TERMS OF BUSINESS
These Terms of Business are issued by Elizabeth Lake and are the basis on which she executes translation and related work.
In these Terms of Business:
a) the Client is the person or corporate body that places a Commission;
b) the Commission is the assignment or work placed with the Translator by the Client and may comprise translation, abstracting, 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 contract entered into between the Client and the Translator in respect of the Commission and any requirements of the Commission;
d) the Translator is the practitioner who accepts the Commis¬sion or acts as the intermediary involving two (or more) direct and discrete translator/client contracts;
e) the source language is the language in which the text to be translated or abstract is written;
f) the target language is the language into which the text of the commission is to be translated or the abstract is to be written; any text to be revised or edited will also be in the target language;
g) for the purpose of translation and related work, requirements shall include the required layout, software, deadlines, target language, the purpose of the translation or related work (e.g. whether for publication, information), method of delivery, any special terminology to be used, whether proof reading/checking will be done by the client.
These Terms of Business are intended:
a) as a basis for executing Commis¬sions and will be made available to Clients on request; and
b) to form the basis of a good working relationship between Clients and the Translator.
A Commission shall not be considered as agreed and confirmed until a signed Contract has been exchanged between the Translator and the Client.
4. Force majeure
4.1 If unavoidably prevented from fulfilling the Commission, 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.
4.2 As a safeguard against hard drive failure or theft of computer equipment, the Translator will back up all work externally on a weekly basis.
5.1 Fees/rates shall be agreed before the Commission is commenced and any quotation based on the Client’s description of the work shall only be binding once full details of the Commission and the requirements have been confirmed verbally or in writing.
5.2 If it emerges after the Commission 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.
5.3 The Translator will not provide free “test” translations.
6.1 All work must be paid for and payment shall be made as agreed by quotation/contract or invoice.
6.2 In the case of long commissions, the Translator may require payment in instalments.
In the event that the Commission 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 less than 14 days before the beginning of the Commission;
b) 75% of the fees specified, if the cancellation is received by the Translator less than 3 days before the beginning of the Commission; and
c) 100% of the fees specified, if the cancellation is received by the Translator less than 24 hours before the beginning of the Commission.
7.1 If a client goes into liquidation or becomes insolvent the translator shall have the right to terminate a contract.
7.2 Neither the translator 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
8. Copyright in translating
8.1 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 commission has been received. Until such time, the copyright shall be owned by the Translator.
8.2 Copyright may subsist in material in written or spoken form or recorded in electronic form.
8.3 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).
8.4 If the translation is to be incorporated in a translation memory, the Translator shall license use of the translation for this purpose.
8.5 If the translation is in any way amended or altered without the Translators written permission, the Translator shall not be in any way liable for the amendments made or their consequences.
9.1 The Code of Professional Conduct of the Chartered Institute of Linguists 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.
9.2 The Client shall not, without the express written consent of the Translator, disclose to third parties any information relating to his/her fees.
9.3 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.
10.1 Any complaint by the Client about the Translator’s work shall be submitted to the Translator within the 7 days.
11.1 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.
11.2 Without prejudice to clause 11.1, 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 invoices due for the work
12. Role 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 of Business or any contract between the Translator and the Client and will accept no liability in connection with these Terms of Business or any contract between the Translator and the Client.
13. 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.