TERMS OF BUSINESS
These Terms of Business are issued by Sabine Horner/Horner Translations and are the basis on which she executes translation and related work.
1. 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 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 his/her Client.
2. Applicable law
These Terms of Business shall be interpreted in accordance with UK law, to which both my Client and I agree to submit in the event of any dispute.
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;
e) 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, for information only, etc.), method of delivery, any special terminology to be used, whether proofreading/checking will be done by the client, etc.
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.
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 five (5) 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).
7.1 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 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 or courier charges).
7.4 All work must be paid for. Since I am a qualified member of the Chartered Institute of Linguists, I will not provide free ‘test’ translations.
8.1 Payment shall be made within 30 days of date of invoice.
8.2 In the case of long commissions, I may require payment in instalments.
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 10% 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.
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 that of 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.
13.1 The Code of Professional Conduct (Clause 4.3) of the Chartered 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 (Clause 5.6), 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 (Clauses 4.3 and 4.4) of the Chartered Institute of Linguists, as the translator, I shall ensure that the need for confidentiality is made known to any third parties (e.g. typists, checkers and proofreaders) I may 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 to 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
14.1 I shall carry out the translation with reasonable skill and care and in accordance with the Code of Professional Conduct of the Chartered Institute of Linguists. I shall endeavour to ensure that the translation is suitable for its agreed purpose and target readership.
14.2 Time and expense permitting, I shall use my best endeavours to do the work to the best of my ability, knowledge and belief, and consulting such authorities as are reasonably available to me at the time.
14.3 My liability on any grounds whatsoever shall be limited to the invoiced value of the work, except where in connection with any consequences which are reasonably foreseeable:
a) the potential for such liability is expressly notified to the translator in writing, and
b) such liability is restricted to an agreed limit of cover under the professional
indemnity insurance available to translators.
15. Force Majeure
15.1 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, if requested, use my best endeavours to assist the Client to place the work elsewhere or take some other remedial action.
15.2 As a safeguard against hard disk failure or theft of computer equipment, I will back up all work externally on a daily basis.
16.1 Any complaint by the Client about my work shall be submitted to me within 30 days.
16.2 If a dispute cannot be resolved between us, the matter shall be referred to the Chartered Institute of Linguists for arbitration.
16.3 Any dispute about the quality of my translations shall be submitted to the Chartered Institute of Linguists for independent assessment.