The services provided by the Translator shall comprise the translation services agreed in writing, electronically or spoken by Translation Services 24 at the time when an assignment is accepted and/or those specified in these terms of business or purchase order. They shall not without express agreement at the time include any additional services.
Copyright in Source Material, and Translation Rights
The Translator accepts a Translation task from Translation Services 24 on the understanding that performance of the Translation task will not infringe any Third Party rights.
Fees: (binding) Quotations and (non-binding) Estimates
A fixed quotation shall be given by Translation Services 24 to the Translator to be agreed when the Translator has received clear and complete instructions in writing, verbally or electronically from the Translation Services 24.
Any fee quoted, estimated or agreed by the Translator on the basis of the Translation Services 24 description of the Translation task may be subject to amendment by agreement between the Parties if, in the Translator’s opinion on having seen or heard the Source Material, that description is materially inadequate or inaccurate.
Any fee agreed for a Translation which is found to present latent special difficulties of which neither party could be reasonably aware at the time of offer and acceptance shall be renegotiated, always provided that the circumstances are made known to the other Party as soon as reasonably practical after they become apparent.
A binding quotation once given after the Translator has seen or heard all the Source Material shall remain valid for a period of sixty (60) days from the date on which it was given, after which time it may be subject to revision.
Costs of delivery of the Translation shall normally be borne by the Translator. Where delivery requested by Translation Services 24 involves expenditure greater than the cost normally incurred for delivery (for example, courier and/or recorded or special delivery), the additional cost shall be chargeable to Translation Services 24. If the additional cost is incurred as a result of action or inaction by the Translator, it shall not be borne by Translation Services 24, unless otherwise agreed.
All fees and allowances shall be freely negotiated and paid in full following receipt of an invoice, not later than 30 days after the end of the event.
Translation Services 24 is not liable for tax payments on behalf of its Translators and all tax payments are the responsibility of the Translator only.
Any delivery date or dates agreed between the Translator and the Translation Services 24 shall become binding after the Translator has received instructions in writing from the Translation Services 24 and agrees to the purchase order.
Unless otherwise specified, the Translator shall dispatch the Translation in such a way that Translation Services 24 can reasonably expect to receive it not later than the normal close of business at Translation Services 24’s premises on the agreed date of delivery.
Confidentiality and Safe-keeping of the Client’s Documents
Translators shall at no time disclose to any third party any information not in the public domain which comes to their knowledge as a consequence of a translation assignment.
The Translator shall be responsible for the safe-keeping of the Client’s Source Material and copies of the Translations, and shall, where necessary, ensure their secure disposal.
If requested to do so by the Translation Services 24, the Translator shall insure documents in transit from the Translator, at the Translation Services 24’s expense.
Cancellation and Frustration
If a Translation Task is commissioned and subsequently cancelled, reduced in scope or frustrated by an act or omission on the part of Translation Services 24 or any Third Party, Translation Services 24 shall except to pay the Translator a fee agreed thereupon.
Neither the Translator nor Translation Services 24 shall be liable to the other or any Third Party for consequences which are the result of circumstances wholly beyond the control of either Party.
The Translator shall notify Translation Services 24 as soon as is reasonably practical of any circumstances likely to prejudice the Translator’s ability to comply with the terms of Translation Services 24’s order, and assist the Translation Services 24 as far as reasonably practical to identify an alternative solution.
Complaints and Disputes
Failure by the Translator to meet agreed order requirements or to provide a Translation which is fit for its stated purpose shall entitle Translation Services 24 to reduce the fee payable for work done by a sum equal to the reasonable cost necessary to remedy the deficiencies, and/or cancel any further instalments of work being undertaken by the Translator. Such entitlement shall only apply after the Translator has been given one opportunity to bring the work up to the required standard.
Such clauses shall not apply unless the Translator has been notified in writing of all alleged defects.
Any complaint in connection with a Translation Task shall be notified to the Translator by Translation Services 24 (or vice-versa) within one month of the date of delivery of the Translation.
If a dispute cannot be resolved amicably between the Parties, or if either Party refuses to accept arbitration, the Parties shall be subject to the exclusive jurisdiction of the Courts of England and Wales. In any event this Agreement shall be construed in accordance with English law.
Responsibility and Liability
The Translation Task shall be carried out by the Translator using reasonable skill and care and the translator confirms that they are adequately qualified and/or experienced to carry out the assignment.
Time and expense permitting, the Translator shall use his or her reasonable commercial endeavours to do the work to the best of his or her ability, knowledge and belief, and consulting such authorities as are reasonably available to him/her at the time.
Any Translation shall be fit for its stated purpose and target readership, and the level of quality specified.
The Translator shall not knowingly, for a period of 6 months from return of the last Translation Task arising from an introduction from Translation Services 24, approach the said Third Party for the purpose of soliciting work, nor work for the Third Party in any capacity involving translation, without Translation Services 24’s written consent.
The legal relationship between the Client and Translation Services 24 shall be governed by British law.
The place of jurisdiction for the settlement of disputes shall be London, United Kingdom.