‘The Company’ means Expert Language Solutions Ltd whose registered office is at High Park Business Centre, Unit 17, 82A High Park Road, Southport, PR9 7QL, UK.
‘The Client’ means any individual, business and/or corporate body that enters into a binding agreement with Expert Language Solutions Ltd.
‘Text’ means any hardcopy documents, electronic files or faxed documentation.
‘Work’ means any transcription, translation, interpreting, proof reading, language training or any other service supplied by the Company.
The Work i.e. information, publication, advertising, litigation, patent proceedings, incorporation, etc.
The charge for the Work shall be determined in accordance with the scale of charges stated by the Company.
Should the Client decide to use the Work for a purpose other than that originally stated, it is the responsibility of the Client to ensure that the Work is suitable for the new purpose.
The Company reserves the right to amend or adapt the Work, if necessary, for the new purpose and make a further charge if applicable.
In the event that the Client uses the Work for a purpose other than initially specified the Client shall not be entitled to any compensation from the Company and the Client shall indemnify the Company against any loss arising to the Company in goodwill or otherwise as a result.
Where the purpose of the Work is not stated the Company shall execute the Work to the best of its judgment. The Company will determine the charge accordingly.
Binding quotations shall not be given by the Company to the Client against text not seen by the Company. A binding quotation will be given to the Client once the Company has received the final text. A quotation remains valid for 90 days from the date of issue.
No work will commence until the Client has accepted the quotation in writing.
Each order received from the Client will be treated as a separate contract unless otherwise agreed.
Charges quoted are exclusive of VAT and couriers.
Payment for Work completed will be made on delivery of the Work or no later than 30 days after receipt of an invoice.
Should payment be outstanding more than 30 days after receipt of the invoice the Company has the right to make an interest charge of 8% above the Bank of England base rate on all monies due to the Company for each day of late payment. The Client to whom the outstanding invoice belongs is also liable for any legal expenses incurred by the Company in the process of retrieving the due monies.
The Company will make an additional charge where the Client requests amendments to a text already in progress. The additional charge will be on added word-count or on an hourly charge.
The Client will give a clear indication of the delivery requirements when submitting Work and the Company will make every reasonable effort to meet the Client’s requirements. However, late delivery shall not entitle the Client to withhold payment for Work done.
Where a delivery date is a material part of a commission accepted by the Company, the Client should disclose this in advance.
Should completion of the Work be required sooner than the agreed date it will be entirely at the discretion of the Company to accept a new completion date. The Client must make reasonable allowance for any defects in the Work where such a request for a reduced production time has been made. Should the completion of the Work necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased costs.
The Company will not accept any liability for the consequence of any delay in completion of the Work caused by the Client. Any agreed deadlines or schedules will automatically cease to be valid and new dates must be negotiated.
Unless otherwise agreed, completed Work will be dispatched to the Client by email wherever practical.
The Company may engage any person, firm or company as a sub-contractor to perform any or all of the Company’s obligations. Should the Client stipulate otherwise it shall pay any additional reasonable charges incurred by the Company as a result.
If the Client cancels the Work, having agreed for the work to proceed, the Company has the right to make no refund to the Client.
If the Client suspends or postpones the Work that has been commissioned for a period of 7 days or more, charges will be payable for all completed work up to the date of suspension or postponement. In any other case any charges incurred will be made on completion of the Work.
All text/audio supplied to the Company by the Client will be held or dealt with by the Company at the Client’s risk and the Company will not be responsible for any resulting loss or damage.
The Company reserves the right to destroy or otherwise dispose of any text or other property of the Client that has been in custody for more than 12 months following completion of the Work to which it relates.
The Company will not transcribe, translate, proof read, interpret or print any matter that in its opinion is or may be of an illegal or libellous nature.
Where copyright exists in texts to be translated by the Company it is presumed that the Client has obtained all consent necessary for such work to be completed
The Company will be indemnified by the Client in respect of any claims, proceedings, costs and expenses arising out of any libellous matter printed for the Client, or any infringement of copyright, patent, design or third party right.
A complaint by the Client in respect of any Work completed by the Company must be notified to the Company in writing within 14 days of the receipt of the Work. In any event, the Client is to provide the Company with a representative sample of the corrections to be made. The Company will be given the right to correct any inaccuracies in the Work at its expense.
Unless specifically agreed in writing any dispute may be settled in accordance with English law and in the English courts.
These terms and conditions will be interpreted in accordance with English law and any dispute between the parties will be subject to English law. The parties submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or connected with this contract.
In the event of a Force Majeure the Company will notify the Client without delay and indicate the circumstances. Force Majeure will entitle both parties to withdraw from the contract. However the Client will pay the Company for Work already completed. The Company will assist the Client to the best of its ability in placing the Work elsewhere in order for the assignment to be completed.
Force Majeure will be an industrial dispute, civil commotion, natural disaster, acts of war, computer failure, and any other situation that can be shown to materially affect the Company’s ability to deal with the assignment as agreed.
Copyright in all Work provided by the Company remains with the Company unless specifically agreed otherwise in writing. The Company and its translators assert all moral rights relating to copyright.
In the event that payment is not received in accordance with clause 4.3 the copyright will remain with the Company and it shall be able to make use of any Work not paid for by the Client
This Clause shall apply exclusively for the provision of interpreting facilities by the Company and any Clause above shall also apply except where they are inconsistent with any provisions in this Clause when this Clause will prevail.
Documentation and relevant reference materials should be supplied to the Company as early as possible and in any event arrive not less than 48 hours before the start of the assignment so that the interpreters have time to familiarise themselves with the specific terminology needed. The Company will entertain no complaints regarding the quality of the interpreting if these materials are not so made available.
Where a Client provides accommodation and meals for an interpreter no Per Diem charge will be made nor will the travelling expenses of an interpreter be charged to the Client if the Client supplies the relevant travel tickets to the Company in advance. Any assignment requested to be delivered outside of 9am-5pm working hours and during weekends will incur a 50% surcharge of the usual interpreting fees.
If for any reason the Client cancels or does not require an interpreter for the full term of the agreed assignment no charge will be incurred if the Client informs the Company in writing of cancellation more than 48 working (Mon-Fri) hours prior to the start of the assignment. Otherwise, a cancellation fee of £60 will be applied. Furthermore, 50% of agreed interpreting fees will be payable if the Company is informed 24 working hours or less prior to the start of the assignment. Should the interpreter already have arrived at the job venue at the agreed time and date – and only then be informed of the cancellation – then the full quoted interpreting fee will be charged.
In the event of sickness or injury to the interpreter prior to or during an assignment, the Company will endeavour as best it can to find a replacement interpreter but the Company for failing to do so accepts no liability.