In submitting an order, any individual or corporate body enters into a binding agreement with River Translation, said agreement being covered by the following terms and conditions:
‘Translator’ refers to River Translation – the trading name of Beata Sadlek who is the founder of River Translation and is registered as a self-employed translator in the UK.
‘Customer’ shall mean the purchaser for whom the Translator has agreed to provide the Services in accordance with these Terms.
‘Services’ shall refer to the translation services, editing, proofreading, localisation, language tuition or any other services that the Translator may provide to the Customer.
‘Source Material’ refers to the document submitted for translation by the Customer.
‘Target Material’ means the rendering of the Source Material carried out by the Translator as requested by the Customer.
In the event of any conflict between any part of the contract between the Translator and the Customer, 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.
– These Terms & Conditions.
All quotations are for guidance only and are subject to a written confirmation by the Translator upon receipt of the Customer’s order. A binding quotation once given after the Translator has seen the Source Material shall remain valid for a period of thirty days from the date on which it was given, after which time it may be subject to revision. The Translator reserves the right to make an additional charge to the quoted amount, if after commencement of the Services, changes to the Source Material are advised by the Customer. Such charge will be agreed with the Customer.
2. Acceptance of order
The Contract shall come into force on receipt of your purchase order or confirmation of a quotation. It is tantamount to the commencement of the order by the Translator.
When commissioning a translation the Customer shall provide the following necessary information to ensure a high quality translation and total satisfaction of the customer’s needs:
- Source Material to be translated.
- Intended use and purpose of the translation.
- Audience and style of the translation.
- Any special requests/instructions.
- File format of the Target Material.
- Deadline for the translation.
- If possible, dictionaries, glossaries or other sources of information owned by the Customer and required by the Translator for ensuring consistent use of terminology and for other purposes regarding the work order.
- Contact person for enquiries.
- Details of submission and delivery of documents.
All documents submitted for translation are deemed to be confidential and will not be subject to disclosure to any Third Parties. For the purpose of terminology research, parts of the submitted documents may be quoted by the Translator, unless otherwise stated by the Customer. If necessary, the Translator will apply for the Customer’s authorisation to disclose some of the information contained in the Source Material.
4. Price and Payment
All prices are in sterling (GBP) and are exclusive of value added tax and any other tax or duty. I shall invoice you for all appropriate taxes and expenses for which I am liable to collect.
The price charged shall be based on the information provided by the Customer and subject to the correctness of the provided information.
Full payment is due within 14 days of an invoice date, although in some circumstances payment or part payment may be requested prior to the commencement of the services.
For long term projects, the Translator may request an initial payment and periodic partial payments on terms to be agreed.
Delayed payments will be subject to interest rates calculated daily at the rate of 8% per annum from the due date until they are paid in full. In the event that payment has not been received within 30 days of an invoice date, an additional administration charge of 10% of the price charged will be applied.
River Translation accepts payments by electronic bank transfer, debit/credit card or through PayPal™.
The translation services provided by the translator include the complete rendering of the submitted documents from the source language to target language, including all translatable text. The cost of a translation is based upon the number of words in the Source Material. Localisation may be subject to additional charges. Proofreading and editing provided by the Translator are included in the base price.
All other services provided by the Translator are priced individually and are subject to information and requirements provided by the Customer.
Every completion date specified by the Customer shall be confirmed by the Translator upon receipt of the Customer’s order. However, if the completion of the order is not feasible for any reasons, another date is proposed by the Translator (to be accepted by the Customer before the commencement of the Services). While the Translator shall make every reasonable effort to meet the requirements of the Customer, late delivery shall not entitle the Customer to withhold payment for the work done. All dates for completion of the Services are only best estimates and the Translator is not liable for the consequences of any delay for any reason whatsoever.
There is also an urgency surcharge for projects demanding from the Translator to work overtime in order to meet the deadline. The charge is applied only after the consultation with the Customer and is subject to the Translator’s availability. It is also a guarantee of meeting the set deadline.
The order will normally be despatched to the Customer via electronic mail. In the event that the Customer requires the order to be supplied in hard copy by post, the Translator cannot be held responsible for delays in supply or for any failure in the fulfilment of supply caused by the postal system.
7. Responsibility and Liability
The Services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
A translation shall be fit for its stated purpose and target readership and the level of quality specified. Unless specified otherwise, translations shall be deemed to be required to be of ‘for information’ quality only.
The Translator shall not be liable to the Customer or any third party in any circumstances whatsoever for any consequential loss or damage of any kind. The liability of the Translator on any grounds whatsoever shall be limited to the invoiced value of the order.
The Translator 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 Translator, the Customer warrants that it has obtained all consents necessary for such translation to be made.
Neither the Translator nor the Customer shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party.
8. Nature of Translation
A translation reflects the quality of the Source Material. In the material to be translated where concepts are poorly expressed, where the wrong choice of language has been made, where typographical mistakes are present, where the text is incomplete or factually incorrect, in all or any of these instances the same inadequacies may show up in the translation. The Translator is not entitled to take any decisions on behalf of the Customer to make such modifications as might improve the text in translation or elucidate passages of the original text but may notify the Customer of such inaccuracies. The Translator will not therefore accept any criticism of any translation where these considerations may be at issue.
In the event that a more specific knowledge of sector-specific terminology is required for the proper translation and such knowledge would only be available to a particular Customer company or organisation, it cannot be assumed that the Translator possesses such knowledge. In such a case it is incumbent on the Customer to provide such instruction to the Translator as may be necessary for the proper translation of the material in the form of individual glossaries or any other aid to translation. Unless the Customer provides such information, the Translator shall translate specialised terms using the appropriate dictionaries and other sources of information on the subject matter.
The parties acknowledge that translation is not an exact science and no two translators will translate any text in the same way as each other.
9. Intellectual Property and Copyright
In the absence of a specific written agreement to the contrary, the copyright for the translation remains the property of the Translator.
If the Translator retains copyright, unless otherwise agreed in writing, any published text of the translation shall carry the statement: ‘© Translation by Beata Sadlek (Year)’, as appropriate to the particular case.
10. Cancellation and suspension
If the Customer, for any reason, cancels order which he or she has commissioned, charges will be payable for all completed work up to the cancellation date and for all other costs and expenses (including preparatory work and time to enable the order) which may occur as a result of such cancellation.
If the Customer suspends or postpones the order he or she has commissioned, charges will be payable for all commissioned work up to the date of suspension or postponement and for all other costs and expenses which may occur as a result of such suspension.
In the event of a Force Majeure, the Translator shall notify the Customer without delay, indicating the circumstances. Force Majeure shall entitle both the Translator and the Customer to withdraw from the commission, but in any event, the Customer undertakes to pay the Translator for work already completed. The Translator will assist the Customer to the best of his ability to place his commission elsewhere.
11. Satisfaction with the Services
Any complaint in connection with work carried out shall be made by the Customer to the Translator within 7 days of the receipt of the order by the Customer. Following completion of a project, the Translator agrees to rectify at no charge to the Customer any inaccuracies, errors or omissions which are at the fault of the Translator.
After the period of 7 days, the translated documents will entirely be considered accepted.
These terms and conditions shall be interpreted in accordance with English law and the Translator and the Customer irrevocably submit to the exclusive jurisdiction of the English Courts.