Conditions of Business (Sales) as at November 2016
1. Translation Services 'Translation Services' means the rendition of a text from one language into another, as requested by the Client.
1.1 Qualifications of Translator Lucy Brooks is a qualified, professional translator, translating only into her native language of English, with experience in the field from which the text has been taken. In certain extremely urgent cases, where a delay would prejudice the Client’s business, and with the agreement of the Client, straightforward and relatively short translations (faxes, memos, e-mails etc.) may be undertaken in-house in the other language direction.
She is a qualified member of the ITI, a Fellow of the CIOL and a Chartered Linguist.
1.2 Technical Subjects If the field from which the text has been taken is a specific technical field, the Client is urged to provide as much background information as possible, in the form of web sites, glossaries, previous material (where such exist) in order to assist the translator in providing a correct rendition of a text. In cases of doubt, Lucy Brooks Translations will seek to clarify a specific technical term or concept directly with the client. The aim of this is to provide a proper and accurate rendition of the original. However it is understood that even an experienced technical translator may not necessarily be familiar with every detail of the subject. Where the translation is destined for publication or for legal purposes, it is recommended that the Client should arrange for an additional expert in the field to check the translation locally for current Client-specific terminology prior to publication. We also urge Clients to provide feedback with regard to specific technical terms so that these can be incorporated into our database of terms.
1.3 General Subjects Where possible, the Client should give Lucy Brooks Translations sufficient background (explanation of business situation, web sites, previous correspondence) to the translation in question to enable the translator to place the text in context. This is particularly important for short translations, where the context is not immediately clear.
2. Delivery dates A date for delivery should always be agreed with Lucy Brooks Translations prior to issuing a translation order. Lucy Brooks Translations employs the services of qualified and experienced free-lance translators. Such people are usually in high demand and often are unable to begin a Client's work immediately. Lucy Brooks Translations will always try to be flexible in order to meet a particularly urgent deadline, but in general Clients should give as much notice of the need for translation work as possible and relevant to the amount of work involved.
2.1 Overdue deliveries Lucy Brooks will keep the client informed in the unlikely event that the agreed delivery date may not be met.
2.2 Force Majeure Lucy Brooks Translations shall not be liable in the event that an event or situation beyond its control occurs that prevents the translation from being delivered by the agreed date. In such an event Lucy Brooks Translations will make every effort to supply the work as quickly as possible thereafter. Force majeure includes power failures, illness of translators, transportation delays, equipment failures (including Internet and e-mail failures) and acts of God such as flood, fire etc. This list is not exhaustive.
3. Delivery Translations are delivered to the client by a method agreed at the time of the order. These may include: attachment to an e-mail, post, file transfer system, by hand, or by fax. Clients are requested to acknowledge safe receipt, particularly of e-mailed translations. However a translation is deemed to have been received by the Client even if it is not acknowledged, unless Lucy Brooks Translations is advised by the Client's server that it was not possible to deliver the message with the attachment. In such cases, Lucy Brooks will telephone the Client, who should make arrangements for an alternative address or method of delivery to be provided.
4. Invoicing system French, German, Spanish into English. Unless agreed beforehand, as a general rule, such translations are invoiced by the number of target words (English). Invoices are delivered by email and clients can access them via their login details.
5 VAT. VAT is applicable to all invoices to Clients based in the United Kingdom. Under the reverse charge system, no VAT is applied to invoices to Clients based in the European Union with a valid VAT registration number, or to Clients outside the European Union. This provision may change in the event of a change in legislation.
6. Liability. While Lucy Brooks Translations uses its quality control procedure to check and recheck translations for accuracy, content and style before delivery, and every effort is made to impart an appropriate style, no liability can be accepted for any inadvertent inaccuracy in the translation, nor for any fine distinctions in tones or grades of vocabulary used, nor writing styles employed. It is understood that a translation is, to some degree, a creative piece of work, and one person may choose a term or style that another person may not like.
7. Confidentiality All texts submitted to Lucy Brooks Translations for translation are handled in confidence, and not divulged to a third party, except at the written request of the originating client. This is in line with the Code of Conduct of both the ITI and the CIOL.
8. Safeguarding Completed translations are kept in Lucy Brooks Translations' archives for a minimum of six months from the date of delivery.
9. Payment conditions Invoices are issued shortly after delivery of a translation and by latest end of the month of delivery, and are payable within 30 days of receipt without reminder. Lucy Brooks Translations reserves the right to apply interest to any outstanding amount after 30 days.
10. Grievances Clients must make known to Lucy Brooks Translations, in writing, any grievance they may have in regard to a translation delivered as soon as they become aware of such grievance. No grievance will be considered until Lucy Brooks Translations has had an opportunity to study the complaint. Lucy Brooks Translations shall not be held liable for any changes made by the end client to translations, nor for any error (such as a typing error) that may be considered extremely minor in nature. Should an error prove to be major in nature (mistranslation etc.), Lucy Brooks Translations reserves the right to call in an independent adjudicator to assess the extent to which such an error might have affected the end client.
11. Property rights and Copyright Completed translations do not become the property of the Client until paid for in full. Lucy Brooks Translations reserves the right to maintain copies of the translation either in whole or in part, in electronic format, for future reference. Such copies are built into a database of professional knowledge and expertise. It is the responsibility of the Client to ensure that the Client has the right to commission the translation of the text sent for translation and indemnifies Lucy Brooks Translations against any breach of copyright law.
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