Terms
Terms and Conditions
These Terms and Conditions ("Terms") form the contract between language-Xchange ("the Company") and yourself ("the Customer") for the supply by the Company to the Customer of the Services (as hereinafter defined). "Services" means translation services, web site localization, proof-reading, and any other services that the Company may provide to the Customer.
1. Services
2. Use of Services
3. Scope of Services
4. Instant Translation Quote
5. Charges
6. Warranties and Liability
7. Confidentiality
8. Termination
9. General
1. Services
1.1 The Company agrees to provide the Services to the Customer in accordance with these Terms. The Company reserves the right to modify, suspend or discontinue any or all of the Services as required, without prior notice. The Company reserves the right to alter the Terms at any time by giving the Customer notice in writing.
2. Use of Services
2.1 The Customer is at all times responsible for the use of the Services.
2.2 The Company expressly has no responsibility for the content of the documents submitted to it by the Customer, nor does the Company have any responsibility for the implications of any of its translations.
2.3 The Customer will indemnify the Company against all liabilities, losses, or costs that the Company may incur, in consequence of any claim that may be made against the Company in consequence of the content of any document translated by the Company.
2.4 Once the Company has confirmed the order in writing, the contract will come into force at the corresponding prices and subject to the applicable terms and conditions. The start of the delivery period is the point in time when the order is confirmed by the Company.
2.5 The customer is liable for any orders which are placed via his / her login.
2.6 Delivery times are only binding once they have been confirmed in writing by the Company.
3. Scope of services
3.1 The Company provides high quality services in the fields of translation and proofreading.
3.2 The Company undertakes to meet the generally accepted standards of care in the industry, which must be considered based on the specific circumstances of each individual order. When performing the contract, the Company has the current level of knowledge expected in the industry in the corresponding subject area and/or the respective languages.
3.3 For translations this means in particular that the texts are translated correctly and professionally into the requested language – without any words being left out or added or any other changes being made to the content. During this process, the source texts are either translated literally or to convey the general meaning of the original and taking into consideration the cultural mentality, in accordance with the generally accepted quality standards of the translation industry of the corresponding language area.
3.4 The customer’s specialist terminology will only be taken into consideration if this has been expressly agreed and if sufficient documentation (e.g. vocabulary or terminology lists) is made available before the order is placed. Otherwise, specialist terminology will be translated in accordance with accepted quality standards.
3.5 In the event that a translation is subject to copyright protection, the Company will take any legal measures available to it to ensure that the customer is given the usage and exploitation rights, which are unlimited in terms of geographic location, content and duration. This includes the right to make amendments to the said texts and to pass them on to third parties.
4. Instant Translation Quote
4.1 If inaccuracies in the quote are found for any reason, the Company reserves the right to amend the quote. The Company will provide the Customer with an accurate quotation before undertaking any work.
5. Charges
5.1 The price payable by the Customer for the Services shall be set out in the invoice directly relating to the Services provided by the Company, or otherwise agreed with the Company by email or other correspondence.
5.2 All payments are made in the Relevant Currency strictly within 30 days of the invoice being issued.
5.3 The Company reserves the right to demand payment in advance at its sole discretion.
5.4 The Company reserves the right to charge interest on any amounts due by the Customer to the Company that are not paid on the due date, at the rate of 5% from the due date until the outstanding amount is paid in full. Interest shall accrue on a daily basis.
6. Warranties and Liability
6.1 The Company warrants to the Customer that the Services will be provided using reasonable care and skill. The Company expressly does not give the Customer any other warranties whatsoever and excludes any implied warranties to the maximum extent permitted by law.
6.2 Where the Company translates any legal, medical or other documents of a technical nature and content, the Customer fully understands that the Company is not an expert in such matters and that no reliance whatsoever can be placed on the translation being completely accurate. It is the Customer’s sole responsibility to take legal/medical advice in the relevant jurisdiction before placing any reliance on the translated document. The Company shall not be liable for any such reliance, nor any other loss that the Customer may incur.
6.3 The Customer expressly agrees the use of the Services is at the Customer's sole risk. The Company, its agents, contractors, licensers and employees do not guarantee that the Services will be uninterrupted or free from error.
6.4 The Company will use its best endeavours to deliver the Services within any agreed time, but shall not be liable to the Customer or be deemed to be in breach of the Terms by reason of any delay in performing, or any failure to perform, any of the Services, if the delay or failure was due to any cause beyond the Company's reasonable control.
7. Confidentiality, data protection and inherent risks
7.1 The Company will endeavour to maintain the secrecy of the transmitted texts. However, the Company cannot guarantee that there will be 100% secrecy, because it cannot be completely ruled out that unauthorised third parties could gain access to the transmitted texts as a result of the electronic data communication.
7.2 The Company will also endeavour to examine the electronic data communication in accordance with the latest technological advances for any viruses or sabotage programmes. However, 100% protection from viruses or acts of sabotage cannot be guaranteed even when due care is exercised. The customer is expressly made aware that there is a residual risk.
7.3 The customer is hereby informed of the fact that the Company mechanically processes personal data in a form which is machine readable and for duties arising from this contract.
7.4 The Company shall keep confidential all information and documents delivered to it by the Customer and shall not disclose any such information or the contents of such documents to any third party unless compelled to do so by law.
8. Termination
8.1 Without prejudice to clause 1.1, the Company may terminate this Agreement at any time without prior notice and without affecting any accrued rights or claims of the Company where the Services are misused by the Customer, for non-payment of the Fee or for breach of the Terms or in the case of the insolvency of the Customer.
8.2 Without prejudice to clause 1.1, the Company reserves the right to suspend provision of the Services for the duration of any non-payment period. Suspension of the Services does not necessarily constitute termination of the Services, at the Company's discretion.
8.3 For the avoidance of doubt, where the Services are terminated by the Company in terms of this clause 8, the Customer shall remain liable for the full purchase price for the Services completed, all work in progress and any interest in terms of clause 5.
9. General
9.1 The Company shall be entitled to assign its rights and obligations under the Agreement in whole or in part. The Customer shall not be entitled to assign, re-sell, license or otherwise transfer its rights and obligations under the Agreement in whole or in part without the prior written consent of the Company.
9.2 This Agreement shall be governed by and interpreted in accordance with laws of the United Kingdom and the parties hereby submit to the non-exclusive jurisdiction of the British Courts.
