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By ordering a translation or interpreting service from TranslatingChina.com, the Client accepts the following terms:
1. The Client warrants that source materials submitted shall not (directly or indirectly) infringe any rights of a third party and undertakes to keep TranslatingChina.com free from liability for any infringement of copyright and/or other intellectual property rights in relation to the source materials supplied.
2. A firm quotation for a translation assignment will be given by TranslatingChina.com after receiving the Client’s source materials and appropriate instructions.
3. Any fee estimated by TranslatingChina.com on the basis of a Client’s description of the assignment may be subject to amendment if, in our opinion after receiving source materials, that the description is materially inadequate or inaccurate.
4. If any changes need to be made to the source materials or the Client’s requirements while work is in progress, the originally quoted fee and terms of delivery may be adjusted to reflect the additional work.
5. Our interpreting rates cover interpreting, interpreter travel time and travel costs within Greater London. For interpreting assignments outside Greater London, actual travel cost and cost for travel time shall be added to the quoted fee.
6. Where VAT is applicable, it will be charged in addition to the quoted fee.
7. For translation assignments, full payment shall be made within 30 days from the date of invoice by the method of payment specified.
8. For large and/or long-term translation assignments where delivery is in stages and/or over a period of more than 60 days, TranslatingChina.com may ask for an initial payment, invoice the Client upon completion of each stage of the work or at monthly intervals.
9. Delay in payment for work delivered is not acceptable, including situations where the Client awaits payment from a respective client or any other third party.
10. Interest shall automatically be applied at 8% per annum over the published base rate of HSBC Bank plc to the overdue payment from the date on which it first becomes due until it is paid in full. This term is in accordance with the Late Payment and Commercial Debts Act 1998.
11. For interpreting assignments, a 50% booking deposit is required with payment for the remainder to be made on completion of the assignment.
12. TranslatingChina.com will at all times exercise due discretion and take reasonable care not to disclose to any third party information contained in the Client’s source materials or translated works without the express authorisation of the Client.
13. If source materials and translated works shall be deemed confidential, however, this shall be expressly stipulated by the Client and/or a confidentiality agreement shall be entered into.
14. TranslatingChina.com shall be responsible for the safe-keeping of the Client’s source materials and translated works, and shall ensure their secure disposal.
15. The Client acknowledges that any source materials and translated works submitted over the Internet cannot be guaranteed to be free from the risk of interception or corruption even if transmitted in encrypted form and that TranslatingChina.com has no liability for any loss, corruption or interception of this kind.
16. If a translation assignment is commissioned and subsequently cancelled, reduced in scope or frustrated by an act or omission on the part of the Client or any third party, the Client shall pay TranslatingChina.com the full contract fee unless otherwise agreed in advance. The work completed shall be made available to the Client.
17. If an interpreting assignment is booked and subsequently cancelled by the Client, there shall be no charge if a written notice is given five working days before the date of assignment. Shorter notices shall incur cancellation charges.
18. TranslatingChina.com will make every endeavour and take all reasonable care to fulfil its contractual obligations in delivering the service. However, it shall not be held liable for circumstances beyond its control, including but not limited to: force majeure, wars, terrorist attacks, power cuts, Internet and network connection failures, industrial actions, severe weather, sickness, injury or death.
19. TranslatingChina.com shall notify the Client as soon as is reasonably practical of any circumstances likely to prejudice its ability to comply with the terms of the Client’s order and make every endeavour to suggest an alternative solution.
20. Any complaint in connection with an assignment shall be notified to TranslatingChina.com by the Client (or vice-versa) within 14 days of the date of service delivery. If an agreement is not possible, the matter may be referred to an impartial external arbitrator. Such referral shall be made no later than one month from the date on which the original complaint was made.
21. If a dispute cannot be resolved amicably or if either party refuses to accept arbitration, the parties shall be subject to the jurisdiction of the Courts of England and Wales. In any event, these terms shall be construed in accordance with English law.