terms & conditions

1. Definitions

a) ‘The Company’ means Word by Word Translations, Ltd

b) ‘Work’ means any translation, interpreting, voice-over, proofreading or any other service supplied by the Company.

c) ‘Client’ means any person, company, firm or entity to whom the Company shall supply, or contract to supply, Work.

2. Application of Conditions

Dealings between Clients and the Company shall be governed exclusively by these conditions. Any conditions proposed by the Client are hereby excluded unless specifically agreed in writing by the Company.

3. Intended Usage

a) The Client shall clearly indicate the intended use of the Work.

b) Otherwise the translation is normally done for information only, which is of sufficient standard for general use and without any regard for the specific circumstances under which the assignment is commissioned by the Client.

c) Should a Client wish to use a translation for any other purpose than that for which it was originally supplied, the Client shall obtain confirmation from the Company that the translation is suitable for the intended new purpose. The Company reserves the right to amend and adapt the previously supplied translation, if necessary, for the new purpose and to make an appropriate adjustment to its fees.

4. Quotation, Prices and Payment Procedure

a) Verbal quotations, if requested, are given for guidance only. They are not binding on the Company and are subject to written confirmation on receipt of the text or other relevant material for translation or written instructions regarding interpretation. Written quotations remain valid for 30 days after despatch. The cost of a translation is based upon the number of words or pages in the original text, and it is subject to minimum charges available on request.

b) Prices quoted are exclusive of delivery charges (other than e-mail, fax or postage) and VAT. An additional charge may be made for all expenses incurred by the Company resulting from meeting the Client’s special requirements, e.g.. registered post, special printing or typesetting, etc. Cost of delivery may also include (at the Company’s discretion) any extra costs incurred by the Company in meeting such special requirements, i.e. suitable delivery methods between the Company’s premises and that of the translator. Any travel and overnight accommodation charges necessarily incurred are charged in addition to the fees or are met by The Client directly.

c) A full day’s interpreting refers to not more than an eight-hour day, including the minimum one hour for lunch. A half-day of interpreting refers to not more than three-and-a-half hours’ duration not spanning the lunch-break. A minimum of one hour is charged on all bookings paid by the hour. Travel time is charged at a minimum of two hours and travel disbursements are charged at a minimum of a one day travel card (UK only). Prices quoted are exclusive of VAT.

d) For overseas bookings: The client must also pay for transport (airfare and ground transportation), accommodation and food. We always try to provide an interpreter that lives as close as possible to the location of the booking although this is not always possible.

e) Cheques should be made payable to Word by Word Translations, Ltd. Payment for Work shall be made within the period indicated on the invoice (30 days). Payment may be requested prior to the commencement of Work. Overdue invoices will be surcharged at 1.5% (cumulative) per month or part of the month.

5. Completion of Work

The company makes every effort to deliver promptly. However, any date agreed by the Company for delivery is given and intended as an estimate only. The Company will make every endeavour to meet such an estimated date but shall not be liable to make good any damage or loss whether arising directly or indirectly out of its failure to meet such date.

6. Cancellation

Translations
If the Client for any reason cancels Work which he or she has commissioned, charges will be payable for all completed Work up to the date of cancellation and for all other costs and expenses which may have been incurred as a result of such cancellation.

Interpreting
When a booking is made for interpreting on a specific date, a cancellation fee will be payable, expressed as a percentage of the fee that would be charged for Work, as follows:
- 100% for notice on day of or after attendance at location;
- No charge for cancellations with more than twenty-four hours notice.
The right is reserved to charge at half the rate for cancellation when the date or time of a booking is changed. Cancellation must be confirmed by e-mail, phone, fax.

7. Storage and Delivery

Translated material may be stored by the Company as hard copy or in a retrieval system for a period of time unless the Client instructs the Company otherwise.

Delivery is deemed to have taken place on posting or delivery to a carrier, or on the completion of an e-mail or fax transmission, as the case may be, and the risk shall pass to the Client. However the Company will retain a copy of the translation for a period of fourteen days and, in the event of there being any loss or damage, will forward a further copy free of charge.

8. Liability

a) The Company shall be relieved of all liability for obligations incurred to the Client whenever and to the extent of which the fulfilment of such obligation is prevented by any cause beyond its control.

b) The Company shall not be liable to the Client or to any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) and the Client shall indemnify the Company against all claims and demands upon the Company for any such consequential loss or damage.

c) Every reasonable effort is made to ensure the accuracy of Work by selecting translators with appropriate qualifications and experience. However, in the event of any error or omission, liability to the Client or to any third party will be strictly limited to the contract price for the Work, provided that such fee has been paid in accordance with these Conditions of Business. It is likely that differences may arise, for example, between two different legal systems and a word would not have an accurate equivalent in the target language. In cases where the conflict may arise between the Work and the original document on which the Work is based, the Client is advised to revert to the original version.

d) As a result of any error or omission in the Work undertaken by the Company, the Company will, at its option, either re-type the Work or compensate the Client for the cost of any additional typing up to the amount of the fee charged in respect of that Work, provided that such fee has been paid in accordance with these Conditions of Business. The Company liability shall not exceed the fee payable.

e) A complaint by the Client in respect of any Work shall be notified to the Company within seven days of receipt of the Work by the Client, but this does not preclude the obligation to settle accounts within the period as specified on the invoice. Failure to submit a complaint in the period shall release the Company from any liability under Clause 8. In the event of use of the translation by the Client for a purpose other than for which it was supplied, the Client shall not be entitled to any compensation by the Company, and the Client shall indemnify the Company against any loss arising as a result to the Company, in goodwill or otherwise.

9. Illegal Matter

Notwithstanding any other term of any contract, the Company shall not be required to translate or to deal with any matter which in its opinion is or may be of an illegal or libellous nature. Where copyright subsists in texts to be translated by the Company, it is presumed that the Client has obtained all consents necessary for the translation to be carried out.

The Company shall be indemnified by the Client in respect of any claims, proceedings, costs and expenses arising out of any libellous matter translated or otherwise dealt with for the Client, or for any infringement of copyright, patent or design or other third party right.

10. Translation

The Company shall be under no obligation to indicate or correct errors or omissions in the Client’s original material. The Company cannot and will not assume liability for conversions from one system of units into another, for the translation of abbreviations or the transcription of proper nouns from one script into another, nor for the correctness of the transcription of any form of numerical data contained in the translated material.

11. Conference Interpreting

Conference interpreting will require a separate written agreement between the Company and the Client and will, in addition, be subject to these Conditions of Business.

12. Use of Translators/Interpreters

a) The Client or associate will not approach directly any relevant person employed through the Company for any Work of whatever nature. Any Work additional to that agreed in advance by the Company must be submitted to the relevant person via the Company.

13. Jurisdiction

These conditions shall be interpreted in accordance with English law. The Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in any inconvenient forum, or to claim that those Courts do not have jurisdiction.

14. Communicating with You

  Unless otherwise agreed, we may correspond by means of the Internet or other electronic media. Because of the nature of the Internet, we cannot guarantee the security and integrity of electronic communications sent by or to you. Whilst it is our policy to check our email correspondence with anti-virus software, we cannot guarantee that transmissions will be free from infection.

April 2012