The ‘Company’ means Abc Translingua. ‘Work’ means translation, interpreting, typesetting or any other service supplied by the Company. ‘Client’ means any person or firm to whom the Company shall supply or contract to supply Work.
These conditions shall form the basis of all WORK performed by the Company. No variation of these forms shall be binding on the Company unless specifically agreed in writing by the Managing Director. These conditions shall constitute the entire contract between the parties.
3.1 Any written quotation for work will remain open for acceptance for 60 days after despatch unless a shorter or longer period is staged in writing.
3.2 Amendments made to the source text by the Client after the quotation stage may incur additional charges. Unless specifically indicated to the contrary, the cost of a translation is based upon the number of words and complexity. There is a minimum charge of £35 unless agreed differently between the Client and the Managing Director in Writing. This does not apply to the FREE QUOTE SERVICE where the minimum charge is £20.
3.3 All general price indications are given as subject to confirmation by the Company upon receipt of the Client’s order. No contract shall be concluded until such confirmation is given. No representative of the Company is authorised to make offers by way of oral quotation.
3.4 If the source language is copyright we only accept payment on the understanding that the Client has obtained the translation rights and will be using the translation only for private study.
3.5 The Free Quote Service is not machine run. Additional charges, if applicable, will be notified to the Client before the translation takes place and is sent back. There will be times when this service will not be operating for different reasons. When the service is operating we will try to carry out the translation in the minimum time possible (usually on the same day) but this cannot always be guaranteed. However we will try to respect any deadline and if this is not possible we will try and tell the Client before the deadline applies. The quotation is made free of charge, however there is a minimum charge of £20 per translation.
The Company confirms that all material handled by the Company shall be held in strictest confidence.
5. Prices and Payments
5.1 Prices quoted are exclusive of VAT. If as a result of a request by the Client, unforeseen expenses are incurred by the Company, this will result in additional charges. This will be confirmed to the Client in writing as an addition to the original quotation.
5.2 Payment for Work shall be made within 30 days from the date of invoice unless otherwise specifically agreed in writing by the Managing Director. The Company reserves the right to request stage payment for large contracts. The Company also reserves the right to request full or partial payment in advance for Work to be executed for new Clients for whom a credit rating has not been established.
5.3 The Company reserves the right to charge interests at the rate of 1.5% per month on all unpaid invoices. Interest will start to accrue on the date on which payment is due and will be calculated at monthly intervals.
5.4 If an invoice for a Client is made out to a third party, the Company will require written confirmation of acceptance from the third party.
5.5 Some discounts will take place for loyal clients and will be at the sole discretion of the Proprietor.
6. Translation and Typesetting Services
6.1 The Company undertakes to use its best endeavours to produce an accurate and idiomatic translation of the original text. The Client, by placing an order accepts that the translation may read differently from good original writing. For this reason the Company will propose various alternatives at the quotation stage. No liability is accepted by the Company for any alleged lack of advertising or sales impact.
6.2 The Company shall be under no obligation to indicate or correct errors or omissions in the original material supplied by the Client.
6.3 Where the contract for Work provides for proofs or texts to be submitted to the Client for approval, the Company shall not be liable for any errors not corrected by the Client in the proofs or texts so submitted.
6.4 The Company accepts no liability where a translation is used for a purpose other than that for which it was originally supplied and reserves the right to make a further charge for any amendments necessitated by the use of a translation for a new purpose.
7. Interpreting Services
7.1 This Clause shall apply exclusively to the provision of interpreting by the Company.
7.2 Documentation and relevant reference materials should be supplied to the Company as early as possible and in any event to arrive not less than 48 hours before the start of the assignment so that the interpreters have time to familiarise themselves with the specific terminology needed. No complaints regarding the quality of interpreting will be considered by the Company if these materials have not been made available.
7.3 The Client will be charged the interpreter’s travelling expenses at cost and will be charged for all the travelling time incurred.
The Client recognises and agrees that the Company may use outworkers with the relevant technical/linguistic expertise for some or all of the work as necessary. Notwithstanding the fact that the Company may use sub-contractors for services to be performed under this agreement, the Company shall not be responsible for the actions of such sub-contractors relative to the services which are the subject of this agreement.
9. Completion of Work
9.1 Should completion of Work be required sooner than the normal time requisite for its proper production, the Client will be advised of the course of action and every effort will be made to avoid any defects. Reasonable allowance must be made by the Client in such a case. Should such completion of Work necessitate overtime being worked or other additional costs being incorrect, a pre-agreed charge will be made to cover such costs.
9.2 The Company accepts no liability for the consequences of any delay in completion of Work caused by the Client and, in such event, any agreed deadlines or delivery schedules will automatically cease to be valid and new dates must be negotiated.
9.3 Unless otherwise agreed, Work will be despatched to the Client by post and charged at cost.
10.1 If the client for any reason postpones for a period of 15 days or more, or cancels Work which has been commissioned, charges will be payable for all completed Work up to the cancellation or postponement date and for all other costs and expenses which may accrue as a result of such cancellation or postponement.
10.2 In case of incapacity for any reason to carry out the contract the Company will use its best endeavour to provide a replacement but no liability will be accepted by the Company for failing to do so.
10.3 If for any reason the Client cancels an assignment, the Client will be charged the relevant cancellation fees as indicated in our quotation for the assignment.
11.1 The Client undertakes to notify any complaint in respect any Work of the Company in writing within 21 days of the receipt of the Work by the Client.
11.2 The Company’s liability shall be limited to the amount of the contract price for the Work.
12. Client’s Property
All documents, paper or other property supplied to the Company by the Client will be held or dealt with by the Company at the Client’s risk and the Company will not be held responsible for any loss or damage thereto.
These conditions shall be interpreted in accordance with English law and the Company and Client irrevocably submit to the non-exclusive jurisdiction of the English Courts. In case of Force Majeure, the Company cannot accept any liability for the consequences of any delay in the completion of Work.