Conditions
of Business (Sales) as at December 2009
1. Translation
Services
'Translation Services' means the rendition of a text from one language into
another, as requested by the Client.
1.1
Qualifications of Translator
Lucy Brooks is a qualified, professional translator, translating only into her
native language of English, with experience in the field from which the text
has been taken. In certain extremely urgent cases, where a delay would
prejudice the Client’s business, and with the agreement of the Client,
straightforward and relatively short translations (faxes, memos, e-mails etc.)
may be undertaken in-house in the opposite language direction.
1.2 Technical
Subjects
If the field from which the text has been taken is a specific technical field,
the Client is urged to provide as much background information as possible, in
the form of web sites, glossaries, previous material (where such exist) in
order to assist the translator in providing a correct rendition of a text. In
cases of doubt, Lucy Brooks Translations will seek to clarify a specific
technical term or concept directly with the client. The aim of this is to
provide a proper and accurate rendition of the original. However it is
understood that even an experienced technical translator may not necessarily be
familiar with every detail of the subject. Where the translation is destined
for publication or for legal purposes, it is recommended that the Client should
arrange for an additional expert in the field to check the translation locally
for current Client-specific terminology prior to publication. We also urge
Clients to provide feedback with regard to specific technical terms so that
these can be incorporated into our database of terms
.
1.3
General Subjects
Where possible, the Client should give Lucy Brooks Translations
sufficient background (explanation of business situation, web sites, previous
correspondence) to the translation in question to enable the translator to
place the text in context. This is particularly important for short
translations, where the context is not immediately clear.
2. Delivery
dates
A date for delivery should always be agreed with Lucy Brooks Translations prior
to issuing a translation order. Lucy Brooks Translations is often unable to
begin a Client's work immediately. Lucy Brooks Translations will always try to
be flexible in order to meet a particularly urgent deadline, but in general
Clients should give as much notice of the need for translation work as possible
and relevant to the amount of work involved.
2.1
Overdue deliveries
Lucy Brooks will keep the client informed in the unlikely event that
the agreed delivery date may not be met.
2.2
Force Majeure
Lucy Brooks Translations shall not be liable in the event that an event
or situation beyond its control occurs that prevents the translation from being
delivered by the agreed date. In such an event Lucy Brooks Translations will
make every effort to supply the work as quickly as possible thereafter. Force
majeure includes power failures, illness of translators, transportation delays,
equipment failures (including Internet and e-mail failures) and acts of God
such as flood, fire etc. This list is not exhaustive.
3.
Delivery
Translations are delivered to the client by a method agreed at the time
of the order. These may include: attachment to an e-mail, post, file transfer
system, by hand, or by fax. Clients are requested to acknowledge safe receipt,
particularly of e-mailed translations. However a translation is deemed to have
been received by the Client even if it is not acknowledged, unless Lucy Brooks
Translations is advised by the Client's server that it was not possible to
deliver the message with the attachment. In such cases, Lucy Brooks will
telephone the Client, who should make arrangements for an alternative address
or method of delivery to be provided.
4.
Invoicing system
French, German, Spanish into English
As a general rule, such translations are invoiced by the number of target words
(English)
.
5 VAT
VAT at the applicable rate is applicable to all invoices to Clients
based in the United Kingdom. No VAT is applied to invoices to Clients based in
the European Union with a valid VAT registration number, or to Clients outside
the European Union. This provision may change in the event of a change in
legislation.
6.
Liability
While Lucy Brooks Translations uses its quality control procedure to
check and recheck translations for accuracy, content and style before delivery,
and every effort is made to impart an appropriate style, no liability can be
accepted for any inadvertent inaccuracy in the translation, nor for any fine
distinctions in tones or grades of vocabulary used, nor writing styles
employed. It is understood that a translation is, to some degree, a creative
piece of work, and one person may choose a term or style that another person
may not like.
7.
Confidentiality
All texts submitted to Lucy Brooks Translations for translation are
handled in confidence, and not divulged to a third party, except at the written
request of the originating client.
8.
Safeguarding
Completed translations are kept in Lucy Brooks Translations' archives
for a minimum of six months from the date of delivery. A computer back-up
system is in place.
9.
Payment conditions
Invoices are issued shortly after delivery of a translation and by
latest end of the month of delivery, and are payable within 30 days of receipt
without reminder. Lucy Brooks Translations reserves the right to apply interest
to any outstanding amount after 30 days
.
10.
Grievances
Clients must make known to Lucy Brooks Translations, in writing, any
grievance they may have in regard to a translation delivered as soon as they
become aware of such grievance. No grievance will be considered until Lucy
Brooks Translations has had an opportunity to study the complaint. Lucy Brooks
Translations shall not be held liable for any changes made by the end client to
translations, nor for any error (such as a typing error) that may be considered
extremely minor in nature. Should an error prove to be major in nature
(mistranslation etc.), Lucy Brooks Translations reserves the right to call in
an independent adjudicator to assess the extent to which such an error might
have affected the end client.
11.
Property rights and Copyright
Completed translations do not become the property of the Client until
paid for in full. Lucy Brooks Translations reserves the right to maintain
copies of the translation either in whole or in part, in electronic format, for
future reference. Such copies are built into a database of professional
knowledge and expertise. It is the responsibility of the Client to ensure that
the Client has the right to commission the translation of the text sent for
translation and indemnifies Lucy Brooks Translations against any breach of
copyright law.
.