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Client Terms of Business

For commissioned translation/interpreting work

• 1. Definitions

      The 'Provider' means experTTranslators Ltd. registered in England and Wales no. 4279604. VAT reg. 782722119. Reg. office 31A Crawford Place, London W1H 4LL, its employees and subcontracted Translators or Interpreters.
      The 'Client' means the customer of the Provider, whether an individual or corporate entity, for whom the service is being provided.
      'Translation' means any written source document provided by the 'Client' to the 'Provider' for translation, editing, proofreading, rewriting, abstracting, adapting, revising, localising, project managing, typing, transcribing and subtitling.
      'Interpreting' means any oral assignment commissioned by the 'Client' to the 'Provider' for simultaneous or non-simultaneous interpreting, voice-overs, consultancy and language teaching.
      'Order' means the Purchase Order signed/accepted by the Client instructing the Provider to perform the service(s). The Order also means the Client signing or accepting the Provider's quotation by any other written confirmation (email, letter or fax) and which forms part of this Contract.
      'Contract' means the Contract between the 'Provider' and the 'Client' constituted by these terms of business.

• 2. Document retention and confidentiality.

      All original source documents submitted to the Provider by the Client remain the property of the latter, and will be held in strict confidentiality by the Provider (see 8, below).

• 3. Linguistic Considerations

      Some languages when translated may use more words. Each translation quotation will be based upon the original document word count and a percentage mark-up may be added to account for significant translated language text words expansion.
      Unless otherwise specified by the client, the target language the Provider is asked to translate or interpret into will be a mainstream language using a vocabulary that does not include dialectual or regional specific words and syntax. Unless a specific dialect or translator qualification/experience is requested by the Client, the Provider will use its discretion in the choice of the most suitable translator or interpreter to match the assignment. A good translation depends amongst other things on a well and clearly written source document. Unless otherwise requested by the Client, the translation will closely reflect the intended meaning of the source document and will not be subject to adaptation, rewriting or editing, except for typographical and obvious common sense errors. The Provider will not be held responsible for unsatisfactory translation work resulting from poorly written and illegible source documents.
      Where the requirement for a translation or interpreting job is needed into or from a rare language or dialect and no qualified linguist is available, the Provider will clearly indicate the lack of qualification on its quote. Should the Client wish to proceed with the job in this case, the Provider will not be held responsible for any unsatisfactory outcome to the translation or interpretation job.
      Where a rush translation or interpreting job is needed for delivery earlier than our standard delivery timescales (around 1500 words per day for translation, minimum two days, and for interpreting, at least 2 days advance notice), the Provider will try his best to deliver a quality product to satisfy the client’s need but may indicate a lack of quality due to rush job constraints on its quote. Should the Client wish to proceed with the job in this case, the Provider will not be held responsible for any unsatisfactory outcome to the translation or interpretation job. The Client will not withhold payment on account of poor quality performance of the translator or interpreter.

• 4. Additional fees

      These are payable by the Client to the Provider in the event of the following:
      a) upon receipt of translation, the Client shall promptly review it and within 30 days after receipt, notify the Provider of any corrections or changes. Any errors made by the Provider, minor modifications and verification of the text will be free of charge within 30 days. Client revisions, amendments, text additions, subsequent adaptation, rewriting or editing requests during or after completion of the translation, including preferences to style, layout or vocabulary where such changes are not required for accuracy will incur additional fees in line with the current quotation price(s).
      b) Further proofreading may be required for translated text due for publishing and may incur extra cost. It is the Client responsibility to notify the Provider that such text is for publishing and requires extra proofreading.
      c) Translations are usually delivered as A4 Word text documents following approximately the same layout as the original. If an exact finished typeset/formatted document is required to reflect the formatting of the original document, we would need the original artwork electronic file (not PDF) to translate straight into it to retain the formatting. With this option, some minimal relaying may be required to accommodate shorter or longer translated lengths of text and we may need to submit a revised quote. Should this original file not be made available, typesetting will only be carried out at the Client's specific request at additional cost.
      d) Extra interpreting and travel hours beyond the hours stated on the Order are charged at quotation rate to nearest quarter hour.

• 5. Deadline

      Subject to the Client delivering the document(s), instructions and signed/accepted Quote to the Provider as agreed and within 30 days from the Quotation date, it is the responsibility of the Provider to ensure that the work reaches the Client by the deadline, complete in chronological format and in the required medium (floppy disc, compact disc, post, courier, fax, email or web upload). Delivery dates are binding only when the Provider has had full sight of the material to be translated. The deadline may be subject to change if any amendment is made to the job (additional text, edited text, holding the job, changes in formatting instructions) after the job has been placed with the Provider. Any deadline adjusted during the course of the project must be confirmed in writing and agreed by both the Client and Provider. Unless otherwise specified, the deadline shall mean up to Midnight GMT on the date specified in the Order. The Provider shall make every effort to complete the service(s) before the deadline, but shall not be held responsible for delays in completion caused by events beyond its control such as postal delays, courier delays, telecom disruptions, internet disruptions.

• 6. Delivery

      Unless otherwise agreed, the Client shall meet the costs of delivering any item(s) to us for translation/interpreting by post, courier or in person (to the specified postal address on our quotation). The client is entirely responsible for ensuring that the item(s) for translation have been delivered and seek acknowledgement. The Client must not assume that the work is being undertaken without acknowledgement from the Provider. The Provider will confirm the number and description of item(s) received and will commence work upon acknowledgement of receipt of the Client Purchase Order listing the item(s) received.
      The Client shall also meet the costs of receiving the completed item(s) back from the Provider by post, courier or in person, unless such delivery is by email, web upload, standard postage or fax. The Provider bears no responsibility whatsoever in case of default on delivery by Royal Mail or any third delivery party, either from or to the Client, in part or in full. The Client will acknowledge receipt of the item(s). In case of default on delivery by any third party. the Provider will endeavour to deliver the item(s) again free of charge by email, web upload, standard postage or fax only. The Client shall also meet the costs of Interpreters' travel time, subsidence and transport fares if any.
  

• 7. Invoicing and payment

      i) All invoices are payable within 30 days (22 business days) from receipt of invoice, or as otherwise agreed in writing. The Provider reserves the right to stop ongoing work and charge interest and admin costs on late payments at the rate of 8% above base rate (or such rate as is determined by UK legislation, the latter prevailing). Relevant bank payment charges to be borne by the Client.
      ii) The Client shall not be entitled to withhold payment of any amount properly payable on account of any disputed claim by the Client in respect of other services provided by the Provider, or any alleged breach of Contract, or any other Contract between the Provider and the Client. The Client shall not be entitled to set-off or otherwise deduct from any amount properly payable to the Provider any monies which are allegedly due from the Provider to the Client.
      iii) The Client shall not be entitled to whithold or delay payment of any amount payable to the Provider on account of any third party withholding payment to the Client.
      iv) In the case of disputes, part-payment will be made in line with normal payment terms, subject to the nature and extent of the dispute.

• 8. Confidentiality

      All information 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 information which is, or becomes, available to the general public, provided this did not result from a breach by the Provider, and terminological glossary entries compiled by the Provider whilst performing the translation service(s). The Client and Provider may agree in writing upon payment of an agreed-upon fee by Client to Provider that such terminological glossary entries shall be the property of the Client and covered by confidentiality provisions of this paragraph. Likewise, the Client shall not disclose to any third party any information relating to the Provider and its work methods without prior written consent from the Provider.

• 9. Certification / Notarization

      i) Photocopies of Originals: Certification is only applicable to translated documents, not originals. experTTranslators will not be held responsible for checking the authenticity of original documents nor will it be held responsible for the translation of copies of originals which have been modified in any shape or form. It is up to the client originating the request for translation to ensure that copies of original documents provided are true and exact copies or originals.
      ii) Errors: To avoid terminology discrepancies in phonetic names/places that can be difficult to translate, a proof will be sent to the Client for verification before stamping the documents. Clients must ensure the proof is thoroughly checked and respond promptly to avoid any delays. Any discrepancies found after the translation is certified and stamped may incur further cost if experTTranslators is required to correct and re-certify the translation.
      iii) Turnarounds specified on our quotes are guaranteed except for events prohibiting experTTranslators from performing the job such as internet downtime, telecommunication disruptions, abnormal weather conditions, acts of war or any other event beyond experTTranslators’ control. Sworn and Apostille certifications are dependent on other providers such as solicitors, notary publics, the Foreign and Commonwealth Office (FCO) performing their service. experTTranslators will not be held responsible on the failure of such providers to deliver on time. Turnaround days specified are business days not including weekends and statutory holidays.
      iv) Payment: It is the responsibility of the Client to ensure that payment reaches us on time for timely delivery of the translation. Credit/debit cards are instantly confirmed. Payments by cheque, Paypal/Moneybookers and Online will be confirmed as soon as payment reaches experTTranslators bank account. Confirmation of the job will start from when payment reaches our account. The client will not be notified if payment has not reached experTTranslators account, in which case, it is the responsibility of the Client to chase payment has been received.
      v) Sending your document: Documents sucessfully sent to experTTranslators by upload or in person will receive instant confirmation. Documents sent by post, email and fax will be confirmed as soon as experTTranslators receives them. The Client will not be notified if documents have not reached experTTranslators for reasons beyond our control, in which case, it is the responsibility of the Client to chase successful sending of documents.
      vi) Delivery methods to the Client are dependent on delivery providers such as Royal Mail, International Couriers, Internet provider, etc. delivering on time. On no account will experTTranslators be held accountable on the failure of such providers to deliver on time. Any complaints regarding failure of such providers to deliver should be directed to the delivery provider quoting their tracking or reference number. We will endeavour to keep to our translation/certification delivery turnarounds to the best of our ability but will not be held responsible for any delays due to events beyond our control. Clients who are sent proofs of translations prior to certification are required to review the translations promptly and inform us immediately of any changes so we are able to proceed same day with the Certification process. Any delays by clients in approving the proofs will result in delays in meeting the quoted delivery turnaround. Collection of translated documents from our offices is between 1pm and 5.30pm Monday to Friday not including statutory holidays.
      vii) Types of certification: CertifiedUK.org is experTTranslators' division which provides 3 types of certfication; Basic Certification, Sworn Affidavit/Notarised Certification, Apostille Certification. For more details about our three types of certification, please go to www.certifieduk.org.
      viii) Discounts are given at the discretion of experTTranslators. Discounts apply to translation/certification charges only and do not include extra services such as faster turnaround and postal charges.

• 10. Title & Copyright

      If an original language text is under copyright, the Provider can only accept a job on the understanding that:
      1. the client has the translation rights from the copyright owner(s) to translate the document, or, 2. the client will be using the translation for private purposes only. The translation of a work into another language is also elligible 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.
      Copyright ownership in the intellectual property of the translation or interpreting is not transferable from Provider to Client until payment has been made in full and contract agreed on the terms & conditions of copyright transfer. In case of payment default, the Provider has no obligation to protect any copyright, trademark, confidentiality or other right of Client with respect of the translation or interpreting. The Provider shall have the right to retain file copies of the item(s) to be translated and of the translation or interpreting transcripts.
      The client shall not hold the Provider and its translator(s) responsible for any infringement of copyright and/or translation rights and for any legal action which may arise from the contents of the original document and/or translation.

• 11. Translators and Interpreters

      The Client undertakes to make no attempt to establish any arrangement independent of the Provider with translators and interpreters contracted to the Provider on this or any related project. Should the Client breach this arrangement, the Client will pay, notwithstanding any other Contract made in breach, all sums actually or potentially due to the Provider under the terms of this Contract.

• 12. Cancellations/Reschedules/Amendments

      For cancelled translation jobs, 50% of the Order total is payable within one business day from the Order date, 100% after one business day from the Order date. For rescheduled/on-hold translations, a £29 re-booking fee becomes payable and added to the invoice to cover the administration costs involved in stopping and reprocessing the translation. Translations which have been put on hold by the Client for whatever reason are allowed a grace period of 5 business days after which the translation must be resumed. Should we not receive instructions to resume the translation within the grace period, the translation will be automatically cancelled and full invoice issued. For cancelled / rescheduled interpreting jobs, 50% of the Order total is payable prior to 5 business days of scheduled interpreting day, 100% within 5 business days prior to scheduled interpreting day. Our translators/interpreters may have had to put off work in view of the work undertaken for you. The cancellation of that work in full or in part (for example if: 1. the stated hours on the Order were cut short, 2. the start time or date was changed, 3. the location was changed to beyond 10 miles from the original location, 4. a special requirement is made not originally specified in the initial order) engenders working time and resources wasted which have to be compensated by the full payment of the invoice. The translated work completed shall be made available to the Client.

• 13. 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. The provider shall also bear no responsibility whatsoever as to any translation or interpreting work carried out by third parties (including other translators/interpreters or agencies) in respect of a work project undertaken and completed by the Provider.

• 14. Indemnification and hold-harmless by Client

      The Client agrees to indemnify and hold the Provider harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable solicitor's fees) which the Provider may incur based on material furnished, prepared or approved by the Client for use by the Provider in the work performed under this Contract.

• 15. Complaints, reviews and refunds

      We aim to provide a flawless service and take every care to ensure that any translation or interpretation job 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 translation or interpretation by rectifying any errors and doing everything we possibly can to remedy the situation. Unfortunately, we cannot accept any responsibility or complaints for any jobs after 30 days. Requests for changes and complaints beyond 30 days from delivery date, will need to be made in writing to customer services at the office address above and may be reviewed at the Provider's discretion free of charge or at cost. All invoices issued will still need to be paid regardless of whether a complaint or review is pending. In case the Provider was not able to perform the job 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 Invoice amount may be made to the Client. The Provider, its translators and interpreters 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, its translators or interpreters services. The Provider strives to provide the best qualified translators and interpreters to match specific jobs, notwithstanding that interpreting jobs are more taxing than translation jobs which puts them at more risk of misinterpretation and errors.

• 16. Unresolved disputes

      In the case of an unresolved dispute in respect of quality, accuracy or payment, the adjudication of a court of law in England and Wales shall be used whose decision shall be binding and final. Any costs arising from the adjudication process will be borne by the party which court decision favoured against. In case a Contract exists in the English and another language, the interpretation of the English language Contract shall be binding.

• 17. Changes to the Terms of Business

      From time to time, we reserve the right to make changes to this Contract.

• 18. Governing Law

      This Contract shall be governed by the laws of England and Wales.