GENERAL TERMS AND CONDITIONS
These terms and conditions (“Terms”) constitute a legally binding agreement between you (“Client”) and LanguageNow Limited, a company incorporated in England & Wales with number 08422025, the registered office of which is at The Courtyard, High Street, Ascot, Berkshire, SL5 7HP, United Kingdom regarding access to and use the languagenow.co.uk website or any other website operated by LanguageNow (Website) and its translation and any other services provided by LanguageNow (Services). The validity, construction and performance of these Terms shall be governed and construed in accordance with the laws of England and Wales applicable to contracts made and to be wholly performed within England and Wales, without giving effect to any conflict of laws provisions thereof.
These Terms, together with any Order (as defined below) that has been accepted by LanguageNow Ltd, constitute the whole agreement between the parties, except where the parties have otherwise specifically agreed in writing.
By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not wish to be bound by these Terms and Conditions of Service, you should not use any of the Services and you should leave the Website now.
For the purposes of these Terms, the following words and expressions shall bear the meanings shown:
Client Material(s) means any document or other materials, whether in the form of hard copies, faxes or electronic or other files that the Client transmits or otherwise provides to LanguageNow, using the Website or other means of communication, that are intended to be the subject of Services hereunder.
Order means each order or formal request by the Client for the provision of Services. Translation(s) means the Client Material(s) as translated by LanguageNow into the language(s) specified by the Client.
References in these Terms to LanguageNow shall, unless the context otherwise requires, be deemed to include subsidiaries of LanguageNow Ltd, which contracts for itself and as agent for such subsidiaries for the purposes of these Terms.
1. The charge for Translation(s) is based on word-count, language(s) or language combinations, technicality, response time, whether the Client also requests a proof reading and/or other service requested. The word-count shall be determined by LanguageNow Ltd, and such determination shall be final and non-negotiable.
2. All prices and rates quoted are subject to change without notice prior to formal acceptance by LanguageNow Ltd of any Order. LanguageNow reserves the right to charge for additional Services requested by the Client after an Order has been accepted.
3.LanguageNow Ltd will not accept any responsibility if the service selected does not meet the specific requirements of the Client.
4.The Translation(s) will remain accessible for download by the Client from the Website for a period of six months after completion unless otherwise agreed.
5.It is understood that Translation(s) will not form the substance of any legal agreement without prior review by a competent professional in the country of intended use. LanguageNow Ltd will not be liable to correct any errors or omissions that were inherent in the original Client Material(s) and which may or may not affect the quality of the Translation(s).
6.LanguageNow reserves the right to refuse to translate any Client Material(s) that is/are of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or is/are otherwise considered inappropriate by LanguageNow Ltd, in its sole discretion.
7.If the Client and LanguageNow Ltd agree that Services can be provided on account, then the following terms shall be applicable:
. (a) the first named person on the account is the authorised user, who has authority to add/remove users to the account;
. (b) additional users can be added to one account by means of the authorised user notifying LanguageNow Ltd, and such additional users shall have access to the Website and use of the Services. It is the responsibility of the Client to nominate and remove users, LanguageNow Ltd accepts no liability in relation to user access to the account; and
. (c) payment can be via multiple credit cards or by purchase order. LanguageNow Ltd will need to approve the purchase order prior to any Order being commenced and the Client agrees that LanguageNow Ltd may conduct credit card verification checks before accepting a purchase order.
8.When responding to the Client’s request for a Translation, LanguageNow Ltd will provide a quote, estimate or fee rate to the Client, or otherwise refer to the basis of charges previously agreed with or notified to the Client. By accepting the quote, estimate or fee rate, the Client accepts these Terms and authorises LanguageNow Ltd to proceed with translation of the Client Material(s).
9.If the Client fails to pay LanguageNow Ltd any sum when due pursuant to these Terms, the Order or otherwise, LanguageNow Ltd reserves the right to cancel any discount previously agreed with or offered to the Client. Also, the Client will be liable to pay interest to LanguageNow Ltd on such sum from the due date for payment at the annual rate of 2% above the base lending rate accruing on a daily basis until payment is made, whether before or after any judgment. LanguageNow Ltd reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 or under laws or regulations applicable in the country where the Client is located. If any such sum remains unpaid on the due date, all other outstanding sums payable by the Client shall become due and payable immediately.
10.Times for expected receipt of the Translation(s) are displayed at the time of order. LanguageNow Ltd will use reasonable endeavours to meet these deadlines but does not accept liability for any delay in delivery. LanguageNow Ltd reserves the right to amend the delivery date and will make all reasonable efforts to contact the Client if there is any change in the specified delivery date.
11.Unless otherwise agreed by LanguageNow Ltd, payment is due at the date of order or, if later, on the date of invoice, unless an account using an approved purchase order system has been established in which case, payment is due 30 days from the date of invoice. Accounts will normally be invoiced monthly. In the case of such accounts, LanguageNow Ltd will only accept Orders from authorised account users and LanguageNow Ltd reserves the right, but shall not be required, to validate any Order prior to any work commencing. LanguageNow Ltd reserves the right to decline any Order or to cancel any Order prior to delivery, irrespective of whether the Client is an individual or account user. Accounts using an approved purchase order system will be invoiced at the end of each calendar month for all Orders completed in the month, or at such other intervals as LanguageNow Ltd may in its sole discretion decide.
12.Payment must be in the currency stated in the relevant invoice.
13.The Client has 5 working days from receipt of the final Translation(s) to inform LanguageNow Ltd or any errors or omissions contained in the Translation(s). LanguageNow Ltd will make the necessary corrections free of charge and within a period which shall equal the period stated for the original Order.
LanguageNow Ltd warrants that Translation(s) will meet reasonable commercial standards for translation by a native-speaking translator with reasonable skill in translating the concepts and terminology of industry-specific text with, if such Service forms part of the Order, a proof- reading by a second translator.
15.Limitations on liability
The following provisions set out the entire financial liability of either party (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the other party in respect of:
(a) any breach of these Terms; and
(b) any representation, statement or tortious act or omission (including without limitation negligence) arising under or in connection with these Terms or the Services.
16.Except as expressly and specifically provided in these terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
17.Nothing in these Terms excludes the liability of either party for death or personal injury caused by such party’s negligence or for fraud or fraudulent misrepresentation.
18.Neither party shall be liable for loss of profits.
19.Neither party shall be liable for loss of business.
20.Neither party shall be liable for depletion of goodwill or similar losses.
21.Neither party shall be liable for loss of anticipated savings.
22.Neither party shall be liable for loss or corruption of data or information.
23.Neither party shall be liable for any special loss.
24.Neither party shall be liable for any indirect loss.
25.Neither party shall be liable for any consequential loss.
26.Neither party shall be liable for any pure economic loss, costs, damages, charges or expenses.
27.Each party’s total aggregate liability in contract, tort (including without limitation negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services or these Terms shall be limited to an amount equal to the amount actually paid by the Client to LanguageNow pursuant to the Order in respect of which the claim arose.
. A The Client represents and warrants that it owns or is licensee of or is otherwise lawfully entitled to possess, use, reproduce and translate the Client Material(s) and all components thereof, and that translation of the Client Material(s) and publication, distribution, sales or other use of the Translation(s) shall not infringe upon any copyright, trademark, patent or other right of any third party.
. B The Client represents, warrants and undertakes that Client Material(s) provided to LanguageNow Ltd is/are of good quality and free of errors or spelling mistakes.
. C The Client undertakes not to use any device, software or routine to interfere with the proper working of the Website or which may have a contaminating or detrimental effect on the Website.
29.In the event that the Client breaches these Terms, LanguageNow Ltd shall have the right to terminate immediately, whereupon the Client shall pay the full purchase price provided hereunder for the Services completed and for all work in progress. In the event that LanguageNow breaches these Terms, the Client shall have the right to terminate whereupon LanguageNow Ltd shall return to the Client all Client Material(s) and data supplied by the Client together with all Translation(s) that exist as of the date of termination.
30.All rights, title and interest in and to the Client Material(s) and, except as hereunder provided, the Translation(s), and any and all copyright, know-how, and trade secrets therein are and shall remain the sole and exclusive property of the Client provided that the Translation(s) and copyright, know-how and trade secrets therein shall remain the property (but not the risk) of LanguageNow Ltd until LanguageNow Ltd shall have been paid in full for such Translation(s).
31.The Client agrees and acknowledges that LanguageNow Ltd is the sole and exclusive owner of all rights, title, and interest in and to all:
(a) methodology, information, software and databases used in relation to the Website and in providing the Services, including in translating the Client Material(s), and
(b) inventions, methodology, innovations, know-how, and databases developed by LanguageNow Ltd in the course of translating the Client Material(s), including any and all patent rights, copyrights, know-how, and trade secrets therein, unless and to the extent otherwise agreed in writing between LanguageNow Ltd and the Client.
32.The nature of the work performed and any information transmitted to LanguageNow Ltd by the Client shall be confidential. LanguageNow Ltd shall not without the prior consent of the Client, divulge or otherwise disclose such information to any person other than authorised employees or sub-contractors of LanguageNow Ltd and shall procure that persons are themselves bound by equivalent confidentiality obligations. The provisions of this clause shall not apply to the extent LanguageNow Ltd is required by law, regulation or court order to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by LanguageNow Ltd.
33.LanguageNow Ltd may use software technologies (Translation Technologies) with a view to improving its services to its clients and making those services more cost-effective. LanguageNow Ltd may use existing translations to “train” the Translation Technologies so that they may perform their functions more effectively. Without prejudice to LanguageNow’s obligations under clause 32 above, the Client hereby agrees that LanguageNow Ltd shall be permitted to use the Client’s Translations to “train” the Translation Technologies.
34.The Client shall indemnify, defend and hold harmless LanguageNow Ltd, its owners, directors, officers, employees, representatives, agents, successors and assigns from and against any and all losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of or incidental to any claim, action or demand based on (i) the performance of these Terms by either party, (ii) the Client’s breach of the covenants, representations and warranties made by it herein, (iii) the manufacture, advertisement, promotion, sale or distribution of any items by the Client, (iv) any taxes and duties, levies, tariffs or like fees that may be imposed by any government or regulatory authority upon manufacture, advertisement, promotion, use, import, licensing or distribution of items by the Client, or (v) any claim that any element of the Translation(s) infringes any copyright, trademark, patent or other proprietary right.
35.LanguageNow Ltd may terminate the rights of the Client under these Terms or under any other agreement between LanguageNow Ltd and the Client without cause at any time and with immediate effect.
36.Neither of the parties to these Terms may assign any of their rights or obligations hereunder. No provision of these Terms or any Order is intended to be enforceable by a third party, except that LanguageNow Ltd shall be entitled to assign its rights under these Terms to any of its subsidiaries.
37.LanguageNow shall have no liability to the Client or be deemed in breach of these Terms or any Order by reason of any delay due to any cause beyond LanguageNow’s reasonable control.
38.All disclaimers, indemnities, exclusions, limitations and confidentiality obligations in these Terms shall survive termination for any reason.
39.If any part of these Terms is held to be unlawful, invalid or unenforceable, that part shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
40.LanguageNow Ltd may modify these Terms at any time and such modification shall take effect from the date that the amended Terms are available for viewing on the Website or are otherwise communicated.
41.These Terms and any Order are to be governed by and construed in accordance with English and Welsh law. The Client and LanguageNow Ltd hereby submit to the non-exclusive jurisdiction of the English courts.
Updated 4th April 2016
TERMS AND CONDITIONS FOR TRANSLATION WORK
A translation with LanguageNow is defined as the client material(s) translated into the language(s) required by the client.Our prices are set based on source language word count established via computer word count, wherever possible. Word count will be agreed upon by both parties before the work proceeds, and is thereafter non-negotiable. Quotes are, however, subject to change based on the complexity of the source text. We charge VAT.Rates for some highly technical materials will be negotiated as special projects.If work is required at very short notice then a 10% supplement may be added (within 24hrs).
Payment is required within 30 days of the invoice date, unless otherwise agreed. Any late payments will be subject to a 10% interest rate per week of delayed payment. After 60 days of non-payment, we reserve the right to refer the case to a debt recovery agency.
Payment may be made via BACS transfer or cash in Pounds Sterling. We will also accept payments in Euros at the current exchange rate.
We run a 7 day a week service, and work can be supplied as hard copy, e-mail or fax. There is no charge for standard letter size and weight via Royal Mail. For any document requiring a courier service, the relevant costs incurred will be added. In addition to this, multiple hard copies, large and/or heavy documents will be subject to the postal fees set out by Royal Mail.
NB. To translators, we reserve the right to refuse any translated materials we deem unsatisfactory. We do this to ensure consistently high quality across the board and a clear reason for refusal will be provided if this problem arises. By accepting to work on a project for LanguageNow, you accept these conditions without reservation.
TERMS AND CONDITIONS FOR INTERPRETING WORK
For the purposes of these Terms and Conditions, the following shall be taken to mean:An Interpreter shall mean the provider of the service of interpreting, that is, the transfer of the spoken word from one language in to another. Consecutive interpreting shall mean the most common type of interpreting generally used for speeches, negotiations, ceremonies, lectures, guided tours etc, whereby the interpreter listens to a section of speech in the source language of the speaker, often taking notes if the passage is too long to commit to memory, and then renders this into the target language for the audience to understand. Simultaneous interpreting shall mean the version of interpreting, generally used for AGMs, large conferences, international events, television and radio broadcasts etc., whereby the interpreter interprets from source to target language in real time, as quickly as he/she is able, whilst the source-language speaker continues to speak. In general, the interpreter will sit in a sound-proof booth with recording equipment at their disposal listening to the source language through headphones and rendering it into the language of their listeners through a microphone.
The Interpreter shall be morally and legally responsible for the integrity of their work in accordance with the LanguageNow code set out in the below terms and conditions.
In all circumstances, the interpreter shall endeavour to give an accurate and faithful rendering of the original communication without wilful addition or omission, except where additional explanation is required to explain cultural differences or to resolve ambiguities between language pairs. The interpreter must strive to avoid addition and omission in all other cases.
The Interpreter may not be held accountable for the absolute accuracy of any interpreting.
The Interpreter may also be required to perform sight translation of certain documents for the client, but this service remains strictly in the purview of the Interpreter and not LanguageNow.
The Interpreter shall not be required to perform any sight translation work without prior acknowledgement.
The sight translation work shall not be excessive i.e. several pages of text.
No transcript of the sight translation shall be used as a translation of the document.
The Interpreter can accept no liability for the accuracy of any sight translation.
Where an event requires simultaneous interpreting, a minimum of 2 interpreters is needed to provide continuous service for more than a few hours.
The interpreter shall not be expected to interpret for periods of more than 20 minutes,
A simultaneous Interpreter shall be accorded the opportunity to rest after 20 minutes, whilst still keeping track of the proceedings and to prepare for their next slot,
In a situation with multiple interpreters, one should be named team leader and should be responsible for organising the work of the team.
For a consecutive interpreting assignment that requires continuous interpreting for more than 45 minutes, then two interpreters must be engaged to allow for adequate breaks.
The working day of The Interpreter shall not exceed more than 8 hours.
If Interpreting services are required for more than 8 hours, then two teams of Interpreters must be booked.
The Interpreter may not be forced to work in excess of 8 hours, unless he/she explicitly agrees to do so.
Both LanguageNow and the Client shall undertake to keep the interpreter free from any infringement or copyright claim resulting from the act of interpreting.
The Interpreter shall possess Professional Indemnity Insurance and Public Liability Insurance.
Any breaks and rest periods shall be negotiated between the Client, the Interpreter and LanguageNow before the event.
In accordance with LanguageNow policy, the Interpreter shall be entitled to, at least, one morning break, one midday break of 1 hour, and one afternoon break.
For simultaneous interpreting the Interpreter must have a rest break every 20 minutes as detailed in section IV.
Fees shall be charged on a half day (4 hours) or full day (8 hours) basis, or should a working day of less than 4 hours be required, then a special hourly basis can be negotiated.
Fees shall include any travel expenses incurred by the Interpreter.
Should travel to the event not be feasible within the same day, then travel time shall be charged at the working day rate, unless travel expenses are greater than the full day rate.
Accommodation arrangements shall be negotiated between the Client, LanguageNow and the Interpreter and the Client may be charged,
LanguageNow and the Interpreter will endeavour to obtain the most cost effective travel and accommodation arrangements.
If any assignment is cancelled or curtailed, then the Client may be liable to pay a cancellation fee that shall be negotiated with LanguageNow based on the following criteria:
The time between notification of cancellation and the start of the assignment,
Expected length of time of assignment,
Any travel/accommodation charges already incurred by the Interpreter.
The Interpreter must notify LanguageNow at the earliest possible convenience if he/she is unable to attend an assignment for whatever reason.
The Client shall provide LanguageNow and/or the Interpreter on the day with any relevant background information for the assignment, before the agreed start date.
This information will only be used, by the Interpreter, to prepare for the event,
Any information provided will be treated in the strictest confidence according to our confidentiality policy,
The Interpreter may also be required to attend a briefing, if needed by the client, prior to the actual event and this briefing will be paid at normal working time.
It is the responsibility of the Client to provide suitable working conditions for the Interpreter.
The Client shall ensure that the speakers are fully visible to the Interpreter and that they can be clearly heard.
Interpreters shall abide by LanguageNow’s strict confidentiality policy and shall and no point reveal any information, not in the public domain, gained from the act of the interpreting.
Contracts with Interpreters shall be entered in to in writing, before an event, and orally, if required.
Any contracts are covered by English and/or EU Law.
Any complaints shall be made to LanguageNow, and not to the Interpreter in person, no later than one month from the end of the assignment.
We charge VAT.
LanguageNow is committed to protecting and respecting your privacy.We undertake not to pass your, the client’s, details to any third party except to contractors who are involved in the processing and administration of your translation. Only project managers and translators have access to translations.By submitting your information you consent to the use of that information as set out in the Policy.We will agree to and sign any non-disclosure agreement from you, within reason and in accordance with EU statutory law.
We may, periodically, keep you updated with changes to our service, offers and information that may be of interest to you. You can at any time unsubscribe from this service, in which case the only emails or correspondence you will receive from us will be acknowledgement of your orders, quotes or requests.
Due to the nature of the industry, your information may be sent and stored out of the EEA.
RETURNS AND CANCELLATION POLICY
All translations come with a 100% satisfaction guarantee. If, for any reason, you are not completely satisfied with your translation, return it to us within 30 days and we will make the required revisions.To return a translation within the 30 day period, please contact your project manager, or alternatively send an email to email@example.com, detailing the quality issues with specific explanations and reasoning.To cancel an order not yet delivered, please contact your project manager or email firstname.lastname@example.org quoting your client number. Orders cancelled within less than 3 days’ notice will be charged at half the agreed rate. Orders cancelled within less than 24 hours’ notice will be charged at the full rate, based on the word count of the original text. Questions, comments and requests regarding the above policies are welcomed and should be addressed to email@example.com
Returns and Cancellation Policy updated 19th January 2016