A person (the Client) providing a text for translation by Teknos Translations Ltd (Teknos) enters into a binding agreement with Teknos, covered by the following terms and conditions. It should be noted that Teknos may, in the normal course of business, sub-contract translation work to qualified professionals (Agents).
1. INTENDED USAGE
1.1 All work will be translated to an adequate standard for information,
understanding and use in general correspondence.
1.2 The Client must confirm in writing if the translation is intended for a purpose
which requires a higher level of accuracy and proof-reading, for example: i)
printing, publication, advertising, ii) tenders, contracts, insurance, patents
and other legal documents, iii) any other purpose where the specific wording
and terminology of the text is liable to be of consequence.
1.3 If the Client does not notify Teknos of the purpose of a translation, the
translation will be carried out to a professional standard for general purposes
only.
1.4 If there is any uncertainty or ambiguity in a piece of text, Teknos undertakes
to notify the client who will then be responsible for its resolution. Subsequently,
Teknos will not accept any liability for lack of advertising or sales impact
or other resulting loss.
1.5 If the Client requires further proof-reading or post-editing of a document
which has already been translated and submitted by Teknos, a further charge will
be made.
2. PROFESSIONAL STANDARD
2.1 Teknos will provide an accurate and idiomatic translation of the Client's
original text but cannot guarantee that it will meet the subjective preference
of the Client. However, Teknos will use any special terminology provided
by the client in the form of a bilingual glossary.
2.2 When work is carried out to a tight deadline which precludes thorough checking
and editing by the translator, Teknos accepts no liability for the standard of
translation supplied. Similarly, if the urgency of the work requires it to be
split between translators, Teknos cannot guarantee consistency in terminology
except for that expressly covered in a glossary provided by the client.
3. QUOTATIONS
3.1 Verbal quotations are intended to serve only as a guide and should not
be considered to be final or binding.
3.2 Charging is normally on the basis of number of words in the source language
(see Section 9 - Payment).
3.3 A final quotation will only be supplied following inspection of the text
for translation and will be confirmed in writing if required. A written quotation
will remain valid only on the day of issue unless stated otherwise.
3.4 All quotations will refer exclusively to the cost of translation (excluding
V.A.T) unless expressly stated otherwise in writing. Special needs, such as strict
formatting requirements, may incur a surcharge.
4. COMPLETION OF WORK
4.1 Teknos will normally commence work after receipt of a valid purchase
order or written confirmation from the client. For new or private customers,
credit card details or payment security may be requested.
4.2 The Client will provide a clear indication of the delivery requirements for
the completed work.
4.3 Whilst Teknos will make every reasonable effort to meet the Client's requirements,
unless otherwise agreed in writing, any dates/times agreed by Teknos for delivery
should be regarded only as an estimate and Teknos will not be liable for any
damage or loss, whether arising directly or indirectly out of failure to meet
such a date/time.
4.4 Unless otherwise agreed in writing, late delivery will not entitle the Client
to withhold payment for work completed and submitted.
5. DELIVERY
5.1 Delivery of a translation shall be deemed to be the date/time of return by facsimile, modem, E-mail, posting or courier, as agreed with the Client.
6. FORCE MAJEUR
6.1 In case of Force Majeur (any situation outside the control of Teknos, which can be shown to have materially affected its ability to deal with the work as agreed), Teknos will notify the Client without delay, indicating the circumstances. Force Majeur will entitle both the Teknos and the Client to withdraw from the agreement but, in any event, the Client will pay Teknos for work already completed and submitted up to the occurrence of Force Majeur. Teknos will, to the best of its ability, assist the Client in placing any work outstanding elsewhere.
7. LIABILITY
7.1 Teknos will be relieved of any liability for obligations to the Client
if the fulfilment of such obligation is prevented by a cause outside its
control.
7.2 Teknos will be liable to the Client for any consequential loss or damage
(including loss of profit) which the latter can demonstrate to be directly due
to professional failure on the part of Teknos, this liability being limited to
a maximum of the cost of the original assignment.
7.3 Teknos will not be liable for any costs incurred by the Client for post-editing
or proof-reading of submitted work by a third party. If the client is dissatisfied
with submitted work for a good reason, Teknos undertakes to carry out any necessary
corrections, so long as these do not result from a change in the intended use
of the translation.
7.4 Teknos will not be liable to any third party which makes use of a translation
originally supplied by Teknos.
7.5 Teknos will not be under any obligation to correct or indicate any errors,
omissions or inaccuracies found in the text of a document submitted for translation,
but may draw these to the Client's attention, particularly if they impact the
accuracy of the translation.
7.6 The Client will be responsible for checking any figures and/or codes reproduced
in a translation.
7.7 Any special documentation sent to Teknos will be handled by Teknos at the
Client's risk. Teknos accepts no liability for loss of or damage to any such
documentation.
8. PAYMENT
8.1 Excluding minimum charge assignments, fixed cost work or work carried
out and charged at an hourly rate, the charge for a translation will be based
on the number of words in the source language, generated by the software
program in which the translation has been produced, and will normally be
quoted in Pounds Sterling per thousand words.
8.2 Any word count provided prior to completion of an assignment should be taken
as an estimate and will not be considered binding unless a written quotation
has been required. The basis of such a quotation will normally be the number
of words in the source language, adjusted by a language conversion factor provided
by the Institute of Translators and Interpreters.
8.3 Standard payment terms are 30 days net, unless agreed otherwise in advance.
8.4 Credit card security or payment in advance may be required for new or private
clients.
8.5 A 5% handling charge will be added to the invoice total for all payments
made by credit card.
8.6 Where credit card security has been given and a specific payment deadline
agreed, if the client has not made full payment by the deadline, the invoice
amount plus a 5% handling charge will automatically be debited using the credit
card details supplied by the Client.
8.7 Late payments will be subject to interest charged at a rate equivalent to
5% above the prevailing Bank of England base rate .
9. CANCELLATION
9.1 If any work is cancelled or postponed by the Client after instructions to proceed, the Client will pay for the amount of work completed.
10. ILLEGAL MATTER
10.1 The Client warrants that the required translation does not infringe any copyright or other intellectual property right, does not breach confidentiality and is not libellous.
11. CONFIDENTIALITY
11.1 Teknos and its Agents work under conditions of strict confidentiality regarding all material submitted for translation. If necessary, Teknos will enter a separate Confidentiality Agreement which will also bind its Agents.
12. DISPUTES
12.1 Teknos strives to maintain a professional but friendly relationship
with its clients, and will make every effort to settle any dispute amicably
and in good faith.
12.2 Should the Parties fail to settle a dispute in an amicable manner, it will
go to arbitration. The decision of the arbitration tribunal shall be binding
on all parties involved and shall be final.
13. GOVERNING LAW
13.1 All legal proceedings relating to this Agreement will be subject to English Law.