Terms and Conditions for Translation Services
In these terms and conditions of translation the following terminology shall give the following meanings:
The term translation refers to the work produced by the Translator for the purchaser. The term “Translator” means the party who translates documents. The term “Purchaser” means any party, individual or a client contracting the supply of translation services. The “Certified Translator” means a Member of the Institute of Linguists or the Institute of Translation and Interpreting (ITI). The term “Agreement” means the terms and conditions of translation services. The terms “Third Party” means any party who is not party to this agreement.
1. The Translator shall offer a quote/estimate for translation services to the Purchaser which will be based on the clear description of the source material, nature of requirement and the purpose of its use indicated by the Purchaser.
2. The Translator shall not give any quote/estimates until the Translator has seen the source document and is fully satisfied to be linguistically capable of translating the document.
3. An estimate shall not be considered to be a contractual binding for both the parties. The estimate shall remain valid for a period of 30 days from the date from which it was given.
4. The cost of normal delivery of the translation shall be borne by the Translator. The costs for recorded or special delivery shall be charged to the Purchaser and the amount of such charges shall be agreed in advance.
5. Unless otherwise expressly agreed in writing the price estimates shall be exclusive of value added tax and any other taxes or duties which the Translator may be required to collect or pay in respect of the subject translation work.
6. Prior to the commencement of work the Translator shall agree a delivery schedule for the completion of translation work with the Purchaser and will adhere strictly to the deadlines agreed. The Translator shall use his own discretion in choosing the templates/layout, preferred fonts etc. for translating the documents without consulting the Purchaser.
7. The Purchaser acknowledges that there may be delays in the completion of translation work if it has been agreed to be outsourced to another linguist over which the Translator has no control.
8. If a delay in translation is caused by the Purchaser the Translator will re-negotiate the completion date for the translation and agree this with the Purchaser.
9. If due to unavoidable circumstances the agreed deadline cannot be met after commencement of the work, the Translator shall inform the Purchaser immediately by e-mail or phone. The Purchaser will pay for the completed work.
Responsibility and Liability
10. The Translator will perform the required translation work with all due care, diligence and professional skill. The Purchaser shall supply the material to the Translator in a clearly legible form.
11. The Translator will be truthful to the Purchaser about his qualifications and the terms and conditions of his services and will not accept any translation work for which the Translator is linguistically not qualified.
12. The Translator shall not be liable for any errors resulting from illegibility of source material supplied by the Purchaser to the Translator.
13. The Translator shall not be held liable for errors in the transliteration of name spellings of persons and places or other proper nouns from one script to another. The Purchaser shall supply such information to the Translator in advance at the start of the work. At the request of Purchaser the draft translation can be shared with the Purchaser before finalizing. The Purchaser will point out the errors only once which will be corrected by the Translator before returning the final document.
14. After the completion of work any error or defects spotted in the translation shall be brought to the notice of the Translator by the Purchaser within 5 days of receipt of translation by the Purchaser, otherwise the translation will be considered to be complete and accurate.
15. Unless otherwise expressly decided in writing the Translator shall delete the translated material within one week of the clearance of invoice for the translation work.
16. The Purchaser shall inform the Translator in writing before the commencement of work that a specific documents, materials or information passed on to the Translator by the Purchaser for translation purposes needs to be treated as confidential.
17. The Translator agrees to abide by Purchaser’s instructions to keep any specific documents, materials, or information provided by the Purchaser safe and confidential at all times and will not disclose the contents thereof to any person, firm or company.
18. The Translator agrees not to use the Confidential Information for any purpose other than the performance of translation work under this agreement.
19. At no time does the Purchaser acquire any proprietary interest in the material (s) produced by the Translator.
20. Nothing in these terms and conditions shall be construed as giving the Purchaser any intellectual property rights to any material including computer software and systems, whether developed by the Translator or by third party that the Translator may use whether in the preparation or transmission of data to the Purchaser.
21. The Translator shall not be held liable for any consequential loss or damage whatsoever if the Purchaser is not the copyright holder of the text to be translated and the Purchaser.
22. The Purchase will indemnify the Translator for any claims, actions and demands arising from any breach of copyright by the Purchaser or by the Translator in carrying out the translation on the instructions of Purchaser.
23. The Translator shall not accept any work which he believes is to be used for any criminal activity and the translator shall have a duty of disclosure to the appropriate authority.
24. In the absence of any express terms to the contrary payment in full is due within thirty (30) days following the date of dispatch of invoice to the Purchaser by the Translator.
25. In the events that the invoice payable by the Purchaser is agreed to be payable in instalments failure by the Purchaser to make any instalment payment on or by the due date shall render the whole sum outstanding immediately due and payable to the Translator.
26. In the event that the Purchaser cancels an order placed with the Translator for the purchase of translation services the Translator shall be entitled to invoice a cancellation charge not exceeding the value of the order completed.
27. No waiver by Translator of any breach of the agreement by Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
Complaints & Jurisdictions
28. Any complaint with respect to non-compliance with these terms and conditions shall be notified to the relevant party within 30 days of the date of completion of the translation work.
29. If a dispute cannot be resolve amicably by the parties then the above Terms and Conditions of shall be governed by and interpreted in all respects by the laws of England.
30. Any action arising out of or relating to these Terms and Conditions shall be brought in courts situated in England.