All products and/or services are provided subject to the following terms and conditions:
- 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;
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.