Terms and Conditions
The terms and conditions are issued by Louise McTavish (founder of LMA Translation) and are the basis for all of her work related to translation, proofreading and other linguistic services. For the purposes of this text, the word ‘Translator’ will refer to Louise McTavish (the party providing the translation and/or other linguistic service(s)), and the word ‘Client’ will refer to the party commissioning the Translator to provide a Translation or other service(s). The term Translation Project shall refer to the translation or other linguistic service provided by the Translator. The “Source language” shall refer to the original language of the text submitted by the Client. The “Target language” shall refer to the language into which the text is to be translated.
1. Applicable Law
The terms of business shall be in accordance with European Union Law. In case of any dispute, the Translator and the Client must agree to abide by.
For all Translation, Proofreading, Audio Transcription and Subtitling projects, the Client will be charged based on the number of words in the Source Text. If the Translation project contains very technical vocabulary or is related to a niche topic, the Translator reserves the right to alter the price per word at her discretion. Likewise, if the Client requires the Translation to be carried out under a tight deadline, the Translation also reserves the right to charge an added fee in addition to charging per word of the Source Text. The minimum payment for any Translation project (or others as stated above) is €10 or the equivalent in other currencies based on the exchange rate at the time the Translation commences.
For services relating to CV Optimisation, Administrative Services for Expatriates and Contract Summaries, the Translator will charge per hour or work done, for a minimum of one hour’s work (or half an hour in the case of Administrative Services). When billing on an hourly basis, the costs will be rounded up to the nearest half hour e.g. one hour and fifteen minutes will be billed as one hour and thirty minutes.
The Client will pay the Translator in Euros, unless otherwise agreed when the Translation commences. If the Client wishes to pay in a currency other than Euros, (s)he must specify before the Translation has begun. The amount billed will be calculated based on the exchange rate on the date that the Client commissions the Translator to carry out the Translation Project. The amount will be rounded up to the nearest whole value, e.g. 1.74GBP will be billed as 2GBP. The Translator reserves the right to refuse currencies other than EUR, GBP and USD.
a) i) Private clients
For private Clients, payment must be received before any Translation Project commences. Payment must be made either via Paypal, or by cheque or bank transfer. The Translator will send the Client an invoice before any work has begun. In case of any calculation errors on the Translator’s part, the Client will be reimbursed when the Translation Project has been finalised.
ii) For Professional Clients, an invoice will be sent at the end of the calendar month once the Translation has been completed. The Client then has exactly 30 days to settle the invoice, from the day the invoice has been sent. The Client has until midnight (GMT+1) 30 days after the invoice has been sent to settle the bill, otherwise additional charges will incur.
b) Late payments: For all late payments, an additional 10% per day of the overall amount charged will be added to the original invoiced amount.
c) Additional fees: The Translator reserves the right to charge for any additional services carried out such as (but not exclusively): long-distance phone calls, delivery between 8pm and 8am (GMT+1) and long-distance telephone and telefax communication due to document ambiguity etc. The Translator will forewarn the Client of any additional fees before undertaking the service.
i) Cancellation fees shall apply if the Translation Project is cancelled after work has already commenced. The fee shall be in direct relation to the percentage of service(s) already performed, but in any event not less than 50% of said fee agreed before the Translation Project begins, unless otherwise agreed.
ii) If a Client goes into liquidation (other than voluntary liquidation for the purposes of reconstruction) or has a Receiver appointed or becomes insolvent, bankrupt or enters into any arrangement with creditors the Translator shall have the right to terminate a contract.
5. Delivery arrangements
Before any Translation Project begins, the Client must specify the format in which (s)he wishes to receive the finished project, e.g. by post, via email (PDF, .doc), Dropbox or Trados. If the Client at any time wishes to change the delivery arrangements, he/she must notify the Translator in ample time before the Project deadline. The Translator reserves the right to refuse any change to the delivery arrangements at any time.
i) For any completed Translation Projects sent by post, postage and packaging charges will apply.
ii) The Translator accepts no liability for any completed Translation Projects sent by post that do not arrive or arrive late. All completed Translation Projects sent by Post will also be sent via e-mail or Dropbox on the day of postage.
iii) If the Client wishes to receive the completed Translation Project by recorded delivery, he/she must specify when Delivery Arrangements are being made. The Translator will then communicate any tracking number(s) once the item has been sent.
6. Payment Terms
For Translation Projects totalling more than 30,000 words or the equivalent of an estimated 35 hours of work, the Client must pay half of the fee decided by the Translator before any work commences.
7. Disputes and Complaints
All work carried out by the Translator will be to the highest of her ability. If the Client is not satisfied with the completed Translation Project, he/she must submit any complaints to the Translator directly within 7 days of receipt of the completed project.
If the Source text is copyright, the Translator shall only accept the assignment under the condition that the Client:
i) has obtained the translation rights or;
ii) will be using the translation for private study only.
The Translator accepts no liability for copyright infringement on the Client’s part. The Client agrees to keep the Translator harmless from any legal action which may arise from infringement of copyright laws.
i) The Translator will treat all work entrusted in her in complete confidentiality and will not make contact with any of the Client’s clients without the permission of the Client themselves.
ii) The Translator will not make or distribute copies other than those required to carry out the Translation Project.
iii) The Translator will make the Confidentiality Agreement known to any Third Parties she may employ (sub-contractors, proofreaders etc.). Occasionally the Translator may need to consult with other translators for clarification or confirmation or certain terminology, but will ensure that all material is kept otherwise strictly confidential.
iv) The Client shall not disclose any information about the Translator or her business (LMA Translations) to any other Third Parties without her permission. This includes, amongst other elements, her fees, working methods, and contacts of proofreaders etc.
10. Responsibility and Liability
Time and Expense permitting, the Translator agrees to carry out all Translation Projects to the highest of her ability, and strives to ensure that the completed text is suitable for its purpose specified by the Client. The Translator considers all of the Translation Projects to be for information purposes only, and accepts under no circumstances liability for any consequential losses.
11. Force majeure
In the event of my being unable to complete the work within the agreed time as a result of force majeure (i.e. fire, storm, tempest, flood or any other natural disaster, industrial dispute, civil commotion, acts of war, terrorism or any other situation beyond the Translator’s control), the Translator shall notify the Client of the circumstances as soon as they arise, which shall entitle the Client and the Translator to withdraw from the contract for the Translation Project. The Client shall pay the Translator for any work completed, and the Translator will do what she can to find alternative action to complete the Translation Project.
As a safeguard against hard disk failure or theft of computer equipment, the Translator backs up all work externally on a daily basis.