Term and conditions for translations
In submitting a request for translation services, any individual or corporate body (hereinafter referred to as “the Client”) enters into a binding agreement with Galaxy Language Solutions (hereinafter referred to as “the Translation Service”), said agreement being covered by the following terms and conditions:
- » When commissioning a translation, the client shall indicate clearly in writing the intended use of the translation, that is whether it is for information purposes only, for printing or publication, for advertising purposes, for contracts, insurance, patent proceedings or any other legal purposes, or whether it is for another purpose where the particular rendering of the text is liable to be of consequence. It will not be assumed by the Translation Service that a translation is to be used for the same purpose for which the source text submitted for translation was originally written.
- » Where the purpose of a translation is not disclosed to the Translation Service, the Translation Service shall execute the translation to the best of its judgement in accordance with one of the purposes specified under 1.1 as if its purpose had been disclosed. The Translation Service shall indicate the purpose for which the translation was supplied.
- » The cost of the translation shall be determined in accordance with the appropriate scale of charges of the Translation Service applicable to the particular type of translation required.
- » Should the Client later wish to use the translation for any purpose other than that for which it was originally supplied, the Client shall obtain confirmation from the Translation Service that the translation is suitable for the intended new purpose. The Translation Service reserves the right to amend and adapt the previously supplied translation to the new purpose, if necessary, and to charge the Client for such work.
- » In the event of the use of the translation by the Client for a purpose other than that for which it was supplied, the Client shall not be entitled to any compensation by the Translation Service, and the Client shall indemnify the Translation Service against any loss arising as a result to the Translation Service, in goodwill or otherwise.
- » Verbal estimates and those rates set out in the Translation Service’s price guide are given for guidance only. They are not binding on the Translation Service and are subject to written confirmation by the Translation Service upon consideration of the type and purpose of the interpreting assignment.
- » Where VAT is chargeable, it shall be additional to the fee. All expenses incurred by the interpreter in the undertaking of the interpreting assignment will be charged at cost to the Client upon submission by the Translation Service of the interpreter’s receipts. The Translation Service will charge for the interpreter’s mileage expenses, if travel is by car, at the rate of 45 pence per mile, or for standard class rail or air travel as appropriate. Agreement will be reached between the Translation Service and the Client before the interpreting assignment is undertaken, with respect to payment of accommodation costs and any other expenses the interpreter is likely to incur in undertaking the interpreting assignment. Where the Client provides meals for an interpreter, no sustenance charges will be made nor will the travelling expense of an interpreter be charged to the Client if the Client supplies the relevant travel tickets to the Translation Service at least 10 working days in advance.
Completion of work
- » Should the interpreter be unable for any reason to attend the event or meeting at which he or she was due to undertake the interpreting assignment, the Translation Service shall alert the Client at the earliest opportunity and shall endeavour to provide a substitute interpreter.
- » Late delivery shall not entitle the Client to withhold payment for work done, unless the delivery date was disclosed by the Client as being a material part of a Commission in advance of the Commission being accepted by the Translation Service.
- » The date agreed between the Translation Service and the Client for delivery of the work is agreed on the basis that the Client provides the original text to the Translation Service on or before the agreed date for receipt of the original text. If the original text is not received on or before the agreed date, the Translation Service reserves the right to alter the date of delivery of the translation accordingly..
- » The Translation Service reserves the right to sub-contract all or part of the documents to a contractor of its choice.
- » Delivery of a translation is deemed to have taken place on faxing, emailing, posting or delivery to a carrier, as the case may be, and the risk shall pass to the Client.
- » In cases where the Client provides the Translation Service with a very short timescale to complete a Translation, the Translation Service will not have the time to undertake the normal checking and editing procedures. The Translation Service cannot be responsible for any loss caused by errors which would have been picked up during the normal checking procedures and the Translation Service will advise the Client of this in the Work Order at the time the Translation is commissioned.
- » In the event of Force Majeure, the Translation Service shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both the Translation Service and the Client to cancel the order, but in any event, the Client undertakes to pay the Translation Service for any work already completed or any expenses already incurred by the interpreter. If appropriate, the Translation Service will assist the Client to the best of its ability to place the order elsewhere.
- » Force Majeure shall be Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War, computer or equipment failure or any other situation which can be shown to have materially affected the Translation Service’s ability to deal with the order from the Client.
- » If the interpreting assignment is commissioned and subsequently cancelled, the Client shall pay the Translation Service a compensatory sum to be agreed between the parties which shall not be less than the costs incurred by the interpreter at the time of cancellation. It should be borne in mind by the Client that if the assignment is cancelled at very short notice, the interpreter may be unlikely to find alternative work on the dates agreed for the interpreting assignment (and may have had to turn down other work in order to be available for the interpreting assignment) and the Client may therefore be liable to pay all or some of the interpreter’s fees for the days of lost work involved.
- » The Translation Service shall be relieved of all liability in respect of obligations incurred to the Client that it cannot fulfil for reasons beyond its control.
- » The Translation Service 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 the Translation Service against all claims and demands upon the Translation Service for any such consequential loss or damage.
Complaints and disputes
- » Any complaint in connection with the work carried out by the interpreter shall be made by the Client to the Translation Service (or vice versa, as the case may be) within five days of the last day of the interpreting assignment. If the parties are unable to agree, the matter may be referred to the Arbitration Committee of the Institute of Translation and Interpreting (London, UK) for arbitration within a time limit of two months from the date on which the original complaint was made. By the application and acceptance of these Terms of Business, it is implicitly agreed a priori that the decision of the Arbitration Committee shall be final and binding on both parties.
- » Unless specifically agreed otherwise in writing, any disputes not dealt with as in 7.1 shall be settled according to English law in the English courts.
- » Payment in full to the Translation Service shall be made within 30 days of the date of the invoice. For long assignments the Translation Service may request periodic partial payments on terms to be agreed.
- » The Translation Service will exercise its statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment legislation if it is not paid according to its agreed credit terms.
- » The Translation Service and its interpreters shall at no time disclose to any third party any information acquired either during the interpreting assignment itself or from any documents provided for the use of the interpreter during the assignment, without the express authorisation of the Client. The Translation Service and its interpreters are responsible for the safekeeping of the Client’s documents, including copies, while these are in the Translation Service and its interpreters’ keeping, and shall ensure their secure disposal.
Use of translators
- » No Client shall use the services of a Translation Service translator other than by submitting the work to the Translation Service, within twelve months of using the translator’s services through the Translation Service.