Terms and Conditions of Business
“Linguist” means translators, interpreters, proofreaders, voice-over artists, copywriters or language consultants whose services are provided by Linguamax Ltd.
“Work” means any translation, interpreting or any other service supplied by Linguamax Ltd.
“Client” means any person or company employing the services of Linguamax Ltd.
1. General Conditions
All orders placed with Linguamax Ltd are on the following Terms and Conditions, which are hereby accepted by the Client.
The order for services constitutes a binding contract with Linguamax Ltd, which shall apply to all dealings between Linguamax Ltd and the Client until superseded by a fresh agreement or varied by the consent of both parties inviting.
Any conditions proposed by the Client which differ from these Terms and Conditions of Business must be specifically agreed by both parties in writing.
2. Completion of Work and Delivery
Any delivery date or dates agreed between Linguamax Ltd and the Client shall be binding only after Linguamax Ltd has had sight of the full text to be translated, and may be subject to amendment in the light of any changes in the requirement made subsequently by the Client.
Dates or periods given for completing work can only be adhered to if agreed by Linguamax Ltd and the Client in advance. Linguamax Ltd cannot be held liable for delays due to circumstances beyond its control and accepts no liability for the consequences of any delay caused by the Client in the completion of work. In this event new dates must be negotiated.
3. Payment Procedures
Prices quoted are exclusive of VAT and delivery charges (other than postage). An additional charge may be made for all expenses incurred by Linguamax Ltd or the Linguist by agreement with the Client.
Payment in full to Linguamax Ltd shall be effected within 14 days from the invoice date. For long assignments or texts, Linguamax Ltd may request periodic partial payments on terms to be agreed.
Accounts are payable in pound sterling or any other currency agreed with the Client and interest will be charged on all overdue balances at a rate of 10% per month.
All cheques should be crossed and made payable to Linguamax Ltd.
Invoice numbers must be quoted on all correspondence, including cheques.
If the Client for any reason cancels work which he has commissioned, charges will be payable for all completed work up to the date of cancellation and for all other costs and expenses, such as preliminary research and enquiries, which may be incurred as a result of such cancellation.
In addition, the terms for cancelling the services of an interpreter or on-site translator commissioned by the Client are as follows:-
- The Client is liable for 50% of the fee + expenses if he cancels his order within the period of 2-4 weeks before the due date.
- The Client is liable for 100% of fees + expenses if he cancels his order less than two weeks before the due date.
Linguamax Ltd will use all reasonable endeavours to ensure complete confidentiality of the material entrusted to it for translation or interpreting and shall not disclose or use these confidences to the disadvantage or prejudice of the Client.
All original materials will be returned upon Client’s specific request. Translated material may be stored, however, by Linguamax Ltd or the Linguist as hard copy or in any other form for a period of time unless the Client instructs us otherwise.
Linguamax Ltd will endeavour to provide Linguists whose qualifications and experience will suit the requirements of the Client and will make every reasonable effort to check the accuracy of the final translation before offering it to the Client.
If the Client instructs Linguamax Ltd to carry out urgent work and a short deadline does not allow sufficient time for the Linguist to proof-read his/her own translation or research difficult or technical terms, Linguamax Ltd will not be held responsible for errors found in the translation.
Every effort will be made to ensure the accuracy of work. However, in the event of any error or omission, liability to the Client will be limited strictly to the contract price for the work.
No liability can be accepted for scanning or typesetting errors, which appear in published versions of the translation supplied by Linguamax Ltd.
The Client should notify Linguamax Ltd of any complaints in respect of any services within 30 days of receipt of the work by the Client. This does not preclude the obligation to settle accounts upon their presentation.
7. Illegal Matters
Linguamax Ltd shall not be required to translate or deal with any matter, which in its opinion is or may be of an illegal or libellous nature. In cases where copyright applies to texts, which are to be translated by Linguamax Ltd, it is presumed that the Client has obtained all consents necessary for the translation to be carried out.
Linguamax Ltd shall be fully indemnified by the Client in respect of any claims, proceedings, costs (including but not limited to legal and expert costs) and expense arising out of any matter translated or otherwise dealt with for the Client, which is libellous or amounts to an infringement of copyright, patent or design or other third-party right, including but not limited to, contravention of the Data Protection Act 1998 and the Human Rights Act 1998.
Linguamax Ltd reserves the right to sub-contract any document to a contractor of its choice to meet the Client’s requirements, unless expressly stipulated otherwise by the Client.
If the commissioned translation is intended for publication, it is recommended that the work is proof-read by a subject specialist who has the necessary competence. At the request of the Client this can be arranged by Linguamax Ltd at an additional cost.
The Linguist shall be under no obligation to indicate or correct errors or omissions in the Client’s original material. Linguamax Ltd will not assume liability for conversions from one system to another, for the translation of abbreviations or the transcription of proper nouns from one script to another.
10. Copyright in Translations
For texts, which are published and sold in the open market, in the absence of a specific written agreement to the contrary, copyright in the translation remains the property of the Translator. Where the translation is known by Linguamax Ltd to be intended for publication, it is agreed that the Translator grants to the Client a licence to publish the translation on a single occasion, in consideration of the agreed fee and when this has been paid. Where copyright is assigned, this is likewise effective only on payment of the agreed fee in full. Where work on a translation is started but the translation is not completed, copyright in the incomplete translation remains the property of the Translator, and the conditions applicable to assignment of copyright and those applicable to the grant of a licence to publish shall be as specified above in relation to a completed translation.
Where documents, advertising and promotional material are to be used for normal business purposes, it is accepted as standard business practice that payment of the fee to the Translator automatically transfers to the Client in perpetuity all rights in the text, including copyright and the right to amend, and the Translator shall have no further claim on the Client in respect of the translation unless otherwise agreed in writing.
Where the Translator retains the copyright, unless otherwise agreed in writing, any published text of the translation shall carry the following statement © (English, etc) text (Translator’s name) 2………, as appropriate to the particular case.
These conditions shall be interpreted in accordance with English law.
The courts of England and Wales shall have exclusive jurisdiction to determine any dispute or difference between the parties touching, concerning, or arising out of this Agreement.
Notwithstanding the matter set out in Clause 11 hereof, before referring any dispute or difference to the Courts of England and Wales, the party shall use reasonable endeavours to resolve the same amicably, and either party shall have the right to request the other party to submit to mediation by a neutral third party any such dispute or difference. If the other party agrees to mediation, the costs of such mediation shall be borne equally between the parties and, in the event that the parties cannot agree on a suitable mediator, although they are agreed in principle that mediation is an appropriate course to take, they may request the chief executive of CEDR to nominate a suitably qualified mediator from its panel of accredited mediators to act. Alternatively, the parties may agree, following the issue of court proceedings to seek to transfer the matter to the Central London County Court business list in order to participate in its mediation scheme, or to some other court which has a similar scheme, or is able to direct that the matter be dealt with under the Central London County Court Business List mediation scheme.
13. Third Party Rights
Nothing in this agreement is intended to confer any right upon any third party, whether by reason of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
No waiver or forbearance by Linguamax Ltd in respect of any obligation of the client pursuant to these Terms and Conditions, shall operate as a variation of the contract.
The Client shall not, during or for a period of two years after any assignment with Linguamax, knowingly approach any person who had carried out work on behalf of Linguamax within the last two years with a view to employing that person under a contract of service or a contract for services, or using their services on a freelance basis to perform duties similar to those which they have carried out for Linguamax, unless the Client shall have first obtained prior written approval of Linguamax. The client recognizes that breach of this provision may give rise to legal liability.