DEFINITIONS
– The ‘Provider’ means EXPERTRANSLATORS LTD, a division of EXPERTRANSLATORS Ltd. registered in England and Wales company no. 4279604. VAT registration 782722119. Registered office: 31A Crawford Place, London W1H4LL, United Kingdom, its employees and sub-contracted Translation Professionals.
– The ‘Client’ means the customer of the Provider, whether an individual or legal entity.
– ‘Assignment’ means any translation, certified or not, physical or digital, supplied by the Provider from the written source provided by the ‘Client’.
– ‘Confirmation’ means an acceptance by the Client of this Agreement, instructing the Provider to perform the Assignment, whether pre-paid or not, by any written confirmation means (email, web message, letter or fax).
– ‘Agreement’ means the Terms of Business herein between the ‘Provider’ and the ‘Client’ constituted by these terms of business.
– ‘Working hours’: 9am to 5.30 pm.
LINGUISTIC CONSIDERATIONS
– We are extremely careful in ensuring that the Assignment is accurate and reflects the text in the original document. Please note that we do not perform any ‘editing’ or ‘rewriting’, this means that no text is either added, removed or modified from the original.
– Text discrepancies: To avoid translation discrepancies in phonetic names/places or handwritten illegible text that can be difficult to translate, a Draft of the Assignment will be emailed as an email PDF to the Client for verification before finalising the translation. The Client must ensure the Draft is thoroughly checked and reply by email promptly to avoid any delays. Any discrepancies found after the Assignment is finalised may incur further fee if the Provider is required to correct the translation.
– Unless otherwise specified by the Client, the language the Provider is asked to translate into will be a mainstream language using a vocabulary that does not include rare dialectic or regional specific words and syntax. Unless a specific dialect or professional qualification/experience is requested by the Client, the Provider will use its discretion in the choice of the most suitable translation professional to match the translation assignment. A good translation depends amongst other things on a well and clearly written original document. Unless otherwise requested by the Client, the Assignment will closely reflect the intended meaning of the original document and will not be subject to adaptation, rewriting or editing, except for typographical and obvious common sense errors. Illegible text will be marked as [illegible] and will not be guess-translated by The Provider. The Provider will not be held responsible for an unsatisfactory Assignment resulting from poorly written and illegible original documents.
– The Proper Names of the person(s) are translated using what the Provider believes to be the proper nomenclature for the language. The Provider will not add, shorten or modify the Name(s) of the person(s) on the original document should the Client request to do so, except in cases of phonetic adaptation, as long as the adaptation closely reflects the nomenclature of the original name(s), for example, upon client request, the name ‘Aleksander’ may be modified to ‘Alexander’ to match the Client’s first name on all other documents.
– Formatting/Layout: Please note that we are a translation provider, not a graphic design provider. We try our best to match the layout and design of the translation with the original document without extra fee but our main priority is the accuracy of translation, not accuracy of layout and the client is to expect a layout that matches closely the layout of the original document but not to expect a 100% full design match.
DEADLINE & DELIVERY
– The deadline number of days (working days) will be notified to the client by email. Subject to the Client confirming the Assignment, delivering the document(s), instructions and payment to the Provider, the Provider will do its utmost to ensure that the Assignment reaches the Client by the deadline by email.
– Delivery deadlines are binding but may be subject to change in the following circumstances:
- Any reason beyond the Provider’s control (such as delayed delivery by sub-contracted provider, employees, illness, breakdown in communication traffic – internet, emails, acts of God, disruptions in law & order, etc.)
- Unforeseen difficult/complex nature of text to be translated.
- If any modification is made to the Assignment after confirmation (change of or additional documents, pages, Assignment hold/reschedule, any change to the initial confirmed Assignment). Any deadline adjusted during the course of the Assignment must be confirmed in writing and agreed by both the Client and Provider.
Fee Schedule:
– Translation Fees per ‘Page’: The definition of a ‘page’ and its translation fees depends on:
- a) the languages combination, b) the type of document c) the number of pages. The fee per page shown at the time of the booking on our website includes a minimum of 1 word and a maximum of 300 words per A4 page of the original document (which corresponds to average lettering of 12 point typeface size and a maximum of 29 lines). Please note that for documents submitted for translation exceeding the maximum number of words per page as indicated above, we reserve the right to either request additional payment for extra words (in increments of extra pages) or cancel the Assignment and offer a refund (less a cancellation fee of £14 + VAT).
– Discounts are given at the discretion of the Provider based on volume, amount of text per page, repeat client loyalty. Discounts are not given for already provided translation by client or third party and we do not accept such translations. Discounts apply to translation charges only and do not apply to extra facilities such as rush Assignments and postal charges.
ADDITIONAL FEES
These are payable by the Client to the Provider in the event of the following:
– Upon receipt of translation, the Client shall promptly review it and within 30 days after receipt, notify the Provider of any changes. Any changes requested by the Client after 30 days of receipt may be chargeable and will require the Client to operate a new booking. A discount may be applicable at the Provider’s discretion.
PAYMENT
– All Assignments are pre-paid before commencement of the Assignment. In exceptional circumstances and upon prior agreement between the Client and the Provider, some Assignments are paid upon delivery. In which case, it is agreed that payment must reach our bank account after start of the Assignment but before Deadline 1 of the Assignment (Usually around 2 to 3 business days). The Provider will not release the Assignment to the Client until payment has been received in full into the Provider’s bank account. The amount payable will be indicated on the Provider’s Assignment confirmation receipt received by the Client. Upon Deadline 2 delivery of the Assignment, a full VAT receipt will be issued to the Client. The Provider reserves the right to stop delivery of an ongoing Assignment and charge interest and admin fees on late payments at the rate of 8% above base rate (or such rate as is determined by UK legislation). Relevant bank payment charges to be borne by the Client.
– The Client shall not be entitled to withhold payment or ask for a refund of any amount properly payable on account of any disputed claim by the Client in respect of:
- a) a current Assignment dispute such as disagreement with translation terminology; disagreement about academic titles translation, Client request to add, remove or modify passages in translation which do not conform to the Original document;
- b) another Assignment provided by the Provider, or any alleged breach of Agreement, or any other Agreement between the Provider and the Client. The Client shall not be entitled to offset or otherwise deduct from any amount properly payable to the Provider any monies which are allegedly due from the Provider to the Client for one Assignment from another.
– The Client shall not be entitled to withhold or delay payment of any amount payable to the Provider on account of any third party withholding payment to the Client.
– It is the responsibility of the Client to ensure that payment reaches us on time for timely delivery of the Assignment. Credit/debit cards and Paypal payments are instantly confirmed. Payments by eCheque, bank cheques, postal orders and Online transfers will be confirmed as soon as payment reaches the Provider’s bank account. Confirmation of the Assignment will start from when payment reaches our account. The Client will not be notified if payment has not reached the Provider’s account, in which case, it is the responsibility of the Client to chase payment has been received.
CONFIDENTIALITY
All documents submitted to the Provider by the Client remain the property of the Client, and will be held in strict confidentiality by the Provider. Documents expressly identified by Client in writing as confidential shall be maintained in confidentiality by the Provider and, unless expressly authorised by the Client in writing, shall not be divulged or published by the Provider, nor authorised by the Provider to be divulged or published to others. Excluded is a) information which is or becomes available to the general public, provided this did not result from a breach by the Provider, b) terminology glossary entries compiled by the Provider whilst performing the Assignment. c) Likewise, the Client shall not disclose to any third party any information relating to the Provider and any of its methods without prior written consent from the Provider.
PRIVACY & COOKIES NOTICE
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CANCELLATIONS/RESCHEDULES/AMENDMENTS
As soon as we receive a confirmed Assignment during Business Hours, it is processed immediately and we start translating. For cancelled translation Assignments, 100% of the booking total is refundable within two hours from the Assignment confirmation start date/time during Business Hours, 0% refundable after two business hours from the Assignment confirmation start date/time. For rescheduled/amended/on-hold translation, a £29 + VAT re-booking fee becomes payable and added to the total amount to cover the administration fees involved in stopping/amending and reprocessing the Assignment. An Assignment which has been put on hold by the Client for whatever reason is allowed a grace period of 15 business days after which the Assignment must be resumed. Should we not receive instructions to resume the Assignment within the grace period, the translation will be automatically cancelled and no refund will be applicable. Our translation professionals allocate Assignments in an orderly manner. If an Assignment is confirmed and time allocated for that purpose and later cancelled, loss has to be compensated as the professional would have turned down other Assignments. The cancellation of an Assignment in full or in part involves time and resources which have to be compensated. The translation completed until the client on-hold instructions shall be made available to the Client.
TERMINATION
In most cases the Provider shall, within 24 hours of receipt of payment, confirm the Assignment by return email. The Provider reserves the right not to undertake and to terminate an Assignment immediately and notify the Client as such, for the following reasons:
– Documents submitted for translation with predominantly Illegible content.
– Documents with improper, unlawful, immoral content which the Provider judges is not appropriate to translate.
– Please note that Assignments which have been terminated for any of the above reasons or any other reason are subject to a refund (less a termination fee of £14 + VAT).
THIRD PARTIES
The Provider shall bear no responsibility whatsoever as to any changes in the translation made by the Client or any third party after completion by the Provider and receipt by the Client. The Provider shall also bear no responsibility whatsoever as to the outcome of the Client’s submission of the Provider’s translation to any third party (for example visa application, university application).
The Client undertakes to make no attempt to establish any arrangement independent of the Provider with linguists contracted to the Provider on this or any related Assignment. Should the Client breach this arrangement, the Client will pay the Provider any compensation adequately reviewed by the Provider as compensation for breach of this clause under the terms of this agreement.
TITLE & COPYRIGHT
If a text to be translated is under copyright, the Provider shall not be held responsible whatsoever for any breaches in copyright laws whilst the Provider was not being made aware by the Client of any Copyright rules regarding the Original document and its translation. The Provider undertakes the Assignment in good faith from the Client on the understanding that:
- the client has the translation rights from the copyright owner(s) to translate the document,
- the client will be using the translation for private purposes only.
- the translation into another language is also eligible for separate copyright. The Client shall not hold the Provider responsible for any claim for infringement of copyright and/or translation rights and from any legal action which may arise from the contents of the original material. It is also agreed that the Client shall not hold the Provider responsible for any claim for infringement of copyright and/or translation rights for any legal action which may arise by any third party with regards to the Assignment, either directed against the Provider or the Client.
COMPLAINTS, REVIEWS AND REFUNDS
We aim to provide a flawless Assignment and take every care to ensure that any Assignment meets the Client satisfaction. On very rare occasions when things may go wrong, whether within or beyond our control, we aim to redress the situation immediately, free of charge, and within 30 days from the delivery date of the Assignment by rectifying any errors and doing everything we possibly can to remedy the situation. Unfortunately, we cannot accept any responsibility or complaints for any Assignments after 30 days. Requests for changes and complaints beyond 30 days from delivery date, will need to be made in writing to customer department at the office address above and may be reviewed at the Provider’s discretion free of charge or at a fee. All outstanding payments will still need to be made regardless of whether a complaint or review is pending. In case the Provider was not able to perform the Assignment to the Client’s satisfaction and after the Provider having been given a chance to rectify the situation, a full or partial refund of the payable amount may be made to the Client. The Provider will not be held responsible for any loss, claim, damage, expense or liability which the Client may have incurred on account of using the Provider’s facilities. The Provider strives to provide the best Assignment to match specific requirements.
CHANGES TO THE TERMS OF BUSINESS
From time to time, we reserve the right to make changes to this Agreement.
GOVERNING LAW
This Agreement shall be governed by the laws of England and Wales. In the case of an unresolved dispute, the adjudication of a court of law in England and Wales shall be used which decision shall be binding and final. Any fees arising from the adjudication process will be borne by the party which court decision favoured against. In case an Agreement exists in the English and another language, the interpretation of the English language Agreement shall be binding.