Sales Terms & Conditions
Client: Refers to the person or organization requesting services.
Service Provider: Refers to Phillip Ross.
Order: Refers to the work requested by the client
Quote: Refers to the quote issued by the Service Provider for the service(s) requested by the client
1. Application of Terms and Conditions
All orders placed by the Client imply full acceptance of these terms and conditions. No other terms will take precedence over these terms and conditions unless stated in writing before the commencement of a project and the Service Provider accepts those terms. The Client accepts that execution of any service by the Service Provider will be governed by these Terms and Conditions.
2. Quotes & Orders
No order submitted by the client shall be deemed to be accepted by the Service Provider unless and until the Client has signed and accepted the quote and the Service Provider has agreed to undertake said work.
Each order placed by the Client will be preceded by a free quote issued by the Service Provider based on the documents and information provided by the Client.
The quote shall include:
- The number of characters to be translated from the source text (calculated with software).
- The rate charged per character.
Or, in the case of proofreading, the rate charged per hour.
- The language pair.
- The date of delivery.
- Any discounts to be given based on document analysis by Studio Trados and the Service Provider’s rates for matches of words/sentences to the translation memories provided by the Client on a percentage basis.
- Any special rates applied because of urgency, specific research, or any other service that goes beyond the services usually provided by the service provider.
- The format of the source text.
- The format of the target text.
- The total cost of the services to be executed by the Service Provider.
The Service Provider will only commence work on a project after the Client has signed and returned the unaltered quote via Email. The Service Provider will commence work on or after the Start Date stated in the signed, unaltered quote. The quote is valid for the period stated in the quote (generally 60 days from creation).
No work or services will be provided outside of what is stipulated in the quote.
Additional work, such as the addition of text to the source document, formatting, editing, etc., requires the Client to sign a separate quote for said services. The Client agrees not to add any additional work to a project after signing the initial quote without contacting the Service Provider and requesting a quote for the additional work.
The Service Provider reserves the right to adjust rates based on the additional volume of work estimated or requested.
In the absence of the Clients acceptance of a quote, the Service Provider reserves the right not to commence work.
Any discounts or rebates offered to the client only apply to the service of the respective quote and are not applicable to future services.
The client accepts that any characters embedded in illustrations, images, photographs, diagrams, figures, graphs, charts, tables (including all file types such as PNGs, JPEGs, TIFs, PDFs, etc.) that cannot be read by Microsoft Word or Studio Trados will not be included in the character count and are therefore not subject to translation unless otherwise implicitly requested for by the client.
3. Payment and Additional Fees
Payment for services shall be paid in full to the Service Provider no later than 30 days from the date of invoice. Payments shall be made via one of the payment methods stated on the invoice.
Late payments will incur a cumulative monthly penalty of 20% of the entire sum in question without any formal notice being required. In the case of late payment, work on any other orders of the Client currently in progress will cease immediately until payment is received in full. Translations will remain the property of the Service Provider until payment has been received in full. The Client also relinquishes copyright of the translation until payment has been received in full. In the event that the Client is paying for services in installments, failure by the Client to make any payment on or by the due date shall render the whole sum outstanding immediately due and payable.
Upon informing the Client, the Service Provider reserves the right to charge additional fees in the following cases:
- If the Client modifies the documents after the Service Provider has provided the initial quote.
- If additional documents are added to the project initially quoted for.
- If the Client requests additional services for the project initially quoted for by the Service Provider.
The rates for additional documents and services may differ from the rate of the initial document quoted for by the Service Provider. Any discounts offered by the Service Provider for one project do not apply to any future services requested for by the Customer.
Long assignments or texts may require periodic partial payments on terms agreed to by the Service Provider and Client.
Long assignments or texts may be subject to a deposit. In the event a deposit is required, the total sum of the deposit will be stipulated in the quote. Work will only commence once the deposit has cleared.
If the Client wishes to cancel a project after the Service Provider has commenced work on said project, the Client is to notify the Service Provider at the earliest possible opportunity. The Client shall pay the full sum for the work completed and half (50%) for the uncompleted work.
The Client agrees that all forms of electronic communication including Emails, faxes, copies, are considered proof of translations, and that electronically and non-electronically signed quotes are proof or order confirmation.
7. Liability and Indemnity
The client agrees to indemnify and hold the Service Provider harmless from and against any and all losses, claims, damages, expenses, and liabilities (including attorney’s fees) of any kind.
The Service Provider shall not be liable for any errors not corrected by the Client or any amendments or modifications made by the Client to proofs or text submitted for approval to the Client by the Service Provider. The Service Provider shall not be liable for the Client using the provided services for purposes other than purposes specified to the Service Provider in writing.
The Service Provider will make every reasonable effort to adhere to deadlines for services stated in quotes. However, any dates quoted for the completion of work are approximate. The Service Provider shall not be liable for direct or indirect harm to the Client or Third party resulting from late delivery. The Client shall not be entitled to withhold payment for services in the event the completed work is not delivered by the Service Provider on or by the date quoted for completion.
8. Changes by Others
The Service Provider shall have no responsibility whatsoever for any changes to translations/text made by persons other than the Service Provider.
The Service Provider agrees treat all Client information as secret and confidential and not to disclose any information relating solely to the Client that is not in the public domain except with the Client’s consent.
The Service Provider shall not be liable for any breach of confidentiality outside of the Service Provider’s control, especially if the information is intercepted or used by a third party during the transfer of data over the Internet.
If the Client has a preferred method of data/information transmission, the Client shall specify the transmission method before the provision of services or at the time the order is placed to ensure the confidentiality of any sensitive information.
In the event that the Client decides to cancel, suspend, or postpone a commissioned service, the Client shall notify the Service Provider without delay.
In the event that the Client cancels a commissioned service, the Client will be liable to pay for all work carried out by the Service provider up to the cancellation date. The Service Provider will invoice the client for all work costs and incurred expenses that arise up to the date of cancellation.
In the event that the Client decides to suspend or postpone a commissioned work, the Client will be liable to pay for all work carried out by the Service provider up to the suspension/postponement date. The Service Provider will invoice the client for all work costs and incurred expenses that arise up to the date of suspension/postponement.
In the event of force majeure (including, but not limited to, an act of God, war, civil commotion, fire or flood, pandemic, earthquake, terrorism, utility shortage, outage or curtailment), the Service Provider shall inform the Client without delay. The occurrence of force majeure entitles both the Service Provider and Client to withdraw from the work being undertaken. Nevertheless, the Client agrees to pay the Service Provider for all work completed.
11. Corrections and Disputes
In the event that there is a disagreement regarding the work undertaken by the Service Provider (e.g. mistranslation, misspelling, grammatical errors, etc.), the Client must notify the Service Provider without delay. The client has 14 days from the date of delivery to raise a dispute. Once this period has expired, the service shall be considered completed and no claims may be made. The Service Provider reserves the right to correct mistakes or phrasing in cooperation with the Client without penalty. If the Client decides corrections are required after 14 days from the date of delivery, all corrections will result in additional charges at the prevailing proofreading rate.
12. The Service Provider’s Obligations
The Service Provider agrees to provide a translation that is as faithful as possible to the source text, using the information provided by the customer. The Service Provider shall not be held liable for any inconsistencies, or ambiguities in the source text.
13. The Client’s Obligations
The Client shall provide the Service Provider with source texts that have already been check for error or inconsistencies. The Client shall also provide all technical information and terminology required to translate the source text. If the Client fails to provide the relevant information required to translate the source text, the Service Provider shall not be held liable if the translation does not conform to the Client’s standards or if delivery is late.
14. Intellectual Property
The Client warrants that it has permission to request the translation of a text, and that the service does not infringe on any third-party rights. Therefore, the Client must be the author of the source text or have obtained written permission to have the text translated from the party holding the copyright to the document. If the Client does not have permission for the text to be translated, under no circumstances shall the Service Provider be liable for any infringement on the rights of a third party or the violation of any regulations.