All products and/or services
are provided subject to the following terms and conditions:
1. In the present Term &
Conditions, the “Company” shall refer to About Translations Ltd. and the
“Client” shall refer to any party contracting for the supply of products and/or
services by the Company, its directors, employees, agents and/or sub-contractors;
2. All Company quotes for
the supply of products and/or services are subject to Terms & Conditions
and the delivery of any products and/or services by the Company to the
Client is subject to these Terms & Conditions, the whole, notwithstanding
any other condition set out in any other document originating from the
Client.
3. Client’s acceptance of
the Company’s quote shall form a binding contract (the “Agreement”)
between both parties. Unless otherwise stated in the Company’s quote, all
products and/or services provided or to be provided by the Company to the
Client pursuant to the Agreement are payable in full before performance and
delivery of said products and/or services and all translation services are
payable as follows: 50% upon acceptance of the quote, the balance (50%)
prior to delivery of the translation to the Client. The Client is
responsible for the payment of any applicable taxes in relation to any
products and/or services delivered by the Company o the Client.
4. The amount of any
quote for the delivery of any product or service by the Company may be based
on a hourly rate, a rate for each word written, proofread or translated or
even on a lump sum and may vary according to various factors including,
among others, the complexity of the document to write, proofread or
translate and/or the delay provided for delivery. Unless otherwise specified in the Agreement,
any writing, editing or translating work by the Company shall be in Word
format and delivered to the Client electronically.
5. Title to the copyright
embodied in any document, edits and/or translation and any other original
material produced by the Company shall not pass to the Client until all
sums owed by the Client to the Company in respect of said documents, edits
or translation and/or other original material have been paid in full.
6. The Company shall not
be held liable for any loss or damage if the Client is not the copyright
holder of the text to be written, edited and/or translated and the Client
will indemnify the Company for the cost of any claim or legal action,
including lawyers fees as a result of any breach of copyright by the
Client or by the Company in executing the Agreement. The Client shall
indemnify the Company for any costs, claims, actions and demands arising
from any alleged libel in relation to the execution of the Agreement.
7. Nothing herein shall
be construed as giving the Client any intellectual property rights to any
material including computer software and systems, whether developed by the
Company or by third parties, which the Company may use in executing the
Agreement or for any other purpose in carrying on the business of the
Company.
8. Deadlines stated in
the Agreement for delivery of the document, edits and/or translation are
estimates made in good faith. The Company will use its best efforts to
respect agreed deadlines being understood that no guarantee, implied or
express applies to such deadlines. The Company shall not be in default
should it fail to meet any delay or deadline stated in the Agreement.
9. The Company guarantees
the quality and accuracy of the translation delivered to the Client
pursuant to the Agreement. Upon receipt by the Company of a
written notice from the Client setting out a substantive error or omission
to be corrected in the translation, the Company will promptly correct any
such substantive error or omission, at no cost to the Client, provided
that such written notice is received by the Company no later than 30 days
from the date on which the translation was delivered to the Client.
10. The correction by the
Company of any such substantive error or omission described in Client's
written notice shall relieve the Company of any further obligation
pursuant to the Agreement. Failing receipt by the Company of such written
notice within said delay, the translation shall be conclusively deemed to
have been executed in accordance with the rules of the trade and no legal
action shall be instituted by the Client against the Company as a result
of any alleged substantive error or omission in relation to the
translation.
11. In any circumstance,
the total liability of the Company towards the Client shall never exceed
the amount payable to the Company pursuant to the Agreement, for such
product(s) and/or service(s) or any part thereof.
12. The Client is solely
responsible for any error and/or omission contained in its material
supplied to the Company. Unless it is expressly provided in the Agreement,
the Company is under no obligation to indicate or correct any error or
omission in the Client’s material and the Company can not be held liable
for any loss or damage resulting from such error or omission and/or as a
result of its failure to indicate or correct said error or omission. The
Client shall supply the Company with material in a legible form and reply
promptly to any request for information which may be required by the
Company in order to complete the written work, the proofreading, the edits
and/or the translation.
13. Subject to a minimum charge for edits, changes to the Client’s
material and transmitted to the Company during the writing, proofreading,
editing and/or translation process may be incorporated to the Agreement at
the rate set out in the Agreement, in which case the amount payable
to the Company will be adjusted and the delivery may be modified by the
Company.
14. The Company shall not
be liable for any loss or damage resulting directly or indirectly from any
error in converting two systems of measurement, from the transliteration
of any name or proper noun, from the translation of any abbreviation or
acronym or from any error caused by the illegibility of any material
supplied by the Client.
15. Unless otherwise
agreed to in writing between the Client and the Company, the Company
assumes no obligation with regards to the preservation of any document,
whether on computer, as hard copy or through any other means.
16. Notwithstanding the
fact that the Company takes reasonable measures to preserve the
confidentiality of any material supplied by the Client, the Company shall
not be liable for any loss or damage sustained by the Client through any
breach of confidentiality by the Company, its directors, employees, agents
and/or sub-contractors.
17. Although the Company
chooses its couriers with care, the Company shall not be held liable for
any damage resulting from the loss of any document transmitted by courier.
18. No waiver by the
Company of any breach of any provision of the Agreement shall constitute a
waiver of any other breach or of such provision. No representation or
agreement shall invalidate or supersede the present Terms & Conditions, in
whole or in part, unless such representation or agreement has been duly
authorized in writing and signed by one of the Company’s directors.
19. This Agreement is
deemed to have been made in Ontario and shall be governed by the laws applicable
in the Province of Ontario whose Courts
will have exclusive jurisdiction over any dispute arising out of the
present Agreement, including the Company’s quote and/or its acceptance by
the Client. Any final judgment from a Court having jurisdiction declaring
null or invalid any part of the Agreement shall have no effect on the
remainder of the Agreement which shall remain in full force and effect.