Terms and conditions

TERMS AND CONDITIONS


This Translation Contract aims to give interested parties a detailed description of the Terms and Conditions of our translation service. All clients are required to sign this Contract when placing an order with us; any client placing an order with us is deemed to have read and accepted this Contract. Depending on circumstances, a separate agreement (e.g. a special confidentiality agreement) may be signed between the Contracting Parties. This Preamble is an integral part of the Translation Contract. 


Translation Contract  

This Contract dated
Parties to the Contract
Client :
Translation Contractor :Charlotte Fleming

For the purposes of this Agreement, the following definitions of terms shall apply: 
- TRANSLATION shall mean to render information in the source language into the target language in written form and compare the translation to the original.
- REVISION shall mean a detailed review of the target text for its suitability for purpose and comparison of the target text to the source. The reviser shall make sure that the target text follows the source entirely, that it is complete and linguistically accurate and that the two texts are consistent in terms of terminology, register and style.
- PROOFREADING shall mean to perform a detailed review of the target text from the point of view of clarity and appropriateness of style and grammar in the text. The proofreader shall correct any grammar errors and typos, review the style of the text according to the relevant field and make suggestions for improving the target text, if applicable.

With regard to the translation, revision, and proofreading of documents entrusted byXXX(hereinafter the Client) to Charlotte Fleming (hereinafter the Translation Contractor), the parties to this Contract, on the basis of equality and mutual benefit and by mutual agreement, have negotiated and hereby agree to be bound by the following terms and conditions:

1. The Client is to provide the Translation Contractor with books or materials to be translated by the Translation Contractor. 

2. The Client hereby warrants to the Translation Contractor that they have obtained the necessary copyright for the said materials, and that the said materials contain nothing of a nature that may be the cause of a criminal or civil prosecution. The Client shall indemnify and keep the Translation Contractor free of liability in relation to all actions, costs, expenses, claims, losses, and charges arising out of or in connection with any breach of the Client. Should the Translation Contractor come into knowledge of any translation requirement that is in contradiction to the relevant laws or regulations or international laws or conventions, the Translation Contractor has the right to reject such translation requests. 

3. Should the Client wish to raise any disagreement with the translation by the Translation Contractor, the Client is entitled to request, within seven days from receipt of the translation, that the Translation Contractor make revisions to the translation within the reasonable specified time frame and at no further cost to the Client, until they are satisfied with the translation. 

4. The Translation Contractor is entitled to request that the Client provide, at no cost to the Translation Contractor, background information and references pertaining to the translation.

5. The Translation Contractor shall make every effort to render a quality translation that is true to the original text, accurate and coherent. This notwithstanding, the Client’s attention is drawn to the following circumstances: that some words may not be translatable, that no absolute equivalence of two words or expressions exists between any two languages or even within the same language, and that there exists a great diversity in different languages or within the same language. As a consequence, no two translations are exactly the same. Although it is the responsibility of the Translation Contractor to minimize this type of discrepancy, the Client is however not entitled to reject the translation because of a particular choice of words by the Translation Contractor.  

6. The Translation Contractor, being a professional Linguist, observes the ethics of the profession and is responsible for the accuracy of the translation and for confidentiality of the assignment (a separate confidentiality agreement may be signed if required), but is free from any other responsibilities or liabilities in connection with the document being translated. Irrespective of the profit or loss of the Client’s business, the Translation Contractor is entitled to the full translation fee. 

7. The Translation Contractor shall return the relevant background information and the translation to the Client on or before the due day.   

8. Any loss arising from a delay on the part of the Client in providing the Translation Contractor with the relevant background information or other materials relating to the translation shall be borne by the Client. 

9. Should the Translation Contractor be unable to provide a translation according to the delivery time-table, the Client has the right to terminate the Contract and hold the Translation Contractor as in breach of the Contract, as a result of which, the Translation Contractor shall refund the Client any payments made up to that moment

10. Unless the Translation Contractor is in breach of this Contract, the Client shall pay the translation fee in full and on time, failing which the Translation Contractor is entitled to charge a 10% late payment fee as compensation (a new invoice shall be issued by the Translation Contractor in this case). For every 30 calendar days that an overdue invoice remains unpaid, a further 5 % will be added to the invoice.

11. Payments to the Translation Contractor will be made by the Client within 14 calendar days after the date of the invoice issued by the Translation Contractor to the Client.

12. The Translation Contractor will chargeGBP/USD/EU XXX (XXX Pounds Sterling/US dollars/Euros) per hour/word/page [delete as applicable] for all work, including translation, revision, proofreading, and consultancy.

13. Should the Client wish to amend the original text and this necessitates corresponding amendments in the translation, the Translation Contractor is entitled to an amendment fee. Alternatively, the Translation Contractor, having been in receipt of the full payment for the original translation, has the right to reassess the charges for the parts of the text that are affected by the amendment. If additional translation is required, separate charges are levied.

14. Whilst the translation is in progress, the Parties to the Contract should resolve any problems in a friendly manner if and when they arise. Unless otherwise set forth herein or mutually agreed to by the parties, any controversy between the parties hereto shall be resolved in the following manner. The parties to this Contract will appoint two persons, one chosen by each party, to hear and agree upon the resolution of the dispute. If those persons are unable to agree within a reasonable time, then the two persons so chosen will jointly select a third impartial arbitrator whose decision will be final and conclusive on both parties. The cost of this process will be borne in such proportions as the arbitrator(s) decide.

15. Should this Contract be frustrated in full or in part due to force majeure, the Parties to the Contract shall be relieved of all liabilities relating thereto.    

16. Should this Contract require any corrections, amendments, substitution, or alteration, the same must be in writing and must clearly make reference to this Contract. Any supplements to this Contract must be signed by an authorized person or representative of each of the contracting parties.

17. It is mutually agreed and understood that either party may terminate this Contract by giving 72 hours written notice to the other party. Following any termination of this Contract, all assignments fully completed prior to termination shall be invoiced and paid pursuant to the terms of the assignment. With respect to any assignments in progress at the time of termination, such assignments shall be completed, invoiced and paid after termination pursuant to the terms of this Contract, as if not terminated with respect thereto, unless otherwise specifically agreed by the parties in writing.

18. This Contract is in duplicate, with each party holding one copy, and takes effect on the date it is officiated with the authorised signatures and company common seals appended hereunder.  
 
The Client:                                                                                                   The Translation Contractor
                                                                                                                          Charlotte Fleming  

Company Address:                                                                                       Company Address
                                                                                                                          Old School, Pitkennedy,
                                                                                                                          Forfar, Angus, DD8 2UJ, 
                                                                                                                          Scotland, UK.

Authorised Signature:                                                                                         Authorised Signature:


Full name and capacity:                                                                               Full name and capacity:
                                                                                                                          Charlotte Fleming, Translator

Date:                                                                                                                 Date:
 

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