'The Language Provider' means UK Translation Services, registered in England as no: 10145109. Registered Office: UK Translation Services, 19 St Christopher's Way, Pride Park, Derby, DE24 8JY.
'The Client' means the individual or organisation that receives the services of the Provider.
'Engagement' means any use of the Interpreter's service on a temporary basis.
'Contract' means the Contract between the Provider and the Client, constituted by these terms of business.
'Translation' means any written or audio document provided by the Client for the purposes of translation, localising, editing, proofreading, revising, typing, adapting, rewriting, transcribing, project management, and subtitling.
Order means the written agreement between the Client and the Provider, which details the services to be provided and acts as an instruction to the Provider.
2.1 The Contract means the written agreement between the Client and the Provider for the supply of services by the Provider to the Client.
2.2 The Provider does not permit any variation to these terms without prior written approval by the Director of the company.
3. Unless otherwise stated, these terms shall prevail over any other terms of business proffered by the Client.
All original source documents provided by the Client to the provider will be treated in the strictest confidence at all times and remain the sole property of the Client. The Provider is restricted to using the documents for translation purposes only and will not assign or subcontract any agreement without the Client's prior consent.4. Booking Confirmation
The Client will receive a written booking confirmation prior to the assignment or project, detailing start time, meeting venue, duration and other relevant information. The Client is expected to carefully check all details are correct prior to commencement of the work, and the Provider shall take no responsibility for errors or oversights found after this acceptance.5. Deadline
It is the Provider's responsibility to deliver the work to the agreed date/time subject to the Client supplying the work to the provider as agreed. All work to be provided in the required format and medium, whether hard copy, disc, fax, email or web file. Any alteration to the deadline is subject to our agreement and shall be confirmed in writing by the Provider. Unless otherwise specified, the deadline is the date specified on the booking order or agreement. The provider shall make every endeavour to complete by the deadline, however, we cannot accept responsibility for delays in fulfilment caused by events that are beyond our control.6. Confidentiality
All information divulged by the Client to the Provider for the purposes of translation and or interpretation, shall be maintained in confidence by the Provider and, shall not be shared with any third party organisation or provider, unless expressly authorised by the Client. This excludes all information contained in terminology glossaries, which are complied by and normally remain the sole property of the Translator, unless the Client has agreed in writing and paid an appropriate fee to the Provider for the ownership of such terminology glossary entries governed by these confidentiality terms.7. Translation provisions
7.1 The Provider will try to provide a suitably qualified linguist for the assignment where ever possible, however, in rare language cases where a qualified linguist is not available for the work, the Provider will indicate this on the quotation or in writing. In such cases where the Client wishes to proceed, The Provider is not responsible for the unsatisfactory outcome of the work.
7.2 The Provider is not responsible for the quality of any original source documents. It is the responsibility of the Provider to provide all written documents in a clear, legible format to aid translation. The Provider and the Translator cannot be held responsible for poor translation resulting from badly written or illegible source documents supplied by the Client.
7.3 The Provider will supply the most experienced/qualified linguist for the assignment at their own discretion unless the Client's needs are particular.
7.4 The translation will closely reflect the intended meaning of the original document unless otherwise requested by the Client, and will not require adaptation, rewriting or editing, except to correct typographical and any other common sense errors.
7.5 Where a translator or interpreter is required same day or at short notice, The Provider will do its best to supply a suitably qualified linguist within the timeframe where possible. For rush translation, the maximum number of words per day is 3,000. Requirements exceeding this will be handled on an ad hoc basis at our discretion.
7.6 Expansion or contraction of some languages when translated is a natural occurrence of the work and is outside our control. All quotes are based on translation into the target language and where significant expansion/reduction in words translated has occurred, The Provider reserves the right to add a percentage mark-up or reduction from the total fee.
8.1 The client is normally charged per 1000 words for translation as agreed on the quotation/booking form. The client's fee comprises the Language Provider's remuneration for delivery of services plus the company's commission. VAT is payable on all charges. Payment must be made in pounds sterling.
8.2 The Client will be invoiced following completion of the work. All invoices are to be paid in full within 30 days from receipt of invoice or as otherwise agreed. Where late payments occur, The Provider reserves the right to charge interest subject to the provisions of the Late Payment of Commercial Debts (Interest) Act 1998, and the company's own admin fees. The Client will be responsible for any relevant bank charges incurred due to late payments.
8.3 After 30 days has passed, the Provider reserves the right to take legal action at any time to recover any outstanding amounts. This will incur an administrative fee of £100, which is added to the invoice, and is in addition to any legal fees payable by the Client.
8.4 After a further 30 days has passed, The Company will write to the Client requesting immediate payment in addition to a £25 late payment fee, which is added to the invoice.
8.5 Following a period of 60 days, the Client will receive another letter and incur an additional £25 late payment charge, which is repeated after 90 days with an additional £25 late payment fee.
8.6 Discounts on quoted prices will only apply if invoices are paid in full within 30 days, otherwise The Client will be expected to pay the full cost.
8.7 The Client shall not be entitled to withhold payment of any amount based on a disputed claim in respect of other services rendered by the Provider, alleged breach of Contract or any other Contract between the Provider and the Client, or where monies are allegedly owed by the Provider to the Client.
8.8 The Client shall not under any circumstances be entitled to withhold or delay payment on account of any third party withholding or delaying payment to themselves.
9.1 Where a booking is delayed for any reason, which is outside our control, The Client shall still be liable to pay all charges in relation to the original booking agreement.
9.2 Either during or after the interpreting assignment, The Client agrees to refrain from either directly or indirectly approaching, soliciting or employing the same Interpreter within an 18 month period from the completion of the work. Where a Client is found to breach this clause, the Client will reimburse the Provider for all sums actually or potentially due under the terms of this Contract.
9.3 Upon receipt of translation, it is the client's responsibility to check the document(s) and notify the provider of any errors or changes to be made. Any corrections made by the Provider will be completely free of charge within 30 days. Any other modifications incurred by the Client such as text revisions, amendments and additions to content, style and layout will result in additional fees being charged.
9.4 If the Client requires their translation in the same specific typeset/format as the original document, we will ask for the original electronic file to be provided so we can translate directly into the same format. Where translated text is longer or shorter than the original, we may have to re-quote you. Where the source document is not available and typesetting is required, this will be completed with the Client's permission and at an extra cost.
9.5 Where an interpreter incurs extra work and or travel time outside that originally quoted, The Client will be invoiced the additional costs based on the quoted rate to the nearest 15 minutes.
9.6 The Client agrees to indemnify the Provider against any damages, claims, losses and expenses incurred by the Provider regarding materials provided or approved by the Client for the Provider's use during an assignment. This includes any hazardous conditions or materials encountered by an Interpreter while attending a Client's premises during an assignment.
9.7 Where The Provider considers such an encounter to be a breach of Contract, The Company reserves the right to discontinue or withdraw from providing such services.
10.1 The Provider shall not be responsible for any changes made by the Client or a third party following completion of the translation work. This includes any further work carried out by any Third Party Translator or translation provider regarding work originally completed by the Provider.
10.2 The Provider takes every effort to deliver Client satisfaction and quality of service by supplying skilled and experienced linguists in accordance with the Client's booking confirmation. The Provider is not, however, responsible for any damages resulting in any failure to provide a Translator for all or part of the booking, or from the negligence, dishonesty, misconduct or lack of skill of the Language Provider.
10.3 The provider shall not be held liable for negligent misrepresentation made either orally or in writing, either directly or indirectly, prior to the Contract of work. The Client shall not be permitted to rescind The Contract based on these grounds.
10.4 The provider shall only assume limited responsibility on any grounds based solely on the invoiced value of the work.
In the unforeseen event a Translator is absent either prior to or during an assignment due to sickness, injury or personal circumstances beyond our control, we will try our best to find a suitable replacement of equal skill and or qualification, however, we do not accept liability for failure to do so.12. Cancellation
12.1 If the Client wishes to cancel a translation, the following rates apply: cancellation of the order within 24 hours of the order date incurs a 50% payment of the total fee. The full amount becomes payable for any orders cancelled after this time.
12.2 Where the Client decides to reschedule or put a translation on- hold, we will charge an admin fee of £25 to cover the cost of reprocessing the work, unless the Client resumes the work within 1 week (7days) of the cancellation date where no fee shall be incurred.
13.1 Where an original source document is under copyright, The Provider can assume that the Client has the translation rights from the copyright owner(s) and that the translation is for private purposes only.
13.2 The Client should be aware that translation into another language can also be allocated separate copyright, and that copyright ownership under intellectual property law is not transferable to the Client unless a Contract has been agreed and a payment has been made in respect of the transfer of copyright.
13.3 In case of defaulted payments, we are not obliged to protect any copyright, trademark, confidentiality or other right of Client. The Company reserves the right to retain all file copies of the materials to be translated.
13.4 The Provider shall not be held responsible for any infringement of copyright and/or translation rights, or for any legal action which may result from the original source documents or translated works.
14.1 We always try to provide the best possible customer service at all times, however, in rare cases where problems occur that are either within or beyond our control, we will review and rectify the work where possible completely free of charge, within 30 days of the order date. Any complaints or requests to change the work after the 30 day period should be made in writing to our Head Office and will be reviewed at our sole discretion either free of charge or for an appropriate fee.
14.2 If after careful investigation, the Language Provider has failed to rectify or resolve the situation, a full or part refund may be made to the Client at our sole discretion. The Client shall be notified in writing of the outcome of any enquiry in due course.
14.3 The Company does not accept any liability whatsoever for losses, damages, claims or expenses arising out of services provided by the Company or its translators.
Where a dispute between the Provider and the Client cannot be resolved, the case shall be heard before an English court of law whose adjudication shall be binding and final. Any legal costs arising from such a court hearing shall be borne by the losing party as decided in court. Where a Contract may exist in another language as well as English, the interpretation of the English Contract shall become binding.16. Changes to Terms and Conditions
The Company reserves the right to make changes to these terms from time to time and as we see fit. Any changes will be made only with prior written agreement with the Client.17. Governing Law.
This Contract shall be governed by the laws of England and Wales.