise agreed.
4. Other supplementary charges, for example, those arising from: discontinuous text, complicated layout or other forms of layout or presentation requiring additional time or resources, and/or poorly legible copy or poorly audible sound media, and/or terminological research, and/or certification, and/or priority work or work outside normal office hours in order to meet the client’s deadline or other requirements, may also be charged. The nature of such charges shall be agreed in advance.
5. If any changes are made to the assigned project or the client’s requirements at any time while the task is in progress, the fee charged by Translate UK Limited, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
Delivery
6. Any delivery date or dates agreed between Translate UK Limited and the client shall become binding only after Translate UK Limited has seen or heard the entire project requirement and has received complete instructions from the client.
Payment
7. Payment in full to Translate UK Limited shall be effected not later than 30 days from the date of invoice by the method of payment specified. For long assignments and projects, Translate UK Limited may request an initial payment and periodic partial payments on terms to be agreed.
8. Settlements of any invoice, part-invoice or other payment shall be made by the due date agreed between the parties or in the absence of such agreement within the period stipulated in clause 7. Interest may be charged on all overdue sums from the date on which they first become due until they are paid in full. Where delivery is in instalments and notice has been given that an interim payment is overdue, Translate UK Limited shall have the right to stop work on the work in hand until the outstanding payment is made or other terms agreed.
Copyright in Translations & Services
9. In the absence of a specific written agreement to the contrary, copyright in the translation and other services provided remain the property of Translate UK Limited.
10. Where Translate UK Limited retains the copyright, unless otherwise agreed in writing, any published text of the translation shall carry the following statement: “© (English or other) text (Translate UK Limited) (Year date)” as appropriate to the particular case. The statement may also carry the name of the translator at the discretion and authorisation of Translate UK Limited.
11. All translations are subject to the right of integrity of Translate UK Limited. If a translation is in any way amended or altered without the written permission of Translate UK Limited, Translate UK Limited shall not be in any way liable for amendments made or their consequences. If Translate UK Limited retains the copyright in a translation, or if a translation is to be used for legal purposes, no amendment or alteration may be made to a translation without the written permission of Translate UK Limited. Translate UK Limited may specifically waive the right of integrity in advance in writing.
Confidentiality and Safekeeping of the Client’s Documents
12. No documents for translation/proofreading shall be deemed to be confidential unless the client expressly states this. However, Translate UK Limited shall at all times exercise due discretion in respect of disclosure to any Third Party of any information contained in the clients original documents or translations thereof without the express authorisation of the client. Nevertheless, a third party may be consulted over specific terminology queries, provided that there is no disclosure of confidential material.
13. Translate UK Limited shall be responsible for the safekeeping of the client’s documents and copies of the translations.
14. If requested to do so by the client, Translate UK Limited shall insure documents in transit from Translate UK Limited, at the client’s expense.
Cancellation and Frustration
15. If a translation task is commissioned and subsequently cancelled, the client shall pay Translate UK Limited the full contract sum, if Translate UK Limited takes the decision to invoice the client. The work completed shall be made available to the client.
16. Translate UK Limited shall notify the client as soon as is reasonably practical of any circumstances likely to prejudice the ability of Translate UK Limited to comply with the terms of the client’s order.
Complaints and Disputes
17. Any complaint in connection with a service provided by Translate UK Limited should be expressed in writing and addressed to a Director of the company. If the complaint is made within one month of the date of delivery, it is the duty of Translate UK Limited to ensure that the work is brought up to the required standard.
18. If a dispute cannot be re-solved amicably the parties shall be subject to the jurisdiction of the Courts of England and Wales.
Responsibility and Liability
19. The services provided by Translate UK Limited shall be carried out using reasonable skill and conduct. Translate UK Limited shall use its best endeavours to do the work to the best of its ability, knowledge and belief. All services shall be fit for its stated purpose and target, and the level of quality specified. The liability of Translate UK Limited shall be limited to the invoiced value of the work, except where in connection with any consequences that are reasonably foreseeable.
Governing Law
20. These terms and conditions of business shall be governed by and construed in accordance with English Law, and the courts of England shall have exclusive jurisdiction to settle any disputes that may arise out of or in connection with them.
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