Terms of Business
These Terms of Business are issued by
Erika Forni García and are the basis on which she executes translation
and related work.
1. Role of the Institute of
Linguists
The 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 on request. The Institute will investigate
complaints about any alleged breaches of that Code and as a Member I
am bound by it. However, the Institute is not involved in the contract
between the Translator and his Client.
2. Applicable law
These Terms of Business shall be
interpreted in accordance with United Kingdom law, to which both my
Client and I agree to submit in the event of any dispute.
3. Definitions
In these Terms of Business:
a) the Client is the person or
corporate body that places a commission;
b) the Translator (I/me/my) is the practitioner who accepts the
commission;
c) 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 or associated work;
d) the source language is the language in which the text to be
translated or abstracted is written;
c) 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.
f) 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 only, etc), method of delivery, any special
terminology to be used, whether proof-reading/checking will be done by
the client, etc.
4. Purpose
These Terms of Business are intended:
a) as a basis for executing commissions
and will be made available to my Client(s) on request;
b) to form the basis of a good working relationship between Clients
and myself as Translator.
5. Acceptance
Having regard to my other commitments,
I shall not be obliged to accept a commission if the Client asking for
a quotation fails to place the work within 30 days.
6. Delivery date(s)
Delivery date(s) shall be binding only
when I have had full sight of the material to be translated. They may
be subject to alteration if any amendment is made to the requirements
after the commission has been placed. The Client undertakes to deliver
the commission promptly to me. I shall not be held responsible for any
loss, damage or late delivery of finished work due to the postal or
telecommunication services or to force majeure (see Clause 15).
7. Fees
7.1 Fees/rates shall be agreed before
work is commenced and any estimate based on the Client’s description
of the work shall not be binding until I have submitted a quotation
based on full sight of the commission.
7.2 Fees/rates may be varied after work has commenced if it emerges
that not all the relevant information has been provided and/or if
there are any changes to the requirements.
7.3 The basis on which fees are calculated shall be agreed before work
commences, as shall the charges to be made for any additional
requirements (e.g. special delivery, courier charges).
7.4 All work must be paid for. Since I am a qualified member of the
Institute of Linguists, I reserve the right to refuse free "test" translations.
8. Payment
8.1 Payment shall be made within 28
days of date of invoice.
8.2 In the case of long commissions, I may require payment in
instalments.
9. Cancellation
9.1 Cancellation fees shall apply if a
commission is cancelled 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 for all work
completed up to the cancellation date and for all other costs and
expenses which may accrue as a result of such cancellation in addition
to 65% of the agreed/estimated fee based on the rate specified in 7.3,
unless otherwise agreed.
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 my agreement.
11. Original text copyright and
translation rights
11.1 If the source language text is
copyright, I shall only accept the commission on the understanding
that the Client
a) has obtained the translation rights or
b) will be using the translation only for private study.
11.2 The Client shall hold the
Translator harmless from any claim for infringement of copyright
and/or translation rights and also from any legal action which may
arise from the contents of the original.
12. Copyright in translation
12.1 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.
12.2 Copyright may subsist in material in written or spoken form or
recorded in electronic form (e.g. on floppy disc).
12.3 If I assign copyright and the translation is subsequently
published, I expect the Client to acknowledge my work in the same way
as for others involved in the publication, unless otherwise agreed
(for example, in the case of promotional material).
12.4 If the translation is to be incorporated in a translation memory,
I shall license use of the translation for this purpose.
12.5 If my translation is in any way amended or altered without my
written permission, I shall not be in any way liable for the
amendments made or their consequences.
13. Confidentiality
13.1 The Code of Professional Conduct
(Clause 5.6) of the Institute of Linguists requires me as the
Translator to treat all work entrusted to me in complete
confidentiality. In accordance with the requirements of that Code, I
will not make direct contact with my Client's clients without the
express permission of my Client.
13.2 As the Translator, I shall 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.
13.3 As required by the Code of Professional Conduct (Clause 5.6) of
the Institute of Linguists, as the translator, I shall ensure that the
need for confidentiality is made known to any third parties (typists,
checkers, proofreaders, etc.) I shall employ. When necessary, I shall
consult with colleagues about problems of terminology and other
linguistic matters, but I shall ensure in all cases that there is no
disclosure of confidential material.
13.4 The Client shall not disclose to third parties any information
relating to me or my business (e.g. fees, working methods, names and
addresses/telephone numbers of individuals (e.g. typists/proofreaders)
executing work for me) without my permission.
14. Responsibility and Liability
I shall carry out the translation with
reasonable skill and care and in accordance with the Code of
Professional Conduct of the Institute of Linguists. I shall endeavour
to ensure that the translation is suitable for its agreed purpose and
target readership.
15. Force Majeure
In the event of my being unable to
complete the work within the agreed time as a result of Force Majeure
(i.e. fire, storm, tempest, flood or any other natural disaster,
industrial dispute, civil commotion, acts of war, terrorism or any
other situation beyond my control), I shall notify the Client of the
circumstances, which shall entitle the Client and me to withdraw from
the contract for the work. The Client shall pay me for any work
completed and I shall use my best endeavours to assist the Client to
place the work elsewhere or take some other remedial action.
16. Complaints
Any complaint by the Client about my
work shall be submitted to me within 14 days.
If a dispute cannot be resolved between
us, the matter shall be referred to the Institute of Linguists for
arbitration.
Any dispute about the quality of my
translations shall be submitted to the Institute of Linguists for
independent assessment.
E. & O.E.
