Definitions
a) Translator shall mean the party providing a translation in the normal course of business.
b) Client shall mean the person or corporate body commissioning a translation in the normal course of business.
c) Commission is the assignment or work placed with the translator by the client and may comprise translation, abstracting, and revising/ editing translations or any other similar or associated work.
d) The source language is the language in which the text to be translated is written.
e) Source material shall be understood to mean any text or medium containing a communication which has to be translated, and may comprise text, sound or images.
f) The target language is the language into which the text of the commission is to be translated; any text to be revised or edited will also be in the target language.

g) For the purpose of translation and related work, requirements shall include the required layout, software, deadlines, target language, the purpose of the translation or related work (e.g. whether for publication, information only etc.), method of delivery, any special terminology to be used, whether proofreading/ checking will be done by the client, etc.

 

Copyright in Source Material, and Translation Rights
a) The translator accepts an order from the client on the understanding that performance of the translation task will not infringe any third party rights.
 b) The client undertakes to keep the translator harmless from any claim for infringement of copyright and/ or other intellectual property rights in all cases. The client likewise undertakes to keep the translator harmless from any legal action including defamation, which may arise as a result of the content of the original source material or translation.
c) If the source material is copyright, the translator will only accept commission on the understanding that the client has obtained the translation rights.

 

Acceptance
a) Having regard to other commitments, the translator shall not be obliged to accept a commission if the client asking for a quotation fails to place the work within 5 days.

 

Delivery
a) Any delivery date between the translator and the client shall not become binding until the translator has seen or heard all of the source material to be translated and has received complete instructions from the client.
b) Delivery date may be subject to alteration if any amendment is made to the requirements after the commission has been placed.

c) The client undertakes to deliver the commission promptly and the translator shall not be held responsible for any loss, damage or late delivery of finished work due to postal or telecommunications services.

 

Fees

a) In the absence of any specific agreement, the fee to be charged shall be determined by the translator on the basis of the client's description of the source material, the purpose of the translation and any instructions given by the client.
b) No fixed quotation shall be given by the translator until all the source material has been received from the client and firm instructions given.
c) Any fee quoted, estimated or agreed by the translator and client based on the client's description of the task may be subject to amendment by agreement between the parties if, in the translator's opinion on having seen or heard the source material, that the description is materially inadequate or inaccurate.

d) The basis on which fees are calculated shall be agreed before work commences, as shall the charges to be made for any additional requirements (e.g. special delivery, courier charges).
e) An estimate shall not be considered contractually binding, but given for guidance information only.
f) Subject to clause b) above, a binding quotation once given after we have seen or heard all the source material, shall remain valid for a period of thirty days from the date on which is was given, after which time it may be subject to revision.
g) Costs of delivery of the translation shall normally be borne by the translator.
h) Where delivery requested by the client invoices expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the client. If the translator incurs an additional cost as a result of action or inaction, it shall not be borne by the client, unless otherwise agreed.


Payment
a) Payment in full to the translator shall be effected not later than 14 days from the completion of the specific project.


Indemnity
a) The translator shall fully indemnify the client in respect of any loss or damage arising to the client or a third party out of the provision of the translation service, the subject matter of this Agreement.


Code of Conduct
a) The translator's code of conduct, as exhibited hereto, shall be incorporated into these terms and conditions of business and any breach of the code of conduct by the translator shall be a breach of these terms and conditions.

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