Voice Over Services
Name Audit Services
Terms And Conditions
When a client submits text or any work for translation to Translations today, the client will enter into a binding agreement covered by the terms and conditions listed below:
- “Company” here refers to Translations today. “Work” refers to translation or other work or the services provided by the company. The “client” refers to a corporate entity or individual to which Translations today will supply work.
- If a conflict arises between the client and the company for any area of the contract, the documents that constitute the agreement between these parties will have priority in the order mentioned below:
Signed service agreement entered into by the parties.
- Any verbal quotation provided is only for guidance. These are not binding on the company and will be subject to a written confirmation once the text is received for translation. The written quotes will be valid only for 30 days post dispatch unless stated otherwise. The translation cost is based on the number of words in the text of the source language.
- Translations today has the right to make additional charge on the quoted amount, if changes are advised to the text after the commencement of the translation. These charges will be mutually agreed upon by the client.
Integral proofreading refers to proofing done by the same translator working on the project.
Advanced proofreading refers to proofing done through an independent proofreading professional.
- The Contract will come to force when the purchase order is received, when a quotation is confirmed or on any confirmation by the client for the company to go ahead with the project and upon commencement of the project provided by us.
- Contract will be subject to the Terms and Conditions. All conditions referred to or appearing stipulated by you will not have any effect.
- Quotes are provided based on the description of source material, translation purpose and instructions provided. These quotations can be amended at any given time if the source material description, instructions or other elements are inaccurate or inadequate according to us.
Payment and Price
- Unless stated otherwise, the prices are in US Dollars and will be exclusive of any duty or tax. All the appropriate expenses and taxes will be invoiced to the client which we will be liable to collect. Payment of interest or penalties on these taxes are to be paid by the client which are payable by us because of your delay in payment.
- Payment for work must be made in 21 days of the invoice date unless it is specifically agreed by us in writing. However, under some circumstances part payment or payment can be requested before the commencement of the project. Without any prejudice to the other rights of the company, Translations today reserves all rights for levying a service charge at 8% annually on outstanding balances after the due date.
- If the work is provided over 60 days period or in stages, Translations today will have the right to invoice the client upon completion of every stage of the project or on a monthly basis.
- Failure to make payment of an invoice as per the terms foregoing or other terms that may be specified in our contract will entitle us to stop further work on the order and on other order from the client without any prejudice to other rights that we may have.
Completion of Work
- While Translations today has a good reputation for quality and prompt delivery and will endeavor to meet the deadlines, periods or dates for completion of the project are only estimates. Translations today is not liable for any consequences of delay of submission for any reason. Client, in particular, must be aware that Translations today cannot be responsible for information degradation and delays associated with breakdown caused by the failure of telecom systems or servers of the client or the telecom systems or servers of the company that are outside our control.
- A completion date should be specified by the client when providing work. While we take all reasonable efforts to meet the requirements of the client, late delivery will not entitle a client for withholding the payment for the work done.
- Projects will be dispatched normally to the client as electronic files such as pdf, rft, word etc through electronic mail. In any event where the client needs the work to be submitted by post in hard copy, Translations today will not be responsible for delays or for failure in supply or fulfillment of the supply because of postal system.
- If the completion of the work becomes necessary to be sooner than the time normally required for proper production, Translations today has the right to charge additional urgency rates for covering additional expenses and overtime requirements. If additional costs are incurred, we are entitled to charge the client for these. Expedited work will all be subject to the below mentioned clause 8.7.
- Translations today does not accept any liability for consequences of delay in the completion of work because of the client. During such events, deadlines or delivery schedules agreed upon with automatically cease as being valid. New dates will have to be negotiated.
- Translations today has the right to subcontract part of or all the work to contractors or a contractor of choice.
- Regarding official translation forms like notarized, legalized and certified translations, Translations today will expect the client to check provided translation meticulously before we release the hard copy for use. Any corrections, changes or amendments will be checked by us and our linguistic professionals. If agreed and acceptable, the updates will be made. The process could involve various rounds of input and checking by client.
- In the event the client is absent unexpectedly, the interpreter will wait at the mentioned venue for 30 minutes post the agreed starting time. If the client fails to attend the event the company will charge fees for the full services plus expenses for the expected hours.
- Translations today will not charge the fee in the event an interpreter is not able to attend the event due to unforeseen circumstances- Translations today will strive to arrange for a substitute and will notify the parties at the earliest. However, the company does not accept any liability for failing to do the same.
- Translations today will charge the full fee in the event of the interpreter is late but still performs the task.
- Though Translations today will make the effort to provide services to the client by the agreed time and date, we will not be held responsible for any delays in completion because of events that are beyond the control of the company.
- Translations today will not be held liable for any failure of the interpreter to obligations to client.
Suspension and cancellation
- For any reason if the client cancels a project which has been commissioned, the client will be liable to pay for the completed work till the date of cancellation as well as expenses and costs including preparatory time and work for the project that have been incurred due to the cancellation.
- In the event the client postpones or suspends the project which has been commissioned, the client will be liable to pay for the commissioned work up to the postponement or suspension date and other expenses and costs incurred due to the suspension.
- In the event of Force Majeure, such as acts of war, natural disaster, civil commotion, industrial dispute, lockout, strike and other such situations that can have affected the ability of the company materially to deal with the agreed commission, Translations today will notify client without any delay to indicate the circumstances. Such events will entitle the client and the company to withdraw from commission but under such circumstances, the client will be liable to make payment for the work already completed.
- Termination of contract will not prejudice the remedies or rights that may occur to either party.
- Cancellation of interpreting project or other services involving booking of a professional for set periods, days, times etc will be subject to 50% of the invoice being issued unless the client provides a notice of at least 7 working days.
- Translations today will not be held liable under any circumstances for consequences of performance, delay of delivery or failure to perform or deliver if the failure or delivery is because of performance, non-delivery or late delivery by subcontractors, suppliers, acts of fire, God, exceptional or inclement weather conditions, government intervention or order, hostilities, industrial action or causes beyond control or because of an exceptional or unexpected event.
- Delivery will be deemed to take place on electronic delivery, faxing or posting to the carrier, depending on the case and the risk will be passed on to the client.
- Translations today will have a copy of the translated document and in case of damage or loss will forward the same without any additional charge.
- If the client requires Translations today to utilize the services of third parties like, but not limited to, Commonwealth and Foreign Office, Solicitor or Notary Public, Translations today will not be responsible for non-performance or delay in the delivery of third parties.
Liability and Responsibility
- Translations today will not have any liability for the obligations the client incurs wherever to the extent of which fulfilling these obligations is outside control.
- Any complaint made by the client regarding work will be notified to Translations today in five days in writing once the work is received. After project completion, Translations today agrees to rectifying omissions, inaccuracies and errors without any added charge that are the fault of Translations today. The liability of the company will only be to rectify alleged omissions, errors or inaccuracies that we think are justified. The client will always provide Translations today the chance to amend alleged issues in the translation. These allegations should not delay payment at any time.
- Translations today will not be held liable to third party or the client for any consequential damage or loss of any type including loss of revenue, contracts, business, profit, damage to goodwill or reputation, anticipated savings, indirect damage or loss of any other nature due to the use of translation exceeding the contract price. The client will also not indemnify Translations today against all demands and claims upon Translations today for such consequential damage or loss.
- No warranties, conditions or terms, whether implied or express, about the fitness or quality or purpose of the project will be incorporated unless it has been set out expressly in the contract.
- Though Translations today tries to produce idiomatic and accurate translation of the original text of the client, the client should accept that translations read slightly differently from the original writing. No liability will be accepted by Translations today for alleged lack of sales or advertising impact.
- Translations today will not warrant that the translation will meet the specific requirements of the client and does not warrant that it will be error free or uninterrupted. Also, Translations today does not make or warrant any representations about the use of the translation in terms of reliability, correctness, accuracy or otherwise.
- 1. A client needs Translations today to provide translation with expedition or/and
- 2. Translations today proposes that the client should use our other services for their need and the client does not follow the suggestion, there can be a risk that the translation quality will not be of high standards that we offer in normal situations in our business. In any of these circumstances Translations today does not take any responsibility for the quality and the client accepts that
a) The project may not be conducted by us with the same level of care and skill as is normally used in providing services in normal situations in our business.
b) There can be omissions and errors in the work that will not entitle a client to cancel their contract or to decline payment to the company in regards to the provision of translation; and
c) The client will indemnify Translations today to any loss suffered or claim made due to such omission or error.
- Unless expressly and otherwise agreed in writing by Translations today, the client (for the purpose of the clause will include associated companies, shareholders, principals, directors and employees) for a five year period shall not terminate the contract indirectly or directly on for any other employ, solicit, company, firm, individual to entice away from Translations today or use the services of language professionals, interpreter or translator who has provided services to the client on Translations today’s behalf under the contract. If a breach is made under the clause, client will agree to pay Translations today the amount equal to total remuneration paid by Translations today to the translator, language professional or interpreter for three years before the date on which the services of the language professional, interpreter or translator was used by the client.
Nature of translation
- Translation is the straight and literal transferring of material written in a source language to the target language by a translator applying grammar percepts and vocabulary grammar needed for the purpose of translation derived from dictionaries, specialist and experience. However, translation is compared with copywriting and adaptation since both of these to a greater or lesser degree extent since the content in the source material are retained. However, the manner in which they are expressed can be completely discarded in a target language for maximizing persuasiveness. Translations today tries to use its best skills for producing idiomatic and accurate translation of given material within the terms of this clause and the one mentioned below.
- Translation will reflect the quality of the written original material. In instances where the source material has poorly expressed concepts, text is factually incorrect or incomplete, typographical mistakes have been made, wrong language choice has been made, then there can be inadequacies in the translation. Translations today will not be entitled to make decisions for the client to modify to improve the translation text or to elucidate the passages in original text but the client will be notified of these inaccuracies. Translations today will therefore not accept criticism of translation if these considerations are at issue.
- When more sector specific knowledge or terminology is needed for proper translation of a written piece of material, such as but not limited to, knowledge as would be available only to a particular organization or client company, it will not be assumed that Translations today has such knowledge. In this case, the client will be required to provide instructions to Translations today as required for material translation in the form of glossaries or other aids. However, Translations today will attempt to always place translation with qualified/experienced translator in the particular field.
- If the client has specified a use for the translated work and later desires to use the translated work for another purpose than the one originally specified, client will have to obtain confirmation from Translations today for the suitability of the new purpose. Translations today does not accept any liability where the translation is used for a different purpose than the one originally provided and will have the right to charge further for any amendments required for the translation.
- If the contract for translation provides text or proofs to be provided to the client for the purpose of approval, Translations today will not be held liable for errors that are not amended by the client or for any modifications or amendments by the client in the submitted texts or proofs.
- All property and documents supplied to Translations today shall be dealt with by Translations today or held at the risk of the client and Translations today will not be held responsible for consequential damage or loss thereto.
- Translations today will reserve the right to dispose of or destroy any property or documents belonging to the client that has been in the company’s custody for over twelve months after the completion of translation to which it is related.
- Subjected to clause 11.3 and as necessary for Translations today to provide the translation neither party can use any of the confidential information (information in any form that is confidential to Translations today or the client and information that either the client or Translations today discloses due to the work).
- With the same clause, neither party can disclose to any individual of the other’s confidential information.
- Translations today and the client can disclose the other’s confidential information:
a) If required to do the same by the law or a regulatory authority, if the party that has to disclose confidential information, where legitimate and practical to do the same:
- 1. Notifies the owner of such requirement promptly and
- 2. Co-operates with the other party regarding the timing, scope or manner of the disclosure or the action that can be taken by the owner for challenging the validity of the requirement
b) To the personnel of the company, the personnel of an associated company, a sub-contractor or any individual whose duties require similar disclosure reasonably, on condition that it is ensured by the party making the disclosure that ensures that the person to whom the disclosure is made:
- 1. Will be informed of the confidentiality obligation under the Terms and Conditions and
- 2. Will comply with the obligations as if these obligations bound them.
- The obligation of the confidentiality as contained in this clause will survive the contract of termination, howsoever it may be caused.
- Each party will agree that the obligation under the clause are reasonable and necessary for protecting the party that makes the disclosure and every party will agree that the remedy for the damages will be inadequate for compensating the party that makes such disclosure for breach by the one receiving the disclosure of the obligations mentioned under the clause. Therefore, each party will agree that other than the remedies that will be available, the party that makes the disclosure will be entitled to get injunctive relief against threatened breach of the agreement or against the continuation of the breach by the party that receives the disclosure without having to prove actual damages.
- Translations today will not have to translate matter that in the opinion of the company is libelous or illegal in nature. If copyright exists in the original text and has to be translated by Translations today, the client will warrant that it has the necessary consents for the translation to be carried out.
- Translations today will not be indemnified by a client regarding any expenses, costs, proceedings and claims that arise out of libelous material published or printed by the client, or for copyright infringement, third party right or design, patent, intellectual property right. The list is not limited to the ones mentioned here.
Copyright and Intellectual Property
- The copyright of the translated material will be the property of Translations today and will be passed to the client after the complete payment for the translation has been made.
- After the payment has been fully made for the translation, all rights for intellectual property, including but will not be limited to copyright, of the original translation and the translation will be vested in the licensors of the client or the client. However, for avoiding any doubt, the client will grant Translations today and its sub contractors a license for using and storing the original material for the contract duration and for providing the translation to the client.
- Every party will ensure that while performing its obligations under the Terms and Conditions mentioned here, it will comply with the required provisions of Data Protection Act of 1998 at all times.
- Translations today acknowledges that if it has to process data while providing the translation, it will do so only on instructions from the client.
- In case any provision of the Terms and Conditions becomes or is unenforceable or invalid, it will be severed from the remaining Terms and Conditions to make it ineffective, unenforceable and invalid and that no other provisions mentioned here will be rendered unenforceable, invalid or affected otherwise.
- Any individual that isn’t a party to the contract will not have any rights under the 1999 Contracts Act to enforce the terms. This clause will not affect remedy or any right of an individual that exists or is otherwise available pursuant to the Act.
- No part of this Contract or Terms and Conditions shall operate or is intended to create joint venture or a partnership between the two parties or to authorize either of the party to act as an agent for the other. Neither party will have any authority to act on behalf of or in the name of the other or otherwise to bind the other in any manner. This includes but is not limited to making a warranty or representation, assumption of liability or obligation and exercising any power or right.