Terms & Conditions

Terms & Conditions TERMS AND CONDITIONS OF BUSINESS Definitions In the following Terms, Translator and Client shall mean respectively the Seller and Buyer of a translation in their normal course of business and shall not distinguish whether the parties are individuals or corporate entities. The relationship shall be considered discrete and not including any third party, that is to say that an agency relationship of any nature shall be construed as two (or more) direct and discrete Seller-Buyer contracts. Copyright in Original Texts, and Translation Rights 1. The Translator accepts an order from his Client on the understanding that the Client holds translation rights in the original text or will be using the translation only for purposes of study, in which case the question of infringement of rights does not arise. In all cases, the Client undertakes to keep the Translator harmless from any claim for infringement of copyright and/or translation rights, likewise from any legal action including that which may arise between the individuals as a result of the content of the original text or its translation. Fees and Quotations 2. In the absence of any specific agreement on the fee to be charged, this shall be determined by the Translator. Any fee estimated or agreed by the Translator on the basis of the Client's description of the text may be subject to amendment if, in the Translator's opinion on sight of the text, that description was materially inadequate or inaccurate. 3. Subject to paragraph 2 above, a quotation once given after sight of copy by the Translator shall remain valid for acceptance within a period of thirty days from the date on which it was given after which time it may be subject to revision. 4. Where VAT is chargeable, it shall be additional to the fee. Return postal charges will normally be borne by the Translator except where the cost involved is exceptionally high relative to the value of the translation (for example because of bulky reference material) in which case a proportion of the amount may be chargeable to the Client. Other special expenses incurred in connection with the translation may also be charged in addition to the fee. Where delivery requested by the Client involves expenditure greater than the cost of first class post, the additional cost shall be chargeable to the Client unless the reason for the additional cost is attributable to the Translator. Delivery and payment 5. Any delivery date or dates agreed between the Translator and the Client shall be binding only after the Translator has had sight of the full text to be translated, and may be subject to amendment in the light of any changes in the requirement made subsequently by the Client . 6. Payment in full to the Translator shall be effected within 30 days after delivery of the translated text. Payments overdue by more than four weeks will be subject to a surcharge of 10%. Payments overdue by more than eight weeks will be subject to a surcharge of 20%. For long assignments or texts, the Translator may request periodic partial payments on terms to be agreed. Copyright in translations 7a. For texts which are published and sold in the open market, in the absence of a specific written agreement to the contrary, copyright in the translation remains the property of the Translator. Where the translation is known by the Translator to be intended for publication, it is agreed that the Translator grants to the Client a licence to publish the translation on a single occasion, in consideration of the agreed fee and when this has been paid. Where copyright is assigned, this is likewise effective only on payment of the agreed fee in full. Where work on a translation is started but the translation is not completed (see paragraph 12 below), copyright in the incomplete translation remains the property of the Translator, and the conditions applicable to assignment of copyright and those applicable to the grant of a licence to publish shall be as specified above in relation to a completed translation. 7b. Where documents, advertising and promotional material are to be used for normal business purposes, it is accepted as standard business practice that payment of the fee to the Translator automatically transfers to the Client in perpetuity all rights in the text, including copyright and the right to amend, and the Translator shall have no further claim on the Client in respect of that translation (see Sections 9 and 10 below) unless otherwise agreed in writing. 8. Where the translator retains the copyright, unless otherwise agreed in writing, any published text of the translation shall carry the following statement: © (English, etc.) text (Translator's name) 19........ as appropriate to the particular case. Confidentiality and Safe-keeping of the Client's Documents 9. The Translator shall at no time disclose to any Third Party any information contained in the Client's original documents or translations thereof, without the express authorisation of the Client. 10. The Translator is responsible for the safe-keeping of the Client's documents or translations thereof, including copies, while these are in the Translator's keeping, and shall ensure their secure disposal.All documents will be permanently deleted after 12 month. 11. If requested to do so by the Client, the Translator will insure documents in transit from the Translator, at the Client's expense. Cancellation 12. If work is commissioned and subsequently cancelled, the Client shall pay the Translator either a sum equal to the proportion of the complete fee which the work completed bears to the original text and a further sum charged on a time basis for preliminary research and enquiries or shall pay the Translator some other compensatory sum to be agreed between the parties. The work completed shall be available to the Client. Complaints and Disputes 13. Any complaint in connection with work carried out shall be made by the Client to the Translator (or vice-versa, as the case may be) within two months of the data of delivery of the translation. (Note: All finished translations will be permanently deleted 12 month after completion) If the parties are unable to agree, the matter may be referred to the Arbitration Committee of the Institute of Translation and Interpreting for arbitration within a time limit of two months from the date on which the original complaint was made. By the application and acceptance of these Terms of Business, it is implicitly agreed a priori, that the decision of the Arbitration Committee shall be final and binding on both parties. Applicability and integrity 14. These Standard Terms shall be applied and accepted by all members of the Institute of Translation and Interpreting regardless of their category or grade of membership and shall be construed jointly with the Code of Professional Conduct of the Institute of Translation and Interpreting in order to be complete and effective. TOP Author & Copyrights:©Jochen Hahn Last revision: 19/02/2018