Terms and Conditions

Effective Date: July 10, 2023

Please read these Terms and Conditions (“T&C”) carefully as they govern your obligations and legal rights when using the website https://www.trans-leta.com (the “Website”) and commissioning translation services from Transleta. By requesting translation services, you agree to be bound by the terms and conditions outlined herein.

General

1.1 Transleta’s terms and conditions comply with the guidelines of the GDPR and applicable data privacy laws.

1.2 These general terms and conditions apply to all legal relationships between Transleta (“the Agency”) and the Client, superseding any other terms and conditions unless explicitly approved by the Agency in writing. If you are using Transleta on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf.

1.3 The Agency reserves the right to change or modify these Terms, as well as any policies or guidelines, at its sole discretion. Notice of such changes will be provided via email, through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services after such changes implies your acceptance of the modified Terms.

1.4 By requesting the Agency’s services, the Client acknowledges having read and agreed to these T&Cs, affirming the validity and accuracy of all provided information.

Quotations

2.1 Quotations and estimates issued by the Agency are non-binding.

2.2 The Agency may revise quoted prices or delivery terms if it has not had the opportunity to review the entire text before providing the quotation. The Client’s acceptance of the quotation or written confirmation of an order constitutes a binding contract between the parties.

2.3 Unless explicitly stated otherwise, the Agency considers anyone placing an order as the Client. If acting on behalf of a third party, the Client must provide the Agency with the third party’s name and address upon order placement.

Cancellation

3.1 Major changes made by the Client to a confirmed order entitle the Agency to modify the quoted price and/or delivery terms or refuse to execute the order. In the latter case, the Client shall pay for the work already performed by the Agency.

3.2 If the Client cancels an order, the Agency may claim payment for any translation work already completed and compensation for research hours spent on the remaining order. The Agency will provide the completed work upon request but assumes no responsibility for its quality.

3.3 If the Agency has reserved time for order execution, the Client may be charged 50% of the fee for the non-executed portion of the work.

Confidentiality

4.1 The Agency undertakes orders with the utmost professionalism, utilizing its expertise to meet the Client’s intended purpose.

4.2 The Agency maintains strict confidentiality of information provided by the Client and requires its employees to do the same. However, the Agency cannot be held liable for confidentiality breaches by its employees if it can demonstrate reasonable preventive measures were in place.

4.3 Unless explicitly agreed otherwise, the Agency may involve third parties in executing orders, ensuring their adherence to confidentiality obligations. The Agency may request information, documentation, or term lists from the Client at the Client’s expense and risk.

4.4 The Client must remove personal identifiers or sufficiently encode sensitive information. The Agency assumes no liability for the use or disclosure of such information if the Client fails to comply.

GDPR Compliance

5.1 The Agency operates in compliance with the General Data Protection Regulation (GDPR).

5.2 Information transmitted from the website is always encrypted and accessible only to authorized personnel with unique access rights.

5.3 Protected personal information is securely backed up and recoverable. The Agency ensures proper deletion of information when no longer needed.

Delivery

6.1 Delivery dates are provisional unless explicitly agreed otherwise. The Agency will notify the Client promptly if it anticipates being unable to meet an agreed delivery date.

6.2 If a fixed delivery date is specified in writing and the Agency fails to meet it for reasons other than beyond its control, the Client is not entitled to a refund. In case of contract cancellation, the Client must pay for the completed translation work. Certified Translations are non-refundable due to their legal status.

6.3 Delivery is deemed completed when the text is sent via email, post, fax, telex, courier, modem, the Internet, or electronic medium. In the case of Certified Translations, the client has the opportunity to request corrections before certification. The Agency will make the necessary corrections based on translator availability. The Agency is not responsible for any delay in the final document resulting from this process.

6.4 Please note that since 2020, we no longer deliver documents physically. The only means of delivery are digitally certified documents.

6.5 The Client must cooperate to facilitate the delivery of the Agency’s product. Refusal to accept the product constitutes default by the Client, subject to the provisions of clause 7.4.

Prices

7.1 Prices are generally based on the Agency’s current rate (per hour or per word), unless otherwise agreed. Additional expenses incurred in executing the order may be charged to the Client. The Agency may apply a minimum rate for each source and target language combination.

7.2 Quoted prices are valid for products conforming to agreed specifications.

7.3 The Agency may adjust the agreed price if additional work, costs, or words were incurred beyond what could reasonably have been foreseen at the contract’s conclusion. Examples include difficult or unclear texts, faulty files, or client-supplied computer programs.

7.4 Payment for products supplied under the contract is due within 30 days of the invoice date (or within any other agreed-upon term). Payment must be made in full without any discount, set-off, or suspension, in the invoiced currency. Failure to make timely payment results in default and accrual of statutory interest on the invoice amount.

7.5 Extrajudicial collection costs are set at 15% on the first 2,500 GBP of the principal, including statutory interest, and 10% on the remaining balance, with a minimum charge of 100 GBP per event.

Complaints

8.1 If the Client has any complaints regarding the product provided by the Agency, they must submit them in writing as soon as possible, but no later than 10 days after receiving the product. Lodging a complaint does not release the Client from their obligation to make payment. In the event that payment has already been made, filing a complaint does not entitle the Client to a refund of any advance payment.

8.2 If no complaints are made within the specified timeframe mentioned in clause 8.1, the product shall be deemed fully accepted, and the Agency will only address complaints at its sole discretion. Any changes made by the Agency to the translated or edited text at the Client’s request shall not be construed as an admission of supplying an inferior product.

8.3 In the case of a valid complaint, the Agency will be given a reasonable amount of time to improve or replace the product. If it is not reasonable for the Agency to carry out the necessary improvements or substitution, the Agency may offer the Client a discount.

8.4 If the parties are unable to resolve a dispute amicably within a reasonable timeframe, they may refer the matter to the board of the Association of Translation Agencies within two months after it becomes evident that no resolution will be reached. The dispute will then be settled by an arbitration committee in accordance with the Arbitration Rules, and the decision of the arbitration committee will be binding on both parties.

8.5 The Client’s right to file a complaint will be forfeited if the Client themselves or a third party hired by the Client has edited the portion of the product that is the subject of the complaint, regardless of whether the product has been subsequently supplied to a third party.

8.6 In the case of any doubts or disputes regarding the clauses of the contract or these Terms and Conditions, the applicable jurisdiction will be the Court of London.

Liability

9.1 The Agency is exclusively liable for damages that directly and demonstrably result from its own shortcomings. The Agency shall not be liable under any circumstances for any type of damages, including direct, indirect, incidental, special, punitive, consequential, or exemplary damages (including damages for lost profits, goodwill, use, or data) arising from the products or services provided, including any delays.

9.2 Any ambiguity in the text to be translated shall release the Agency from any liability.

9.3 The decision to use a text to be translated/edited or the translated/edited version produced by the Agency, and any risks of injury or losses due to such use, shall be entirely at the Client’s expense and risk.

9.4 The Agency shall not be liable for any damage to or loss of documents, data, or data carriers provided by the Client for the execution of the contract. The Agency shall also not be liable for costs or damages resulting from (a) the use of information technology and telecommunications media, (b) the transportation or dispatch of data or data carriers, or (c) the presence of computer viruses in any files or data carriers supplied by the Agency.

9.5 The Client shall indemnify the Agency against any claims by third parties arising from the use of the product, except for any liability incurred by the Agency as specified in this clause.

9.6 The Client represents and warrants to the Agency that, to the best of their knowledge, the text, documents, and/or materials for which they have requested the Agency’s translation services do not infringe upon any copyright or personal or proprietary rights of others. The Client further represents and warrants that they have the unencumbered right to use such text, documents, or materials. The Client shall indemnify the Agency from any damage or loss, including attorney’s fees, arising out of any breach of this warranty.

Cancellation

10.1 Failure on the part of the Client to fulfil obligations, as well as instances of bankruptcy, moratorium, or liquidation concerning the Client’s company, authorize the Agency to cancel the contract, wholly or partially, or postpone its execution without any claim to damages from the Client. In such cases, the Agency is entitled to demand immediate payment.

10.2 If the Agency is unable to fulfil its obligations due to circumstances beyond its control, it may cancel the contract without liability for damages. Such circumstances include but are not limited to, fire, accidents, pandemics, illness, strikes, riots, war, transport restrictions and delays, government measures, disruption of Internet services, acts of God, and other instances of force majeure.

10.3 If force majeure leads to discontinuation of the contract by the Agency, the Client is still obligated to pay for any work performed up until that point, as well as any related costs and expenses.

11.1 Unless explicitly stated otherwise in writing, the copyright for translations or other texts produced by the Agency remains with the Agency.

11.2 The Client shall indemnify the Agency against any claims by third parties alleging violation of property rights, patent rights, copyrights, or other intellectual property rights arising from the execution of the contract.

Choice of Law and Jurisdiction

12.1 The contract is deemed to have been made in the UK, and UK law shall govern the contract.

12.2 Disputes not resolved through the arbitration process described in clause 8.4 shall be submitted to the competent court in London.

If you have any questions or comments regarding these Terms and Conditions, please contact us via email at [email protected]