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Translation Terms & Conditions

1. Definitions

1.1 'Client' means the person, firm, organisation, statutory or corporate body, together with any subsidiary or associated undertaking, for whom Express Translation has agreed to provide the Services pursuant to these terms and conditions of business.

'Services' means translation and other associated services required by the Client and specified on the confirmation e-mail.

'Source Material' means any documents, materials, element of text, images, graphics, photographs, designs, data or other information provided by the Client to Express Translation relating to the Services. 'Deliverable' means the final, translated version of the Source Material or other such document provided by Express Translation to the Client pursuant to and resultant from the Services.

1.2 The headings contained in these Terms are for convenience only and do not affect their interpretation.

2. Supply of Services

2.1 If the Services are booked via telephone or email, the Client shall sign, date and return the Confirmation e-mail to Express Translation to acknowledge the Clientís acceptance of the Services and charges outlined in the confirmation e-mail before Express Translation undertake any work on their behalf. Any changes or additions to the Services or these terms and conditions must be agreed in writing by Express Translation.

2.2 The Client at its own expense shall supply Express Translation with all necessary Source Material within sufficient time to enable Express Translation to provide the Services. The Client shall be responsible for and therefore ensure the accuracy of all Source Material.

2.3 Express Translation may correct any typographical or other errors or omissions in any brochure or other published literature relating to the provision of the Services without any liability to the Client.

3. Intended Usage

3.1 The Client shall clearly indicate the intended use of the translation or other consequence of the Services.

3.2 A translation or other consequence of the Services shall only be used by the Client for information and understanding only, and shall therefore only be of sufficient standard for such use by the Client.

3.3 Should the Client wish to use the Deliverable for any other purpose (including, by way of non-exhaustive examples, for the purpose of external marketing/public domain exploitation or as evidence in civil or criminal proceedings), the Client shall obtain confirmation from Express Translation that the translation is suitable for that purpose. Express Translation reserves the right to Re-charge,amend and adapt any previously supplied translation, if necessary, for the new purpose.

3.4 Where the purpose of the translation is not disclosed, Express Translation shall execute the translation as if it were for information only pursuant to clause 3.2 herein. However, if in Express Translation judgement, the apparent intended purpose is otherwise, Express Translation shall communicate with the Client, whenever possible, before commencing translation in order to clarify the intended purpose

4. Charges and Payment Terms

4.1 Express Translation reserves the right to adjust pricing.

4.2 All prices are gross and due as specified in the confirmation e-mail, as agreed with the Client in writing, otherwise, all accounts are due upon delivery of the Deliverable. The Client shall pay such charges by BACS or over the phone with a credit or debit card, with any charges for such assumed by the Client.

4.3 If the provision of the Services is estimated by Express Translation to take longer than 2 weeks to complete, Express Translation shall be entitled to invoice the Client at fortnightly intervals for the pro-rated part of the total charge payable for the completed Service

4.4 Reasonable additional charges shall be levied by Express Translation for the performance of any or all of the following in connection with the Services:-Sending of facsimile messages, Delivery by courier, Proofreading of any completed translation work prepared by or for Express Translation by a native speaker other than the original translator, Changes or other amendments required by the Client after the completion of the Services.

4.5 Unless otherwise agreed, prices are sterling. If any payment from the Client is returned by the bank as unpaid for any reason the Client will be liable to Express Translation for an administration fee of £30

4.6 Payment of invoices outside these terms will be subject to the remedies contained within the provision of the Late Payment of Commercial Debts (Interest) Act 1998 (as amended and supplemented by the Late Payment of Commercial Depts. Regulations 2002), which includes interest and compensation.

4.7 Where delivery is to be made by instalments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by Express Translation in respect of any one delivery shall not entitle the buyer to repudiate the contract or to cancel any instalments remaining to be delivered thereunder.

5. Delivery

5.1 Any date intimated by Express Translation for delivery of the Deliverable or otherwise as to the completion of the Services is given and intended as an estimate only and time shall not be of the essence in relation to such completion. Express Translation will use reasonable endeavours to meet such an estimated date but shall not be liable for any damage or loss, whether arising directly or indirectly out of its failure to meet such a date.

5.2 In the event of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected Express Translation ability without fault to meet the terms of a contract with the Client as agreed), Express Translation shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both Express Translation and the Client to terminate the Services, but in such event, the Client shall pay Express Translation for any and all work already completed.

5.3 Delivery of the Deliverable to the Client is deemed to have taken place upon posting or delivery to a carrier, or transmission by fax, email, modem or Internet and the risk shall pass to the Client. However, Express Translation will retain a copy of the translation and upon request by the Client will forward a further copy free of charge.

6. Express

Although an Express surcharge will be levied for express Services requested by the Client, because such express translation may preclude the necessary time to check and edit the translation, and result in the use of multiple translators for larger volumes which may result with inconsistencies and inaccuracies, Express Translation shall not be liable for any direct or indirect loss flowing from the accuracy and/or consistency of the Deliverable or other such consequential Express issues.

7. Cancellation

Upon the Client booking the Services in accordance with clause 2.1, the Client shall not under any circumstance other than as set out in these terms and conditions be entitled to cancel the Services.

7.1 Express Translation shall be relieved of all liability for obligations incurred to the Client whenever and to the extent of which the fulfilment of such obligation is prevented by any cause beyond its control.

7.2 Express Translation shall not be liable to the Client or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) and the Client shall indemnify Express Translation against all claims and demands upon the Express Translation for any such consequential loss or damage.

7.3 Express Translation will only accept responsibility for any errors or omissions if a full report stating each and every one of the errors or omissions alleged is submitted to Express Translation in writing. As a result of any error or omission in work undertaken by Express Translation, Express Translation will, as its option, either re-type the work or compensate the Client for the cost of any additional typing or printing up to the amount of the fee charged to the Client in respect of the Services, provided that such fee has been paid to Express Translation and provided the work has been used by the Client for the purpose indicated to Express Translation by the Client. If the Client has not given written notice to Express Translation that the Deliverable is not satisfactory within 7 working days of its delivery to the Client, the Client shall be deemed to have accepted and approved the Services and the Deliverable and Express Translation shall have no liability for any defect in the quality of the translation or their failure to correspond with the confirmation e-mail and the Client shall be bound to pay Express Translation as if the translation work had been satisfactorily supplied. Whilst Express Translation will make every reasonable effort to deliver an accurate translation of the Source Material, the Clientís subjective preferences in determining the accuracy of translation work cannot be accommodated as standard practice in any way whatsoever. Without provision by the Client, in writing, of their own list of terms or glossary of preferred terminology and receipt of the same by Express Translation, Express Translation will not accept liability to undertake revisions or changes to the Deliverable and further the Clientís subjective preferences in rendering of text in any language whatsoever cannot be accepted as reason for dispute or reduction of the final invoice due.

8. Confidentiality

The nature of the work performed and any information transmitted to Express Translation by Client shall be confidential. Express Translation shall not without the prior consent of client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of Express Translation whose job performance requires such disclosure. The provisions of this paragraph shall not apply to the extent that Express Translation is required by law to divulge such information or to the extent that such information is or becomes a matter of public knowledge other than by disclosure by Express Translation. Express Translation will if needed sign a nod disclosure agreement for the client assuming the agreement is sent before the confirmation e-mail is signed by the client.

9. Copyright

Without prior written agreement to the contrary, copyright in the Deliverable shall vest in Express Translation and the Client, upon payment of all outstanding charges to Express Translation for the Services is granted a licence to exploit such translation for its stated purpose only. Unless otherwise agreed in writing, any published text of the translation shall carry the following statement

Translated from (language) by Express Translation, (year)

10. Third Parties

10.1 A person or entity that is not an express party to these terms and conditions (and therefore this agreement) has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of these terms and conditions and Express Translation shall have no liability whatsoever to any such third party.

11. Entire Agreement

11.1 These terms and conditions represent the entire understanding and constitute the entire agreement between Express Translation and the Client and supersede any previous agreement between Express Translation and the Client as to the same subject matter. Without prejudice to the generality of clause 2.1 herein, these terms and conditions may only be varied in writing, executed by duly authorised officers or Express Translation and the Client.

11.2 Each of Express Translation and the Client acknowledges and agrees that in entering into these terms and conditions it has not relied on any representation or warranty or undertaking other than those expressly set out herein and, except in relation to any liability for fraudulent misrepresentation, neither party shall be under any liability or shall have any remedy (including the avoidance of these terms and conditions) to the other in respect of any representation or statement which is not expressly prescribed by these terms and conditions.

12. Governing Law & Jurisdiction

These terms and conditions are governed by and shall be construed in accordance with the law of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales.