Terms and Conditions
If you (henceforth the CLIENT) decide to engage one or more of the language services provided by QUALITY SPANISH TRANSLATIONS LTD (henceforth QST) it is understood that you agree to the terms and conditions below, unless negotiated and confirmed otherwise in writing.
All our work is completed to the best of our ability, knowledge and belief, and we consult such authorities as are reasonably available to us at the time. We endeavour to use reasonable skill and care and act as best practice with the provisions and the spirit of the ITI Code of Professional Conduct.
1. Scope of service
The CLIENT agrees:
1.1 To provide QST with clear and legible documents in a usable format, plus any relevant reference material, by the agreed date and/or time, or the date and/or time necessary in order for QST to meet the requirements of the service(s).
1.2 That the technical and linguistic accuracy of the source text is the sole responsibility of the CLIENT.
1.3 To provide clear written instructions for completing the commissioned service(s), including but not limited to information on the purpose of the text, the languages required, and the deadline preferred, such that QST can ensure linguistic faithfulness, accuracy and cultural appropriateness.
1.4 That QST has the right to subcontract any commissioned service(s) to third parties; in this case, QST will remain the sole contractor and to this end, all communication shall be conducted through QST. Direct communication between the CLIENT and the subcontractor shall only take place with the express written consent of QST, and shall always entail QST being copied into relevant emails or informed of conversations, as relevant
1.4.1 Subject to clause 1.4.2, the CLIENT shall not directly approach the subcontractor for a period of 6 months from delivery of the last service(s) arising from the above communication, for the purpose of contracting work. Likewise, the subcontractor shall not knowingly, for a period of 6 months from delivery of the last service(s) arising from the above communication, approach the CLIENT for the purpose of soliciting work, nor work for the CLIENT in any capacity involving translation, without QST’s written consent.
1.4.2 The restrictions in the above clause 1.4.1 shall not apply where:
– the subcontractor acts on the basis of information in the public domain, or
– the CLIENT is seeking suppliers on the open market, or
– QST only makes isolated use of the subcontractor’s services.
1.5 To complete the commissioned service(s) in accordance with the written instructions provided by the CLIENT.
1.6 That if no clear instructions are provided by the CLIENT at the time of commissioning the service(s), QST will work to the best of its ability to ensure that the quality of the service(s) conforms with generally accepted translation industry standards.
1.7 To treat all documents submitted to QST as confidential unless already known to be in the public domain and to require the same of all employees and subcontractors.
2. Delivered service
The CLIENT agrees:
2.1 That the CLIENT shall confirm receipt and acceptance of the completed service(s) after a specified time upon request.
2.2 That QST shall not be liable to the CLIENT in respect of delays or other matters that are beyond the control of QST (including, but not limited to, serious illness, accident, temporary disability, technical failure or force majeure). Should such an event occur, the CLIENT will have the option to withdraw from the contract of service and will be liable to pay QST in full for any service(s) commissioned and completed to date.
2.3 That ownership of the commissioned service(s) and unlimited usage rights shall only pass to the CLIENT once QST has received payment in full.
2.4 That, whenever practicable, the CLIENT shall name the Translator and QST on their final document(s), identifying them as the translators of the work, in the same format as the author is identified, or in this format: “Translated by Emma Plested of Quality Spanish Translations”. If the individual is not identified for any reason, then QST shall be identified without the individual’s name (eg: “Translated by Quality Spanish Translations”).
2.5 If any amendments are made to the delivered document(s), by the CLIENT or a third party, QST’s name shall not be used in relation to said service(s), without QST’s prior agreement in writing.
2.6 That QST will store and safeguard all electronic files received and processed documents for a period of five (5) years, unless agreed otherwise. All hard copy documents will be scanned, where possible, and copies of these will be stored for the same period.
2.7 To deliver the commissioned service(s) to the CLIENT by the method agreed and within the timeframe agreed. By default and unless otherwise agreed, this method will be via email. QST cannot be held liable for the non-arrival of service(s) once sent, either electronically or in hard copy.
2.8 To return any hard copy original documents to the CLIENT by first-class post or standard international delivery on request. Documents returned by courier will be subject to an additional fee.
The CLIENT agrees:
3.1 To accept the payment terms set out by QST, unless otherwise agreed.
3.2 To accept and pay for the completed service(s) by the due date in accordance with the payment terms, assuming that QST has followed the CLIENT’s instructions and has met generally accepted translation industry standards.
3.3 That separately commissioned service(s) performed under this Agreement will form a separate contract and will be accepted and paid for without reference to other commissions or agreements.
3.4 To pay interest on late payment(s) at the Bank of England base rate plus 5% calculated on a daily basis from the date when such payment became due until the date of payment, plus any cost of collection.
3.5 To disclose, when commissioning the service(s), any factors that may affect payment.
3.6 That, if following a review of the completed service(s), the CLIENT requires any further service(s) to be performed which do not fall under the scope of the original instructions, QST will have the right to charge accordingly.
3.7 To provide the CLIENT with a clear, no-obligation quote, on request, for the commissioned service(s), which will form the basis for the final costs and be valid for 30 days from issue, or the date cited on the quote, if different from this. All quotes may be subject to alterations should the requirements of the commissioned service(s) alter in any way.
3.8 To inform the CLIENT as soon as possible if the costs of the commissioned service(s) will alter from those costs indicated and to what extent. Should this occur, the CLIENT will have the option to withdraw from the contract of service and will be liable to pay QST in full for any service(s) commissioned and completed to date.
4. Liability for defects
The CLIENT agrees:
4.1 That, if the CLIENT chooses to use the supplied service(s) for any purpose other than that set out in the instructions given for the service(s), they waive their right to any compensation for damages, should the need arise.
4.2 That QST will not be held liable if the CLIENT fails to provide instructions to QST for the completion of the service(s) and a defect arises as a result of this lack of instruction.
4.3 That, should the delivered service(s) fail to meet generally accepted translation industry standards, the CLIENT will grant QST a reasonable opportunity and timeframe within which to rectify any shortcomings in the service(s). QST will not be held liable should this opportunity not be provided.
4.4 To conduct a review of any perceived defect in the service(s) delivered and to correct any delivered service(s) that fails to comply with the CLIENT’s instructions or meet generally accepted translation industry standards without further charge, provided the defect is brought to the attention of QST within one (1) month of delivery.
4.5 The services of a third party may be called upon to arbitrate in the event of a dispute.
4.6 To maintain in force professional indemnity insurance with a reputable insurance company and on request, provide details of cover. All claims will be limited to the amount of the insurance payment of the policy, should a claim arise.
QST reserves the right to vary these terms and conditions and to terminate the agreement at any time. It is your responsibility as the CLIENT to remain informed as to any change to the service via these pages and our normal channels of communication.
Any references to “in writing” or “written” in these Terms and Conditions shall include communication via email.
These Terms and Conditions are governed by English law and the Parties submit to the exclusive jurisdiction of the English courts.