Terms and Conditions
These general Terms of Business form the basis of contract between Skopos24 (registered number XXX, having its registered office at XXX), hereinafter referred to as the “TRANSLATION AGENCY” or "the agency", and the Client. These terms only provide a background framework; the details of an assignment will be specified in the order. The terms of the order constitute the special terms of the contract and prevail over the general terms.
1. Copyright in Source Material and Translations
(1) The TRANSLATION AGENCY accepts an order from the Client on the understanding that performance of the translation task will not infringe any third party rights.
(2) In the absence of a specific written agreement to the contrary, copyright in the translation remains the property of the TRANSLATION AGENCY.
(3) If a translation is in any way amended or altered without the written permission of the TRANSLATION AGENCY, the agency shall not be in any way liable for amendments made or their consequences.
2. Fees
(1) The fee to be charged shall be determined by the TRANSLATION AGENCY on the basis of the Client’s description of the source material / assignment and any instructions given by the Client. An estimate shall not be considered contractually binding, but given for guidance or information only.
(2) No fixed quotation shall be given by the TRANSLATION AGENCY until the agency has seen or heard all the source material / the interpreting assignment has concluded and has received firm instructions from the Client.
(3) Translation and proofreading rates are quoted per 1000 words. Minimum payment for short texts up to 400 words applies. Discounts will be considered for volume offers. Supplementary charges apply to orders exceeding 1600 words per day, work performed outside normal office hours (Monday to Friday, 08.00 to 18.00) and on recognised public holidays. The details shall be agreed in advance.
(4) Interpreting rates are quoted per hour, per day or half-day. The TRANSLATION AGENCY will always try to obtain an estimated duration from the Client for any assignment. Travelling time to and from the assignment and travel expenses shall be charged to the Client. Supplementary charges apply to work performed outside normal office hours (Monday to Friday, 08.00 to 18.00) and on recognised public holidays. The details shall be agreed in advance.
(5) For the purposes of clause 2 (4), a minimum payment of one hour applies to any assignments booked for up to one hour. Thereafter, assignments are payable in 15 minute blocks rounded up to the nearest 15 minutes.
(6) For the purposes of clause 2 (4), if an assignment is expected to last longer than one hour, the TRANSLATION AGENCY shall be paid for the full booked duration. Thereafter, assignments are payable in 15 minute blocks rounded up to the nearest 15 minutes.
(7) For the purposes of clause 2 (4), any time spent waiting after the stated appointment time shall be charged at the same rates as interpreting time.
(8) Any fee agreed for a translation / interpretation which is found to present latent special difficulties of which neither party could be reasonably aware at the time of offer and acceptance shall be renegotiated, always provided that the circumstances are made known to the other party as soon as reasonably practical after they become apparent.
(9) Costs of delivery of the translation shall normally be borne by the TRANSLATION AGENCY. Where delivery requested by the Client involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the Client.
(10) Other supplementary charges, for example those arising from:
· discontinuous or handwritten text, complicated layout or other forms of layout or presentation requiring additional time or resources, and/or
· poorly legible copy or poorly audible sound media, and/or
· terminological research, may also be charged.
The nature of such charges shall be agreed in advance.
(11) If any changes are made in the text or the Client’s requirements at any time while the task is in progress, the TRANSLATION AGENCY’s fee, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
3. Delivery
(1) Any delivery date or dates agreed between the TRANSLATION AGENCY and the Client shall become binding only after the agency has seen or heard all of the source material to be translated and has received complete instructions from the Client.
4. Payment
(1) Payment in full to the TRANSLATION AGENCY shall be effected not later than 28 days from the date of invoice by the method of payment specified.
(2) For long assignments or texts, the TRANSLATION AGENCY may request an initial payment and periodic partial payments on terms to be agreed.
(3) Settlement of any invoice, part-invoice or other payment shall be made by the due date agreed between the parties or in the absence of such agreement within the period stipulated in clause 4 (1).
(4) Interest shall automatically be applied at the rate of 8% per annum over base rate to all overdue sums from the date on which they first become due until they are paid in full.
(5) Where delivery is in instalments and notice has been given that an interim payment is overdue, the TRANSLATION AGENCY shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed. This action shall be taken without prejudice to any sums due and without any liability whatsoever to the Client or any third party.
5. Confidentiality and Safe-keeping of the Client’s Documents
(1) The TRANSLATION AGENCY 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, translations thereof or any information discussed during a given assignment without the express authorisation of the Client.
(2) Nevertheless a third party may be consulted over specific translation terminology queries, provided that there is no disclosure of confidential material.
(3) The TRANSLATION AGENCY shall be responsible for the safe-keeping of the Client’s documents and copies of the translations, and shall ensure their secure disposal.
6. Cancellation and Frustration
(1) If a translation task is commissioned and 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 except in the circumstances described in clause 6 (3) pay the TRANSLATION AGENCY for any work completed unless otherwise agreed in advance. The work completed shall be made available to the Client.
(2) If an interpreting task is commissioned and subsequently cancelled, less than 24 hours before the scheduled appointment time, the Client shall except circumstances described in clause 6 (3) pay the TRANSLATION AGENCY the applicable minimum payment, excluding any travel fee, as set out in the order.
(3) Neither the TRANSLATION AGENCY nor the Client shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party.
(4) The TRANSLATION AGENCY shall notify the Client as soon as is reasonably practical of any circumstances likely to prejudice the agency's ability to comply with the terms of the Client’s order, and assist the Client as far as reasonably practical to identify an alternative resolution.
7. Best Price Guarantee
(1) Offer valid from 1st October 2015 until further notice.
(2) Offer relates only to translation and transcription services provided by firms registered in the United Kingdom.
(3) If the Client finds an offer for a lower gross price and on the same conditions within 24 hours of placing an order with the TRANSLATION AGENCY, the agency shall match the cheaper offer and the Client will also receive a 10% discount on the next order.
(4) In order to benefit from the offer, the Client must provide a written confirmation of the cheaper offer (e.g. email or screenshot).
8. Complaints and disputes
(1) Any complaint in connection with a translation / interpreting task shall be notified in writing to the TRANSLATION AGENCY within 14 days of the date of delivery of the translation / interpretation.
(2) The TRANSLATION AGENCY shall be given one opportunity to bring the work up to the required standard.
(3) Any disputes arising between the TRANSLATION AGENCY and the Client shall be resolved in accordance with Scottish law.
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