Karine's Languages & Administrative Services © 2017

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Terms & Conditions

Terms & Conditions

Providing high quality linguistic services throughout South West England and beyond

KARINE’S LANGUAGES AND ADMINISTRATIVE SERVICES

 

TERMS AND CONDITIONS FOR BOOKING TRANSLATIONS:

1. The Business

The following represent the terms and conditions of Karine Chevalier-Watts trading as Karine’s
Languages and Administrative Services (KLAS Languages) and are the basis on which
translations, proofreading and related work is carried out by the business.

2. Applicable law

These Terms and Conditions are governed by English law and this law is the relevant jurisdiction
in the event of any dispute.

3. Definitions

In these Terms of Business:
 
a) the Client is the person or corporate body that commissions work.
 
b) the service provider is Karine Chevalier-Watts trading as Karine’s Languages and
Administrative Services and/or any other member of the team.
 
c) the commission is the assignment or work placed with the business by the Client and may
comprise translation, correcting, revising/editing translations, proofreading or any other similar or
associated work;
 
d) the source language is the language in which the text provided by the client and to be
translated is written;
 
e) the target language is the language into which the text of the commission is to be translated;
any text to be revised or edited will also be in the target language;
 
f) In order for the business to carry out its services, clients’ instructions should include the
following where relevant: the required layout, software, deadlines, target language, the purpose
of the translation or related work (for example: whether for publication, information only etc.),
method of delivery, any special terminology to be used…). This list is not exhaustive and is by
way of example only.
4. Purpose

These Terms of Business are intended:
 
a) as a basis for executing commissions.
 
b) to form the basis of a good working relationship between clients and the business.

 

5. Acceptance

Having regard to its other commitments, the business is not be obliged to accept a commission if
the client asking for a quotation fails to place the work within 5 days from the date of the said
estimate/quotation.
 
6. Delivery date(s)
 
Delivery dates shall be binding only when the business has had the opportunity to see all of the
material to be translated. They may be subject to alteration if any agreed amendments are made
to the initial instructions after the commission has been placed.


  • Delivery dates shall only be binding if the business has had the opportunity at the time of estimating or quoting to see all the documents to be translated together with any other relevant material.

  • Said delivery dates may be subject to alteration if the business and the client agree in writing to the amendment of any initial instructions further to the commission having been placed.

  • The business shall not be held responsible for any loss, damage or late delivery caused by either postal or electronic issues or due to force majeure (see Clause 15).

  • Delivery times will be agreed in writing between the business and client.

 


7. Fees

7.1 Fees shall be agreed in writing between the company and the translator and the translator should not commence work until this agreement has been made.
 
7.2 Fees may have to be negotiated after work has commenced if it emerges that the
client requires certain changes to their initial instructions; at which point the business and the client will have to reach an agreement whether or not it agrees to the said proposed amendments. The company will then have to decide together with the client whether or not the proposed amendments are so extensive that a new contract should be agreed between them.


7.3 The basis on which fees are calculated shall be agreed before work commences, as shall the
charges to be made for any special requirements (for example: special next day delivery, courier
charges).

 

7.4 The company will not provide the client with any quotation or estimates until the business has received clear and complete instructions from the client which includes the actual document to be translated and any relevant reference materials.

 

7.5 Any fee agreed for a Translation which is found to present latent special difficulties of which neither the business nor the client could be reasonably aware at the time of offer and acceptance shall be renegotiated, always provided that the circumstances are made known in writing to the other party as soon as reasonably practicable after they become apparent.  
 
7.6 Any estimates or quotations provided by the business to the client shall remain valid for the period specified in the said estimate or quotation after which time it may be subject to review.

 

7.7 Additional charges may be imposed with the client’s agreement in certain circumstances such as (but not exhaustive):

 

  • Discontinued text, complicated layout of other forms of layout or presentation requiring additional time or resources, and/or poorly legible text;

  • Formatting of documents;

  • Translation of text contained in graphics, images, graphs, stamps, seals or similar and formatting in connection with the same;

  • Terminological research;

  • Subject-matter research;

  • Providing a translator’s certificate;

  • Proofreading by an independent proofreader;

  • Priority work or work completed outside agreed working hours, Friday 5pm to Monday 9am, and UK bank holidays hours in order to meet the Client’s deadline or other requirements; and/or,

  • Any documents to be delivered by any other format which is not electronic to and/or sent from the Translator’s business address that the Client requires to be insured, and any costs relating to the said documents, are at the Client’s cost.

 


8. Payment
 
8.1 Payment shall be made in accordance with the date of payment stated on the invoice or if
none stated, within 30 days of the date of the invoice.

8.2 Daily interest will be applied automatically at the rate of 8% over the bank’s base rate (or such rate as is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full (Late Payment of Commercial Debts (Interest) Act 1998).
 
8.3 At the company’s discretion, with the client’s agreement in writing, in the case of long commissions, the business may require payment by instalments. Should
an interim payment be overdue, the business will have the right to immediately stop the work
until the outstanding payment has been made or other terms agreed.

 

8.4 At the company’s discretion, the client may be required to pay a deposit prior to work being commenced by the company in such an amount as shall be agreed between the company and the client. Upon receipt of the said deposit the company will now commence the translation work.

9. Cancellation

9.1 Cancellation fees shall apply if a commission is cancelled by the client after work has
commenced.
 
9.2 In the event of cancellation of the commission by the client after it has been placed, the client
shall be liable to pay for all work completed up to the cancellation date and for all other costs and
expenses which may have accrued as a result of such cancellation.

9.3 Where the client has gone into liquidation or has entered in a voluntary liquidation
agreement or where a receiver has been appointed or becomes insolvent or bankrupt or enters into a voluntary arrangement with creditors the business shall have the right to terminate its contract with the client.

 

9.4 If a translation assignment is commissioned where the word count is 5000 words or more and subsequently the client cancels, a cancellation fee shall appl.  The amount of such a cancellation fee is shall be agreed in writing between the business and the client prior to any work being commenced on the assignment.
 
10. Intended use of translation

The intended use of the translation shall always be agreed and stated. The client shall not use
the translation for any other purpose without the business’ permission.
 
11. Original text copyright and translation rights
 
11.1 If the source language text is copyrighted, the business can only accept the commission on
the understanding that the Client:
 
a) has already obtained the translation rights or
 
b) will be using the translation if legally entitled to do so.
 
11.2 The client shall hold the business harmless from any claim for infringement of copyright
and/or translation rights and also from any other legal action which may arise.

12. Copyright in translation


12.1 When it is agreed that copyright in the translation is to be assigned to the client after
delivery of the translation, the said copyright shall only be so assigned when the business has
received full payment for the commission. Until such time, the copyright shall be owned by the
business.
 
12.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.
 
12.3 If the business assigns copyright and the translation is subsequently published, the
business expects the Client to acknowledge the business’ work in the same way as for any other
third parties involved in the publication, unless otherwise agreed.

12.4 If the business’ translation is in any way amended or altered without the business’ prior
written permission, the business shall not be liable for the said amendments and/or their
consequences.
 
13. Sub-Contractors

The business reserves the right to appoint a third party to carry out assignments on its behalf.
 
14. Responsibility and Liability

14.1 The business shall carry out the translation work with all reasonable care and skill and shall
endeavour to ensure that the said translation is fit for its agreed purpose and agreed target
readership in accordance with the Client’s instructions.

 

14.2 All translation work shall be carried out in accordance with these terms and conditions and also in accordance with the CIOL’s Model Terms of Business for Translators.

 

14.3 It is the translator’s responsibility to carry out appropriate background and terminology research as regards the assignment in question. In the event of specialised subject matters, the translator should endeavour to properly research the relevant specialist subject to aid comprehension and to produce targeted specialised terminology. The company will make every effort to obtain as much specialist background material from the client as possible and will make this available to the translator.
 
15. Cancellation, Frustration, Force majeure

15.1 In the event of the business being unable to complete the translation assignment within the
agreed time as a result of force majeure (for example: fire, storm, tempest, flood or any other
natural disaster, industrial dispute, civil commotion, acts of war, terrorism), as soon as it is reasonably practicable, the business shall notify the client of the circumstances, and the business and the client will then decide together how to  progress the said assignment if realistically possible to do so. The client shall pay the business pro rata for any work completed before the said termination.

 

15.2 The business shall notify the Client so far as is reasonably practicable of any circumstances likely to prejudice the business’ ability to comply with the terms of the client’s order.

The business shall make all reasonable efforts to try to resolve any reasons for non-compliance.


16. Complaints


16.1 Should the client have any complaints about the business’ work, such complaints should be
submitted in writing to the business immediately and in any event no later than 14 days after
delivery of the completed assignment.

 

16.2

In the event of a complaint (complaints) from the end client it shall be at the company’s discretion whether or not firstly the company notifies the relevant translator about the reason for the said complaint and secondly, whether or not the company authorises the translator to contact the end client direct to discuss with a view to resolving the complaint if possible.

 

16.3

If the Parties are unable to resolve the complaint between themselves, the matter may be referred by either Party with the other Party’s written consent to the Chartered Institute of Arbitrators (CIA) or any such other body which is likewise agreed in writing between the Parties. Such referral shall be made no later than one month from the date on which the original complaint was made. All relevant fees of that body are to be shared equally between the parties.

 

16.4

If a dispute cannot be resolved amicably between the Parties, or if either Party refuses to accept arbitration, the dispute shall be subject to the exclusive jurisdiction of the Courts of England and Wales. In any event these Terms of Business shall be construed in accordance with the law of England and Wales.

 

17 Applicability and Integrity

17.1

It is the client’s responsibility to ensure that they have read and understood these company’s terms and conditions.

17.2  No waiver of any breach of any condition in these Terms of Business shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

18 GDPR

The company is compliant with the requirements of GDPR.

The company will share personal information with law enforcement or other authorities if required by applicable law.

We will only share your personal information with any third party for legitimate reasons.

 

Under the GDPR you have a number of important rights such as:

-fair processing of your personal information by the company and transparency by the company when using your personal information.

-request access to your personal information

-request correction of the personal information that the company holds about you.

This enables you to correct any incomplete or any inaccurate information we may hold about you.

Your rights:

Request erasure of your personal information. This enables you to ask us to delete or remove your personal information when there is no good reason for us to continue to hold it. Such a good reason would be for example that the company’s insurers, lawyers and / or HMRC require the company to hold such personal information for certain specified time periods.

If you have any questions or would like any more information about the company’s GDPR compliance please contact the company by email at: karine@klaslanguages.co.uk.




 

TERMS AND CONDITIONS FOR BOOKING INTERPRETERS

 

1.  Applicable law

These Terms and Conditions shall be governed and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the Courts of England & Wales in the event of any dispute.

2. Definitions:

2.1 The Client means any individual or company who has booked the business’ interpreter(s).

2.2 The Contract means the agreement between the business and the Client whereby the Client accepts these terms and conditions and the contents of the Purchase Order.

2.3 The Interpreter means the individual(s) providing interpreting services to the Client.

2.4 The Interpreting Assignment means the provision of interpreting services by the Interpreter(s) to the Client in accordance with the Contract.

2.5 Should the Client also require translation services during the Interpreting Assignment this must be expressly agreed in writing with the business in advance of the assignment.

3. The Client’s obligations:

3.1 The Client shall co-operate with the business in order to ensure that the purchase order and the assignment’s details are as complete and accurate as possible in terms of date, time, venue and any special instructions.

4. Fees and payment:

4.1 Fees will include the relevant rate agreed for the interpreting time, travel time, travel expenses, taxi fares, parking fees, subsistence, accommodation and any other similar supplementary expenses where relevant.

4.2 The business shall invoice the Client at the end of each Interpreting Assignment and where there is a series of bookings for the same client interim invoices may apply.

4.3 Payment shall be made in accordance with the date of payment stated on the invoice or if none stated, within 30 days of the date of the invoice.

4.4 Daily interest will be applied automatically at the rate of 8% over the bank’s base rate (or such rate as is determined by statute, the latter prevailing) to all overdue sums from the date on which they first become due until they are paid in full (Late Payment of Commercial Debts (Interest) Act 1998).

5. Cancellation:

5.1. If for any reason at any time prior to the commencement of the commissioned Interpreting Assignment the Client cancels the commissioned Interpreting Assignment the Client must give immediate written notice to the business of such a cancellation; failure to do so shall render the Client liable to pay cancellation fees.

5.2 If the Client gives from 7 to 14 days’ notice of such a cancellation, 50% of the fees shall be payable by the Client.

5.3 If the Client cancels on the day of the assignment for any reason, 75% of the agreed fees shall be payable by the Client to the business.

5.4 No discount shall be applied if the Interpreting Assignment is completed in less time than the Interpreter was booked for in accordance with the agreed minimum hours relevant to the assignment.

5.5 In case of the business or the Interpreter being unable to complete the interpreter assignment because of Force Majeure, the business shall notify the Client without delay indicating the circumstances. Force Majeure shall entitle both the business and the Client to terminate and / or reschedule the said assignment.

6. Confidentiality:

6.1 Any materials provided by the Client to the business for the purposes of the Interpreting Assignment are deemed to be confidential.

6.2 Confidential information will only be disclosed where required by law.

 

6.3 If required the Client shall supply the business with an appropriate non-disclosure agreement for signature.

7. Satisfaction with services:

7.1 If the Client is dissatisfied with the interpreting service provided (and other related translation work), the Client should make their complaint known in writing as soon as possible and the business will make every effort to carry out appropriate enquiries.

7.2 The Client acknowledges that interpreting and translating are subjective processes and as a result different vocabulary and sentence structures may be used depending on the interpreter/translator involved. These may differ from how the Client would have interpreted/translated the relevant assignment. Where specific terminology is involved in the assignment the Client should provide reference materials and glossaries and any other sector specific information to assist the interpreter/translator. It is the responsibility of the Client to inform the business of any terminology preferences in writing in the Client’s order.

8. The business’ responsibility and liability:

8.1 If the Interpreter is unable to attend the said assignment for any reason, the business will attempt to replace the said interpreter with another who has equal experience and/or qualifications. However, this will not always be possible especially on very short notice.

8.2 The business shall not demand fees if, for the reason set out in 8.1, the business’ interpreter is unable to attend an Interpreting Assignment and the business has not been able to provide a replacement interpreter. Likewise, the business will not be liable for any of the Client’s expenses, costs, fees, liabilities relating to the assignment.

9. The Client’s responsibility and liability:

9.1 Unless otherwise agreed by the business, the Client agrees (and for the purposes of this clause also any associated companies of the Client) that it shall not, for a period of one year after termination of the Contract, either directly or indirectly, on its own account or for any other person, firm or company, solicit, employ, endeavour to entice away from the business or use the services of the interpreter(s)/translator(s) who completed the interpretation/translation assignment.

9.2 In the event that the Client requires the business and/or the business’ interpreter(s) to provide the services on the Client’s premises or any other premises, the Client shall indemnify the business and the business’ interpreter(s) and keep the business and business’ interpreter(s) indemnified from all losses, damages, injury, costs and expenses of whatever nature suffered to the extent that the same are caused by or related to any failure on the Client’s behalf to:

-assign members of staff with suitable skills and experience.

-provide such access to premises, interpretation systems and other facilities which may be reasonably required.

-ensure that all necessary safety and security precautions are in place at the designated premises.

-provide such information as may be reasonably required by the business to carry out its duties under the Contract and ensure all such information is correct and accurate.

10. Copyright:

10.1 The interpretation is the intellectual property of the Interpreter and is therefore covered by copyright law. Before the Client attempts to record the Interpreter, both the written consent of the business and the Interpreter must be sought in advance of the assignment.

 

TERMS OF BUSINESS FOR TUITION

   1. Fees:

The payment agreed for the lesson must reach the business’ bank account not less than 24 hours prior to the time fixed for the lesson.

 

   2. Cancellations:

Any lessons cancelled by the student with less than 24 hours’ notice will result in a full charge. The business may waive this requirement but only in exceptional circumstances. If the tutor is obliged to cancel a lesson, the lesson will be rearranged for a time that is mutually convenient for both student and tutor.

 

In the event of repeated cancellations by the student with less than 24 hours’ notice, the company will reserve the right to terminate any future lessons.

 

   3. Termination of Lessons:

Lessons will continue until a mutually agreed termination date. Both the tutor and the student (or the student’s parent or guardian) reserve the right to terminate lessons should they no longer be considered beneficial to the student.

 

   4. Limitation of Liability:

While the tutor will endeavour to ensure that the student makes satisfactory progress, this cannot be guaranteed, and the tutor cannot be held accountable for the academic success or otherwise of the student. To the maximum extent permitted by law, the tutor accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the tutor’s services or any errors or omissions in the content of the tutor’s learning materials.

 

   5. The client’s responsibility and liability:

   5.1 Unless otherwise agreed by the business, the client agrees (and for the purposes of this clause also any associated companies of the client) that it shall not, for a period of one year after termination of the contract, either directly or indirectly, on its own account or for any other person, firm or company, solicit, employ, endeavour to entice away from the business or use the services of the tutor from the tutoring assignment.

   5.2 In the event that the Client requires the business and/or the business’ tutor to provide the services on the Client’s premises or any other premises, the Client shall indemnify the business and the business’ tutor and keep the business and business’ tutor indemnified from all losses, damages, injury, costs and expenses of whatever nature suffered to the extent that the same are caused by or related to any failure on the Client’s behalf to:

-assign members of staff with suitable skills and experience.

-provide such access to premises, tuition systems and other facilities which may be reasonably required.

-ensure that all necessary safety and security precautions are in place at the designated premises.

-provide such information as may be reasonably required by the business to carry out its duties under the Contract and ensure all such information is correct and accurate.

 

UNPROFESSIONAL BEHAVIOUR BY POTENTIAL CLIENTS, CLIENTS AND / OR COLLEAGUES

   1. In the event of behaviour which the company considers to be unprofessional for whatever reason, the company will decide upon an appropriate response which may involve the termination of our professional relationship.


   2. Where such behaviour is considered to be serious, for example harassment, including sexual harassment, the company may decide to report it to the police, professional membership organisations and employers where appropriate. 


   3. Harassment is a criminal offence punishable by law.


   4. The said unprofessional behaviour may have been caused by either potential clients, current clients and/or colleagues.


   5. Unprofessional behaviour may take the form of photos, unsolicited comments, messages of a personal, not professional nature, messages sent by social media and / or conventional media such as in the post, made by telephone, Skype, video links, WhatsApp, Linked In and other auditory mechanisms. 


   6. The company will immediately deal with incidents of unprofessional conduct by means of firstly arranging an internal meeting and where necessary reporting such behaviour externally to the appropriate bodies. 


   7. Where we have decided to terminate any of our professional relationships we will use all technical measures such as immediately blocking the sender’s email and other messages and the company will retain all evidence of the said unprofessional communications whether they are words or visual images including photographs, videos , emojis to be handed over to the police where necessary as evidence of unprofessional and unsolicited communication and in some cases where the material is blatantly of a pornographic nature.  


   8. The company complies with current legislation against discrimination on the grounds of race, religion, age, disability, gender, sexual orientation and will take immediate appropriate actions against any such acts of discrimination directed against any of the members of our team. Action may include reporting the said discrimination to our lawyers, to the police, professional membership org

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