Please make sure to read these and feel free to ask us if there’s anything you’re unsure about.
- Warranties and Liabilities
- Intellectual Properties and Copyright
- These standard terms and conditions apply to all agreements between private individuals or private companies or corporations (“the Customer”) and Harry Clark Translation in respect of any translation (“the Agreement”).
- All translations are based on the document(s) to be translated (“the Source Material”) and instructions provided by the Customer. Harry Clark Translation may also require the Customer to complete a ‘Translation Specification Sheet’ to assist Harry Clark Translation with the translation. Any changes or amendments to the Source Material or instructions of the Customer after the Agreement has been entered into shall incur additional cost. The same applies if information on the Translation Specification Sheet is incorrect.
- If the Customer is in possession of previous translations of the Source Material or material similar to the Source Material, the Customer shall provide Harry Clark Translation with a copy of such translations and Harry Clark Translation will endeavor to provide a consistent translation of the Source Material.
- All quotes are based on the Source Material, the Translation Specification Sheet (if provided) and instructions from the Customer and are valid for 30 days. Although every effort is made for quotes to be as accurate as possible, Harry Clark Translation reserves the right to change quotes if the translation of the Source Material requires significantly more work than anticipated. Harry Clark Translation will inform the customer of any changes to the agreed quote. If no agreement can be reached, Harry Clark Translation will invoice the Customer only for the work carried out up to that point.
- 5. Harry Clark Translation processes usually involves two translators working on the Source Material and are carried out using reasonable skill and care in accordance with relevant industry practice. Extra fees will apply if the customer requests the translation to be carried out differently, for example by employing an additional proof-reader.
- Harry Clark Translation will notify the Customer once the translation is finished (“the final Translation”). Full payment must have been made upon pick-up of the final Translation. Harry Clark Translation can also arrange shipment of the final Translation at extra cost. In that case, full payment must be received prior to shipment.
C. Warranties and Liabilities
- Harry Clark Translation will do its best to ensure that the final Translation meets the Customer’s specific requirements and is error-free. However, all translations can vary linguistically depending on their nature and purpose, the target audience and the source text. The fact that there is more than one possible interpretation of the Source Material and that it could be translated differently does not entitle the Customer to refuse payment or reject the final Translation as unsatisfactory.
- Harry Clark Translation warrants that the final Translation is, within the limits as described above, an accurate translation of the Source Material. Harry Clark Translation is not liable for any subsequent changes by the Customer to the final Translation regardless of their nature and whether they are made to the text, layout or formatting.
- The Customer shall raise any issues regarding the final Translation within 30 days of receipt. If the Customer requests a review of the whole or part of the final Translation, such review will be undertaken for an appropriate fee which will be agreed between the parties. Harry Clark Translation may, at its sole discretion, waive all or part of the fee if the review finds any significant errors in the final Translation.
- Harry Clark Translation shall not be liable for any loss of profits, business, contracts, revenue, damage to the Customer’s reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsoever arising out of or in relation to the Agreement and the final Translation.
- Harry Clark Translation’s entire liability for the final Translation under the Agreement is limited to the agreed quote.
D. Intellectual Property and Copyright
- The Customer warrants that the Source Material and the final Translation do not infringe any intellectual property rights and will indemnify Harry Clark Translation for any costs, claims, or damages arising out of the Agreement, including, but not limited to management time, legal fees, and may at its own cost defend or settle, any claim, action or proceedings brought against Harry Clark Translation, based upon a claim of intellectual property rights infringement in relation to the Source Material or final Translation.
- The intellectual property in the final Translation shall vest in the Customer once full payment has been received. Harry Clark Translation is entitled to retain one copy of the Source Material and final Translation free of charge and for internal business use only (for example as future reference material). The same applies if the Customer refuses payment for the final Translation or rejects it as unsatisfactory.