|
Terms
and Conditions of Business
Definitions
The following words shall have the following unequivocal meanings
in these Terms and Conditions:
“The Firm” means Elizabeth Higgins
Language Services Limited.
“The Client” means the person, firm,
organisation or corporate body to whom or which commissions work
or services from the Firm.
“The Acceptance Note” means the Firm’s
standard pro forma which is to be signed by the Client and such
Acceptance Note shall be deemed to form part of these Terms and
Conditions.
“Order” means the order for the Services
provided by the Client.
“Services” means the language service
provided by the Firm to the Client.
“Translations” means the documents,
files, materials and other items translated by or on behalf of the
Firm and based on the original documents, files, materials and other
items supplied by the Client.
1. Acceptance of Terms
(A) These Terms and Conditions
are deemed to be accepted in the case of a text to be translated
by the Client by virtue of the Client forwarding to the firm a full
copy of the text it requires to be translated, or in the case of
provision of interpreter/conference facilities, language learning
or any other language service, by the signature of the Acceptance
Note.
(B) No variation of these Terms and Conditions is permitted unless
set out in the Acceptance Note and in the event of any conflict
between these Terms and Conditions and any other Terms and Conditions
these Terms shall prevail.
2. Purpose of the Translation
The Client will, when commissioning Translations clearly indicate
the intended use of the translation so as to enable the Firm to
assess its potential liability in relation thereto. The Firm accepts
no responsibility whatsoever for the Translations being used for
any purpose other than that which is expressly made known to the
Firm by the Client.
3. Clearance for Publication
The Client accepts complete and unequivocal responsibility for obtaining
any clearance required in order to publish anything translated (or
any written record made from an language assignment filled by the
Firm) as a result of these Terms and Conditions and will fully indemnify
the Firm in respect of any liability in relation thereto.
4. Urgent Deadline Work
(A) The Firm will use its reasonable endeavours to ensure that any
deadline of which it is advised by the Client is met, but the Client
accepts that the Firm is not responsible for any loss of profits,
business, contracts, revenue, damages or prejudice to reputation
by the Client as a result of any deadline being exceeded or any
work submitted without the Firms usual quality checks due to the
urgency of the assignment.
(B) The Firm will only be responsible for meeting those deadlines
of which it has been advised in advance by the Client and subsequently
agreed to.
5. Copyright
The Client undertakes to keep the Firm harmless from any claim for
infringement of copyright [and/or translation rights and/or any
legal action including any which may arise between legal or physical
persons as a result of the contents of the original text or its
translation] and unless otherwise declared the Client confirms that
it owns the copyright in the original text.
6. Defects in original Text and /or Method of Transmission
The Firm shall not be liable for the consequences of any defect,
error or omission in any text submitted to it, whether such defect,
error or omission relates to words, spelling, grammar, punctuation,
accentuation or any other aspect. Furthermore, the Firm shall be
under no liability to the Client whatsoever in respect of any errors
in transmission by post, telephone, telex, facsimile, electronic
or any other means of communication.
7. Indemnities
The Client shall at all times indemnify and hold harmless the Firm
from and against all claims which may be made against the Firm and
expenses and costs incurred (including legal fees) arising out of
the use of the any material whether written or otherwise provided
by the Client.
8. Fees and Quotations
(A) No quotation will be given without sight of the material to
be translated and any quotation given on the basis of part only
of the work being forwarded may be subject to amendment in the light
of the whole documentation. Furthermore, no quote can be given on
any other linguistic assignment without detailed descriptions, timeframes
and locations.
(B) All quotations shall remain valid for a period of thirty days.
(C) The Firm’s Invoice will be rendered to the Client with
the completed translation or shortly thereafter and payment will
be within thirty days of the Invoice date. Interest will be charged
at the rate of eight per centum above the Base Rate for the time
being of Barclays Bank plc in respect of any unpaid Invoices both
before and after any judgment.
(D) The Firm reserves the right to suspend the provision of services
pending full payment of any or all invoices by the Client.
(E) In exceptional circumstances or for the urgent supply of language
services, the Firm may require, at its own discretion, full or partial
payment of the language service to be made prior to commencement
of the assignment.
9. Cancellation
(A) If a translation is commissioned and subsequently cancelled,
the Firm will forward the work completed at the time of cancellation
to the Client and the Client will be responsible for paying the
total fee based on the work carried out until the time of cancellation.
(B) If an interpreter and/or conference facilities are commissioned
and subsequently cancelled, the Client shall pay all fees payable
by the Firm to any interpreters employed in respect of the work
commissioned or any conference facilities booked or arranged.
(C) If the services of a language tutor or any other linguist are
cancelled less than 24 hours prior to the scheduled commencement
of the lesson or assignment, the full charges agreed to in the Assignment
Agreement shall be incurred by the Client.
(D) All notices of cancellation must be made in writing to the Firm.
10. Approaches to Translators
The Client acknowledges that its relationship with the Firm is fiduciary
and that in the event of a translator , language tutor, interpreter
or any other linguist working for or having worked through the Firm
for the Client is offered, or takes direct employment whether full-time,
part-time or freelance with the Client within six months of having
worked through the Firm for the Client an introduction fee of £2,500
plus VAT or eighteen per centum of the gross starting salary (whichever
is the greater)of the translator or interpreter is payable immediately
by the Client to the Firm.
11. Force Majeure
Neither party shall be liable for failure to perform its obligations
under the Terms and Conditions, if such failure results from circumstances
which could not have been reasonably contemplated and which are
beyond the parties’ reasonable control. These circumstances
are: Late delivery or performance or non-delivery or non-performance
by suppliers or subcontractors, shortage of labour, Acts of God,
fire, exceptional weather conditions, industrial action, war or
civil unrest, governmental order or intervention (whether or not
having the force of law), terrorism, partial or complete breakdown
of the
Firm’s communication and transmission facilities beyond the
Firm’s control.
12. Disputes
(A) Both parties will use all their reasonable endeavours to settle
any dispute relating to the supply of any language service between
themselves.
(B) Correspondence relating to any matter that might constitute
a dispute; material, financial or otherwise must reach the offices
of the Firm within 14 working days.
13. Interpreters
(A) If an interpreter is to be supplied for a conference all documents
relating to that conference shall be forwarded to the Firm in sufficient
time for the interpreter to familiarise himself/herself with the
terminology specific to the conference. No complaints about the
quality of the interpreting can be entertained if these materials
are not made available in advance of the conference.
(B) In the event of sickness or injury to an interpreter immediately
prior to an assignment the Firm will use its best endeavours to
supply a replacement interpreter but will accept no responsibility
for any loss or damage suffered by the Client as a result of any
failure so to do.
(C) The Client agrees that whilst performing his or her duties the
interpreter shall be under the sole direction of the Client and
the safety and well-being of the interpreter shall be the responsibility
of the Client who shall ensure that it has adequate insurance cover
to cover any injuries sustained by the interpreter during the term
of engagement.
14. Conference Facilities
If the Firm is required to supply conference facilities it shall
be the responsibility of the Client to ensure that:
(A) Access to the venue is made available to the Firm in sufficient
time to enable the installation and testing of equipment to take
place and to ensure that said venue is compliant with current Health
and Safety regulations.
(B) The venue is properly set out for the installation of the Firm’s
equipment with any platforms and/or tables in position.
(C) All equipment once installed will remain in place and the conference
room will not be required for purposes which would entail the equipment
being dismantled or re-installed.
(D) Adequate time is made available at the conclusion of the proceedings
for the dismantling and removal of the Firm’s equipment.
15. Risk and Title
All equipment hired to the Client in connection with any conference
venue will remain the sole property of the Firm but the Client shall
be liable for any loss, theft, destruction or damage to the equipment
howsoever arising and shall reimburse the Firm such sums as shall
be necessary to replace any lost equipment or repair damaged equipment.
|
Profile