Terms of use

In submitting a text for translation into the languages of CIS countries – Armenian language, Azerbaijan language, Belorussian language, Kazakh language, Kirghiz language, Moldavian language, Russian language, Tajik language, Turkmen language, Ukrainian language, Uzbek language or submitting any other Project to be carried out by the Company, the Client enters into a binding agreement with this Company covered by the following terms and conditions:

Definitions/General

• «The Company» means Freelance Translation Studio. «Project» means any translation or any other work undertaken by or any other services supplied by the Company. «Client» means any person or corporate entity to which the Company shall supply work.
• In the event of any conflict between any part of the contract between the Company and the Client, the documents constituting the agreement between the parties shall have priority in the following order:
• Signed service level agreement (if any) entered into between the parties.
• The Contract shall come into force on receipt of your purchase order, confirmation of a quotation or any other such confirmation by you for us to go-ahead with the Project and on the commencement of the Project to be provided by us.
• The Contract will be subject to these Terms and Conditions. All terms and conditions appearing or referred to in the order or otherwise stipulated by you shall have no effect.
• Quotations are given on the basis of your description of the source material, the purpose of the translation and any other instructions. Such quotations may be amended at any time if, in our opinion, the description of the source materials, instructions or any other element is materially inadequate or inaccurate.
• These Terms and Conditions apply to all Project provided to you.

Price and Payment

• Unless otherwise stated, prices are in sterling (GBP) and are exclusive of value added tax and any other tax or duty. We shall invoice you for all appropriate taxes and expenses for which we are liable to collect. The Client shall be liable to pay any penalties or interest on such taxes which are payable by us as a result of your delay in paying such taxes.
• Where the work is being provided in stages and/or over a period of time of more than 60 (sixty) days, we reserve the right to invoice you upon completion of each stage of the work or at monthly intervals.
• Failure to pay any invoice in accordance with the foregoing terms or other terms specified in the Contract shall entitle us to suspend further work both on the same order and on any other order from you without prejudice to any other right we may have.

Completion of Work

• Whilst the Company has a very good reputation for prompt delivery and will always endeavour to meet deadlines, dates or periods for completion of Project are only best estimates and the Company is not liable for the consequences of any delay for any reason whatsoever. In particular, the Client should be aware that the Company cannot be held responsible for delays or information degradation associated with any breakdown whatsoever caused by failures on the Client’s servers or telecoms’ systems, or the Company’s servers or telecom’ systems which are outside the control of the Company and which are known to occur from time to time.
• The Client must specify a completion date (if material) when commissioning the Project, but whilst the Company shall make every reasonable effort to meet the Client’s requirements, late delivery shall not entitle the Client to withhold payment for Project done.
  A Project will normally be despatched to the Client by electronic mail as an electronic file (Word, rtf, pdf, etc). In the event that the Client requires the Project to be supplied in hard copy by post, the Company cannot be held responsible for delays in supply or for any failure in the fulfilment of supply caused by the postal system.
• Should completion of the Project be necessary sooner than the normal time required for its proper production, Freelance Translation Studio reserves the right to charge supplementary urgency rates to cover any overtime requirements or additional expenses.
  Freelance Translation Studio accepts no liability for the consequences of any delay in completion of the Project caused by the Client and in this event any agreed deadlines or delivery schedules will automatically cease to be valid and new dates must be negotiated.
  Freelance Translation Studio reserves the right to sub-contract all or part of the Project to a contractor or contractors of its own choice.
  With regards to certified, legalised, notarised or any other form of ‘official’ translation Freelance Translation Studio expects the client to meticulously check the translation provided in electronic form before the Company will release any hard copy documentation for use. Any amendments, changes, corrections etc will be checked by the Company and it’s linguistic professionals and then, if acceptable and agreed, the document will be updated. This process may involve numerous rounds of checking and input by the client.

Cancellation and suspension

• If the Client, for any reason, cancels the Project which he or she has commissioned, charges will be payable for all completed Project up to the cancellation date and for all other costs and expenses (including preparatory work and time to enable the Work) which may occur as a result of such cancellation.
• If the Client suspends or postpones the Project he or she has commissioned, charges will be payable for all commissioned Project up to the date of suspension or postponement and for all other costs and expenses which may occur as a result of such suspension.
  Any termination of the Contract shall not prejudice any rights or remedies which may have accrued to either party.

Delivery

• The Company will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform or if any delay or failure is due to late delivery or performance or non-delivery or non-performance by suppliers or subcontractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, industrial action, hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond our control or of an unexpected or exceptional nature.
• Delivery is deemed to have taken place on posting, faxing or electronic delivery to a carrier, as the case may be, and the risk shall pass to the Client.
  However, the Company will retain a copy of the translation and, should there be any loss or damage, will forward a further copy free of charge.
• When the Client requires the Company to utilise a third party such as but not limited to a Notary Public, Solicitor, or the Foreign and Commonwealth Office, the Company cannot be held responsible for any delay in delivery or non-performance of these third parties.

Responsibility and Liability

• The Company shall be relieved of all liability for obligations incurred to the Client wherever and to the extent of which the fulfilment of such obligation is beyond its control.
  A complaint by the Client in respect of any Project shall be notified to the Company in writing within five (5) days of the receipt of the Project by the Client. Following completion of a project, the Company agrees to rectify at no charge to the client any inaccuracies, errors or omissions which are at the fault of the Company. Our liability will be no more than to rectify any such alleged inaccuracies, errors or omissions that we feel to be justified, to our satisfaction. The Client shall always give the Company the opportunity to make right any alleged issues within the translation. At no time will such allegations delay payment.
• The Company shall not be liable to the Client or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit, business, contracts, revenue, damage to reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever) resulting from the use of translated material which exceeds the contract price for the Project supplied, and the Client shall indemnify the Company against all claims and demands upon the Company for any such consequential loss or damage.
• Unless otherwise and expressly agreed by the Company in writing, the Client shall not, for a period of five years after termination of the Contract, either directly or indirectly, on your own account or for any other person, firm or company, solicit, employ, endeavour to entice away from the Company or use the services of a translator, interpreter or other language professional who has provided the Project to the Client on behalf of the Company under the Contract. In the event of a breach under this clause, the Client agrees to pay the Company an amount equal to the aggregate remuneration paid by the Company to the Translator, Interpreter or other language professional for the 3 years prior to the date on which you employed or used the services of the Translator, Interpreter or other language professional.

Illegal Matters

• The Company shall not be required to translate any matter which in its opinion is or may be of an illegal or libellous nature. Where copyright exists in texts to be translated by the Company, the Client warrants that it has obtained all consents necessary for such translation to be made.
• The Company shall be indemnified by the Client in respect of any claims, proceedings, costs and expenses arising out of any libellous matter printed or published for the Client, or any infringement of copyright, Intellectual Property Right, patent, design or third party right. This list is not exhaustive.

Data Protection

• Each party shall ensure that in the performance of its obligations under these Terms and Conditions it will at all times comply with the relevant provisions of the Data Protection Act 1998.
  The Company acknowledges that if we are required to process any data in the course of providing the Work we shall do so only on Client instructions.

Miscellaneous

• If any provision of these Terms and Conditions is or becomes invalid or unenforceable it will be severed from the rest of the Terms and Conditions so that it is ineffective to the extent that it is invalid and unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable or be otherwise affected.
  A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
• Nothing in these Terms and Conditions or the Contract is intended to or shall operate to create a partnership or joint venture between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Jurisdiction

• These conditions shall be interpreted in accordance with English law and the Company and the Client irrevocably submit to the exclusive jurisdiction of the English Courts.