Terms and Conditions

A translation order is a binding agreement between “the Client” and me,  Alexandra Burt, Freelance Translator, covered by the following terms and conditions:

1. INTENDED USE

a) When the Client does not indicate the intended use of the translation, I shall execute the translation as if it were for information only. However, if in my judgment the apparent intended purpose is otherwise, I shall communicate with the Client, if possible, in order to clarify the intended purpose before beginning translation.

b) If the Client wants to use a translation for a purpose other than that for which it was originally supplied, the Client shall obtain confirmation from me that it is suitable for the new purpose. I reserve the right to revise the previously supplied translation if necessary, at the Client's cost.

2. PROFESSIONAL STANDARD

a) I will provide a clear and accurate translation, but cannot guarantee conformance to the subjective preference of the Client.

b) I use all available measures to ensure translation accuracy, but shall not be held liable for damages due to error or negligence in translation, transcription or formatting. Ultimate responsibility rests with the Client.

3. QUOTATIONS

Cost is determined based my current price list and the number of words in the source text. Written quotations are valid for 30 days. Verbal estimates are not binding and are subject to written confirmation on receipt of the text for translation.

4. PAYMENT

Payments are due within 21 days in US dollars, by US check, via PayPal (preferred) or money order. Late payments will be assessed a penalty of 1.5% per month and the cost associated with the recovery of payment. On receipt of payment, the copyright will be transferred to the Client.

I will assume all fees related to PayPal unless otherwise communicated between the Client and myself.

Any exceptions are at my discretion.

5. TRANSLATION DELIVERY

The date given for delivery is an estimate only. I will make every endeavor to meet the date, but shall not be liable for any damage or loss arising directly or indirectly from its failure to meet such an estimated date. The Client may, at any time after such date, give me reasonable notice regarding an expected delivery period of not less than seven days. If delivery does not take place within that period, the Contract will be considered cancelled and no charge will be made.

Delivery occurs upon transmission by e-mail, fax, or standard mail, and the risk passes to the Client. I shall retain a copy of the translation and in the event of any loss or damage will forward an additional copy free of charge.

In the event of Force Majeure (Natural Disaster, Acts of War or any other situation that materially affects my ability to deal with the Client's order) I shall notify the Client immediately of the circumstances. Force Majeure shall entitle both me and the Client to cancel the order.

6. URGENCY

Urgent translations may necessitate an urgency surcharge. As the time period required may not allow the time needed to perform the standard thorough quality control check, I will not be liable for the standard of any work submitted on an urgent basis.

7. CANCELLATION

If an order is cancelled, the Client shall pay me for the work completed, based on the proportion of the complete fee that the completed work bears to the original text, or shall pay me another compensatory sum agreed upon by the parties. The work completed shall be delivered to the Client.

8. LIABILITY

a) When the fulfillment of obligations to the Client is prevented for any reason beyond my control, I shall be relieved of all liability.

b) I shall not under any circumstances be liable to the Client or any third party for loss or damage of any kind, and the Client shall indemnify me against all claims and demands upon me for any loss or damage.

c) If any error or omission in the translation is identified, I will correct the work. I will gladly revise without any further charge to the Client.

d) For a translation intended for publication, I will accept responsibility for any errors or omissions only if the galley proof is submitted to me for a final check before printing. The Client will be responsible for checking all figures (numbers and graphics) and I will not be responsible for any errors in the figures.

e) In the event the Client uses the translation for a purpose other than that originally indicated, the Client shall not be entitled to any compensation by me, and the Client shall indemnify me against any resulting loss.

9. COPYRIGHT, CONFIDENTIALITY and LIBEL

The Client warrants that the translation does not infringe any copyright or other proprietary right and is not a betrayal of confidentiality or libel, and shall indemnify me for all actions, claims, proceedings, costs and damages incurred or awarded and paid in respect of, or arising out of, any breach of such warranty or out of any claim by a third party based on any facts that if sustained would constitute a breach of such warranty.

10. REPRESENTATION

An oral representation or statement shall not be binding upon me, and nothing shall be implied from any such representation or statement.

11. COPYRIGHT

The Copyright of the translation is my property, and becomes the Client's property only after receipt of full payment for the translation.

12. COMPLAINTS

Any complaint regarding the translation will be considered within 28 days of the date of translation delivery.

13. SETTLEMENT OF DISPUTES

The parties agree to make good faith efforts to settle disputes. If a dispute cannot be settled in this manner, it shall be settled by arbitration. All disputes shall be brought within the territorial jurisdiction of Bell County, Texas. The decision reached by arbitration will be final and binding on all parties involved.

14. GOVERNING LAW

All contractual relationships between the Client and me shall be governed by United States law.

************************************************************************************

My commitment to you

 

Language is a process of free creation; its laws and principles are fixed, but the manner in which the principles of generation are used is free and infinitely varied. Even the interpretation and use of words involves a process of free creation.

Noam Chomsky