Terms and conditions
These terms and conditions are issued by Christine Birch and are the basis on which she executes translation and related work.
1. Applicable law
The Contract shall be governed by the laws of England and the Client agrees to submit to the exclusive jurisdiction of the English courts.
In these terms and conditions:
a) the Client is the person or corporate body that commissions an Assignment;
b) the Assignment is the work placed with the Translator by the Client and may comprise translation, revising/editing translations or any other similar work or associated work to be agreed between the Client and the Translator;
c) the Contract is the agreement entered into between the Client and the Translator in respect of the Assignment;
d) the Translator is the party accepting the Assignment;
e) the Source Language is the language in which the text to be translated is written;
f) the Target Language is the language into which the text to be translated is to be written; any text to be revised or edited will also be in the target language.
These terms and conditions are intended:
a) as a basis for executing Assignments and will be made available to Clients on request; and
b) to form the basis of a good working relationship between the Client and the Translator.
An Assignment shall not be considered as agreed and confirmed until a signed Contract has been exchanged between the Translator and the Client.
5. Force majeure
5.1 If unavoidably prevented from completing the Assignment, the Translator will notify the Client of the circumstances, which shall entitle the Client and Translator to withdraw from the contract. The Client shall pay the Translator for any work completed and in consultation with the Client, use reasonable endeavours to source a replacement Translator of equivalent competence and qualifications.
6.1 Fees/rates shall be agreed before the Assignment is commenced and any quotation based on the Client's description of the work shall only be binding once full details of the Assignment and the requirements have been confirmed in writing.
6.2 If it emerges after the Assignment has commenced that not all the relevant information has been provided and/or if there are any changes to the requirements, the Translator may vary the fees/rates accordingly.
6.3 The Translator will not provide free “test” translations.
7.1 All work must be paid for and payment shall be made within 30 days of the date of the invoice issued by the Translator to the Client.
7.2 In the case of long Assignments, the Translator may require payment in instalments.
In the event that the Assignment is cancelled by the Client, the Translator shall be entitled to cancellation fees as follows:
a) 50% of the fees specified, if the cancellation is received by the Translator more than 6 calendar weeks before the beginning of the Assignment;
b) 75% of the fees specified, if the cancellation is received by the Translator less than 6 calendar weeks but more than 2 weeks before the beginning of the Assignment; and
c) 100% of the fees specified, if the cancellation is received by the Translator at any time on or after the date falling 2 weeks before the beginning of the Assignment.
9. Copyright in translating
9.1 When it is agreed that copyright is to be assigned to the Client after translation, such copyright shall only be assigned when full payment for the Assignment has been received. Until such time, the copyright shall be owned by the Translator.
9.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.
9.3 If the Translator assigns copyright and the translation is subsequently published, the Translator expects the Client to acknowledge their work in the same way as for others involved in the publication, unless otherwise agreed (for example, in the case of promotional material).
9.4 If the translation is to be incorporated in a translation memory, the Translator shall license use of the translation for this purpose.
9.5 If the translation is in any way amended or altered without the Translator's written permission, the Translator shall not be in any way liable for the amendments made or their consequences.
10.1 The Code of Professional Conduct of the Chartered Institute of Linguists (see footnote) requires Translators who are CIOL members to treat all work performed by them or any third parties (e.g. checkers, proofreaders) and any information given to them as confidential.
10.2 The Client shall not, without the express written consent of the Translator, disclose to third parties any information relating to her fees.
10.3 The Translator will not make copies in addition to those required in the normal conduct of business and copies shall be for internal use only. Only such copies shall be retained as are required for professional indemnity insurance.
Any complaint by the Client about the Translator’s work shall be submitted to the Translator within 7 days.
12.1 Neither party shall, under any circumstances whatsoever, be liable to the other, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, for any:
a) loss of profit;
b) loss of goodwill;
c) loss of business;
d) loss of business opportunity;
e) loss of anticipated saving;
f) loss of corruption of data or information; or
g) special, indirect or consequential damage, suffered by the other party that arises under or in connection with the Contract.
12.2 Without prejudice to clause 12.1, the Translator’s total liability arising under or in connection with the Contract, whether in contract, tort (including negligence) or restitution, or for breach of statutory misrepresentation, or otherwise, shall in all circumstances be limited to the amount of the fees payable by the Client to the Translator pursuant to the Contract.
Rules applying to members of the Chartered Institute of Linguists
The Chartered Institute of Linguists is a professional body of qualified linguists. To be admitted to any of its grades, members have to undergo stringent admission criteria and, once admitted, they are governed by a Code of Professional Conduct, a copy of which is available from www.ciol.org.uk. The Institute will investigate complaints about any alleged breaches of that Code and every CIOL member will be bound by it. However, the Institute is not involved in these terms and conditions or any contract between the Translator and the Client and will accept no liability in connection with these terms and conditions or any contract between the Translator and the Client.