GENERAL TERMS AND CONDITIONS
FOR SERVICES PROVIDED
BY LINGVOHOUSE TO THE CLIENT
We, LINGVO HOUSE TRANSLATION SERVICES LIMITED, register N 6737511, registered office: 131/133 Cannon Street, EC4N 5AX, London, UK, (the Agency), hereby wish set out our general terms and conditions for Translation Services provided by us to the client.
In terms of this document:
The Agency – LINGVO HOUSE TRANSLATION SERVICES LIMITED, a company incorporated and registered in the UK, whose principal business is the provision of linguistic services to the clients.
The Client – existing and/or prospective clients of the Agency who order linguistic services to be provided by the translators of the Agency.
The present document incorporates legal rights and obligations for the Agency, performing the services and for the clients of the Agency upon the commencement of the commercial relations between the parties.
The Engagement of the Agency by the Client will indicate his/her acceptance of the terms in this document.
The Client and the Agency hereby agree and undertake that:
A. At all material times the Agency is engaged in the business of translation services.
B. The Client shall provide the Agency with texts and/or documents (including but no limited to tables, charts, graphs and any other form of drafting the information) of the Agency’s specialisation, or if the Agency has explicitly agreed to perform the work which is not in its specialisation, for translation, in original language versions, in readable Microsoft Office (or other, if agreed with the Agency) format and indicate the deadline for translation.
C. The Agency work is to professionally and promptly, and within the deadline translate texts and documents provided by the Client according to the pre-agreed service level as specified below.
D. The Client receives the exclusive and unconditional right to use the results of the Agency’s translators work in the business of the Client, and for such purposes as the Client may on its own discretion consider essential and/or beneficial for its business without any restriction from the Agency or any third party, and without any obligation to give any notice or provide any information, or to pay any compensation, other than a one-off translation fee, to the Agency for its use at any time during the duration of commercial relations between the Agency and the Client and at all times after its termination.
E. The Agency agrees that intellectual property for results of work specifically produced for the Client in connection with or relating to the commercial relations between the Agency and the Client shall vest in and belong to the Client. The Agency is not authorized to use (including but not limited to copying, modifying, selling and disposing in any other way) i) the texts, the contents of the documents or of any other form of the information, in originals and/or copies, provided to it by the Client in the course or for the purposes of the agreed commercial relations between them, or ii) the translation or any result of its work in any other form of delivery of the information, in originals and/or copies, performed in the course or for the purposes of the commercial relations between the Agency and the Client, in any other way apart from for the purposes of the agreed commercial relations between them.
THE CLIENT AND THE AGENCY further AGREE as follows:
FOR WRITTEN TRANSLATION SERVICES:
Quotes & Placing order
- Clients are quoted by default for Service Level A unless specified otherwise. This is the basic budget service. Please consult LingvoHouse Service Levels before placing the order to choose the correct level. For rush deliveries, service levels B-D may not be feasible.
- Turnaround times are quoted for delivery by email only. If requested, hard copies will be sent out after delivery by email via 1st class post unless otherwise agreed.
- Confirmation to proceed by email constitutes the contract. LingvoHouse T&Cs are deemed accepted upon confirmation to proceed.
- Projects can be cancelled at any time by email. If the translator has already started working on the file, then LingoHouse will charge an amount equivalent to the number of words processed and will deliver the partially translated file in return.
- The price the services shall be agreed upon by the Agency and the Client by email before placing the order. For source documents in non-editable format or when partial translation is required, applicable rate per word shall be pre-agreed instead of a total price and LingvoHouse will calculate the final total price upon delivery based on word-count in translation.
- All prices are subject to UK VAT of 20% for UK clients.
- Pre-payment may be requested upon sole discretion or the Agency. All other payments shall be made strictly within 30 calendar days of an invoice date.
- The Agency reserves the right to charge interest on amounts outstanding more than 10 working days, for every day of delay at the rate of 4% above the UK base rate. Interest shall accrue on a daily basis.
- Service Level A is a budget self-proofread translation service designed to produce a translation to reflect the original meaning of the source text, rather than style & voice. This service is meant for requests where fast turnaround times are required and when the translation is not for publishing. Style is not a primary consideration and any personal preferences of the Client will be taken into account only if communicated beforehand. Otherwise the choice of translation terminology will be translator’s sole discretion. Small errors can occur due to the lack of a second checking stage. In the event of quality concerns, grammar mistakes and instances of inaccurate meaning will be corrected. The client must point out mistakes in a redline for us to be able to correct them. We will not address any style, preferred terminology or other concerns.
- Service Level B. The second translator will proofread and correct the translation for grammar mistakes and instances of inaccurate meaning, but will not address style & voice. For style translation (when the translation is required to be styled to sound as if it was originally drafted in the target language) clients should order Level C or above. Claims cannot be made in respect of translation of Client’s specific terms, abbreviations or other specific data unless the reference material or terms dictionary was provided beforehand.
- We will not mirror the original format or provide any additional layout work where the source document is in non-editable format, however best effort will be put to maintain the formatting.
- LingvoHouse certifies translations according to the UK standards only. The translation will come on our official letterhead and include our credentials, details of the translator, confirmation that it is an accurate translation of the original document, our contact details, stamp, date and signature of the translator or an authorised official of our Agency. Special requests shall be communicated beforehand.
- Notary, solicitor or sworn certification should be requested separately before placing your order. LingvoHouse cannot be held responsible for non-acceptance or non-conformity of the chosen type of certification.
Use of translation
- The Client will indemnify LingvoHouse against all liabilities, losses, or costs that the Agency may incur, in consequence of any claim that may be made against the Agency in consequence of the use of, or content of, any translation delivered by the Agency.
- The Client agrees that the Agency does not in any way guarantee any results specific or otherwise deriving from the Agency’s services, and the Client accepts that said services may result in the loss of capital.
- The Agency guarantees that the services will be provided using reasonable care and skill. The Agency expressly does not give the Client other guarantees whatsoever and excludes any implied warranties to the maximum extent permitted by law.
- The Agency shall not be liable for any representation (unless fraudulent), or any implied guarantee, condition or other term, for any duty at common law, for any loss of profit or any indirect, special or consequential loss, damage, cost, expenses or other claims (whether caused by the negligence of the Agency, its agents or employees or otherwise) which arise out of or in connection with the provision of Services or their use by the Client.
- The Agency will use its best endeavours to deliver the services within any agreed time, but shall not be liable to the Client or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the services, if the delay or failure was due to any cause beyond the Agency’s reasonable control.
- The entire liability of the Agency under or in connection with the provision of the services shall not exceed the amount of the Agency’s charges for the provision of the services, except where liability cannot by law be limited.
- The agency shall keep confidential all information and documents delivered to it by the client and shall not disclose any such information or the contents of such documents to any third party unless compelled to do so by law.
FOR INTERPRETING SERVICES
Please confirm your agreement with the below terms upon confirming the booking.
Changes in agreed terms. The Agency is required to provide interpreting services at pre-agreed location during pre-agreed dates and time with respect to pre-agreed subject matter and for pre-agreed fee. Any changes to the above should be reported to the Agency as soon as possible and may incurred surcharges.
Minimum number of interpreters. For simultaneous interpreting a minimum of 2 interpreters are required according to the EU legislation if the interpreter is required to work more than 20 minutes without break.
Preparation material. Client further agrees to provide the interpreters, in good time, with all the preparatory and background materials necessary for interpreters to properly prepare for the job and may be required (to be pre-agreed) to compensate the interpreters for every hour actually spent by interpreters reviewing said materials.
Equipment. The relevant equipment should be provided for by the Client/venue unless agreed upon otherwise. Agency/Interpreters shall not be held liable for any technical malfunction, or human error on the part of engineers retained by Client that may render the equipment inoperable.
Over-time. The Client agrees to pay for each interpreter the over-time for work outside pre-agreed time at pre-agreed rate per hour for any portion of an hour in access of 8 working hours per day including lunch.
Expenses. For assignments outside M25, the Client shall compensate Interpreter's reasonable expenses including but not limited to travel, terminal expenses and accommodation for the duration of the event, and shall pay Interpreter a per-diem of £30+VAT unless full board is provided. At least 1 hour lunch break should be provided.
Payment terms. The fees including expenses shall be payable net within 30 days of the date of the invoice issued by the Agency to Client. The Agency shall retain the right to levy chargeable interest of 4% per day if the payment is outstanding for more than 10 working days from date of issue.
Cancellation policy. Should the job or any part thereof be cancelled by the Client two weeks or less prior to the date on which it was scheduled to begin, the full amount of the agreed fee shall be payable. Should the job or any part thereof be cancelled more than 2 weeks but less than 3 weeks prior to the date on which it was scheduled to begin, 50% of the pre-agreed fee shall be payable. The Client understands and hereby expressly agrees that no payments under this clause shall constitute or may be construed as, a penalty clause but represent a fair reflection of the losses actually incurred by the interpreters if the assignment is lost.
OTHER GENERAL TERMS:
- Unless otherwise stated, prices are in sterling any tax or duty. Payment of such taxes and duties (if any) shall vest on the Client and will be added to the Agency’s fee.
- Quotations in a currency other than sterling are based on the rate of exchange at the time of quoting and, unless otherwise stated, the price may be subject to revision up or down if any different rate of exchange is ruling at the date of invoice.
- Failure to pay any invoice of the Agency in accordance with the present general terms and conditions or other terms agreed upon with the Client shall entitle the Agency to reinforce without prejudice the Agency’s rights of remedy provided by applicable law, or without prejudice to use any other right the Agency shall have in accordance with the present terms and conditions.
- Prices and delivery dates for the implementation of changes and additions to the source materials in translations, whose conveyance has already begun into the target language (author's corrections), will be determined according to the scope of the changes, and the scope of the percentage of the translation already made. The Agency shall notify the Client with an estimate of the additional costs, before the changes and additions are implemented. The scope of a translation will be calculated using the same method as with the source material, unless otherwise agreed upon.
- If no delivery date has explicitly been agreed beforehand, the Agency is, at its own discretion, entitled to determine a reasonable period in which work has to be executed.
Intellectual Property and Copyright
- The intellectual property for the results of work of the Agency shall belong to the Client from the moment the complete payment has been received by the Agency according to the terms agreed with the Client.
- The Agency hereby waives a right to claim any payment, other than as agreed between it and the Client, or a royalty, or a fee, or an interest from the Client in connection with using the results of the Agency’s work.
- The Agency hereby agrees not to use the end results of its work in terms of the commercial relations between the Agency and the Client in any way apart from when directly related to the order of the Client, or when the Client explicitly authorises the Agency to do so.
- The Agency warrants and represents that any result of work produced by its translators for the Client in the course of the commercial relations between the Agency and the Client will be original and will not infringe rights or violate the rights of any person or entity, including, without limitation, any copyrights, trademarks or rights of privacy or publicity.
Relationship of Parties
- The Agency acknowledges that it is entering into the commercial relations with the Client as an independent contractor on a commercial basis.
- No failure or delay by either party in exercising any of its rights under this document shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this document shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
- The present general terms and conditions of the Agency shall be in effect from the moment of the engagement of the Agency by the Client and valid until its termination.
- The engagement of the Agency by the Client is formed by the transfer of the Client's order and source materials in person, via electronic mail, post, fax, as well as by the sending the confirmation of the order acceptance to the Client by the Agency. Upon executing the transfer of the order the Client thereby accepts and agrees with these general terms and conditions.
- The contents of this document may from time to time be extended, amended, renewed or prolonged by the Agency with a respective notification to its existing clients.
- The parties may terminate the relations between them with immediate effect at any time upon their mutual consent in writing.
- The Client may terminate its commercial relations with the Agency with immediate effect at any time on its discretion provided that its agreed compensation is paid in full.
- The Agency may terminate its commercial relations with the Client with immediate effect by giving written notice to the Client without any obligations if the Client.
If any provision of this document is held by any court or other competent authority to be invalid or unenforceable in whole or in part, this document shall continue to be valid as to its other provisions and the remainder of the affected provision.
Notices and Services
All notices to be given under this document by either party to the other shall be in writing and shall either be delivered personally or sent by first class prepaid post or airmail prepaid post or by telex, cable, facsimile transmission or email.
Applicable Law and Jurisdiction
This document shall be governed by and construed in accordance with the laws of England and Wales. Where unregulated the parties shall refer to legislation in force of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.