Terms and Conditions
Terminology:
‘YourCulture’ is used to refer to YourCompany Limited.
‘The Client’ is used to refer to the individual /company commissioning YourCulture services.
‘The Translator’ is used to refer to the individual(s) providing a translation in the normal course of business as per the instruction of YourCulture.
‘The Interpreter’ is used to refer to the individual(s) interpreting in the normal course of business as per the instruction of YourCulture.
‘Translation’ is used to mean the preparation of a translation or any other translation-related task such as revising, editing and proofreading but not copywriting or adaptation.
‘Interpreting Assignment’ refers to the attendance of The Interpreter at an interpreting assignment as requested by The Client and instructed by YourCulture.
‘Contract’ refers to acceptance of the following terms and conditions by The Client and permission to proceed on the basis outlined.
1. Copyright in Source Material, and Translation Rights:
1.1 YourCulture accepts an order from The Client on the understanding that performance any translation tasks which may be associated with an Interpreting Assignment will not infringe any third party rights.
1.2 The Client undertakes to keep YourCulture and/or The Translator / The Interpreter harmless from any claim for infringement of copyright and/or other intellectual property rights in all cases.
1.3 The Client likewise undertakes to keep YourCulture and/or The Translator / The Interpreter harmless from any legal action, including but not limited to defamation, which may arise as a result of the content of the original source material or its translation.
1.4 The Client maintains full intellectual property rights of both the original and target, translated, documents.
2. Confidentiality:
2.1 No documents for translation or, relating to the Interpreting Assignment shall be deemed to be confidential unless this is expressly stated by The Client.
2.2 YourCulture and The Translator / The Interpreter shall at all times exercise due discretion in respect of disclosure to any Third Party of any information contained in The Client’s original documents or the translations thereof without the express authorization of The Client.
2.3 A third party may be consulted over specific translation / terminology queries, provided that there is no disclosure of confidential material.
3. Timescales:
3.1 YourCulture and The Interpreter will make every effort to ensure that the start time of an Interpreting Assignment is honoured. However, any events outside the control of YourCulture or The Interpreter which impact the start time of the Interpreting Assignment, yet allow The Interpreter to commence within a reasonable lapse of the start time shall not entitle The Client to reject any performance or to repudiate the Contract.
3.2 YourCulture shall not be held liable to The Client if fulfilment of its obligations under the contract is prevented or hindered by force majeure. For the purposes of this condition, force majeure shall mean any circumstance
beyond the control of the YourCulture and/or The Interpreter.
4. Invoicing:
4.1 100% payment of invoice shall be made by The Client within the specified payment terms of the invoice. At any point after the passing of the payment deadline, YourCulture reserve the right to take legal proceedings in order to recover fees from The Client. In such circumstances an administrative charge of £100 shall be added to the invoice. The Client shall also be responsible for interest charges and legal fees.
4.2 Interest shall automatically be applied at the rate of 10% per annum over base rate to all overdue sums from the date on which they first become due until they are paid in full.
4.3 If a debt reaches 15 days overdue, a letter requesting payment shall be sent to The Client. This shall incur an administrative fee of £25.
4.3.1 If a debt reaches 30 days overdue, a letter requesting payment shall be sent to The Client. This shall incur and administrative fee of £25.
4.3.2 If a debt reaches 45 days overdue, a letter requesting payment shall be sent to The Client by way of reminder. This shall incur an administrative fee of £25.
4.4 If a debt is not cleared within 60 days then YourCulture reserves the right to automatically commence legal proceedings in order to recover fees from The Client. An administrative charge of £100 shall be added to the invoice. The Client shall also be responsible for interest charges and legal/court fees.
4.5 Discounts included on quoted prices are only applicable if invoices are paid within the specified payment terms. The discount on invoices which have not been paid within this time frame will be null and void.
5. Satisfaction with Services:
5.1 Any issues with the service provided by YourCulture and/or The Interpreter must be highlighted within 3 working days of the assignment date. Discrepancies must be submitted in a manner that accurately demonstrates the nature of the complaint, i.e. proof of perceived inaccuracies must be demonstrated. The liability on YourCulture will be to rectify any such alleged inaccuracies where possible, as considered justified, to YourCulture’s satisfaction. At no time will such allegations delay payment.
6. Cancellation:
6.1 If the Interpreting Assignment is commissioned, agreed upon and terms & conditions signed and then 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 YourCulture for the period of time booked at the stated rate if less than 7 days notice is given. If between 7 and 14 days notice is given, The Client shall pay YourCulture fees relating to 50% of the period of time booked at the stated rate, otherwise a £50 administration fee shall be applied. Any travel expenses incurred by The Interpreter shall also be payable by The Client.
6.2 Cancellations must be made in writing.
6.3 If the Interpreting Assignment falls short of the times originally booked by The Client, The Client is still obliged to pay for the full period originally booked.
7. YourCulture’s Liabilities:
7.1 YourCulture is not held responsible for any costs, fees or liabilities resulting from The Interpreter being unable to attend the assignment.
7.2 If The Interpreter is unable to attend the agreed assignment YourCulture will attempt to replace The Interpreter with another of equal experience and qualifications. However, this may not always be possible due to circumstances.
7.3 The liability of YourCulture on any grounds whatsoever shall be limited to the invoiced value of the work.
7.4 YourCulture shall incur no liability to The Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of YourCulture prior to the Contract, whether orally or in writing, and The Client shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
7.5 YourCulture shall not be liable for loss of profits, business, contracts, revenue, damage to The Client’s reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever.
8. The Client’s Liabilities
8.1 Unless otherwise agreed by YourCulture, The Client agrees (which for the purposes of this clause includes any companies associated with The Client) that they shall not, for a period of one year after termination of the Contract, either directly or indirectly, on their own account or for any other person, firm or company, solicit, employ, endeavor to entice away from YourCulture or use the services of The Interpreter(s) who completed the Interpreting Assignment under the Contract. In the event of The Client breaching this clause, they agree to pay YourCulture an amount equal to both the aggregate remuneration paid by YourCulture to The Interpreter for the year immediately prior to the date on which The Client employed or used the services of The Interpreter and the equivalent of a full year’s prorated pay for any money paid to The Interpreter by The Client.
9. Miscellaneous:
This agreement shall be governed and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the Court of England. |
