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The following Terms and Conditions are aimed to protect both the translator and the client.
I think that every professional collaboration should be based on a mutual agreement, and that is why I always read my clients/potential clients NDAs and Terms and Conditions and, if I agree with them, sign them.
I realise most translators do not have any T&Cs in place and most clients are not used to get any from translators. Notwithstanding, I do not think it would be professional to start any collaboration without stating one's conditions beforehand.
Since these Terms and Conditions are posted on the Internet, clients are deemed to have read and accepted them before contacting me for any projects.
TRANSLATOR AGREEMENT GENERAL CONDITIONS
1.1 These General Conditions apply to all and any agreements between Maria Antonietta Ricagno (hereinafter “the Translator”) and her clients, except any different and express agreement in writing.
1.2 The Client's General Conditions will only be binding after the Translator has expressly accepted them.
1.3 The Translator will accept the job using the due care based on the professional principles. The Client will receive the translation based on the indications and instructions provided to the Translator.
2.1 The client shall communicate to the Translator any instructions related on how to carry out he translation, i.e. target use of the text(s), methods of delivery, file format, any CAT tools required, any special fonts, and shall send any and all reference materials, fonts, inDesign filters and tools, glossaries, terminology lists, acronyms meaning if they are to be translated, figures etc. which are deemed necessary for the execution of the job.
2.2 The Translator shall not be responsible of any delays in deliver nor errors or mistranslations caused by the lack of the above materials and information.
2.3 In case of texts whose translation is copyrighted, the Translator shall not be liable of any infringements whatsoever.
3. Errors, typos, changes
3.1 The Translator reserves the right to amend any errors. A term of seven (7) days is allowed to notify the Translator of any desired changes; after that period, all jobs shall be considered as satisfactory and no claim shall be taken into account.
3.2 The above provision is extended in case of translations concerning software applications et similia, to allow testing of the software. In such cases, the term will be therefore extended to two (2) up to three (3) weeks.
4.1 The Translator is liable for negligence and willful misconduct. It shall not be considered negligence any serious damages caused by computer failures and transmission problems via email or caused by viruses. The Translator shall take precautions by using anti-virus software. The liability of negligence only exists in case of breach of basic obligations.
4.2 The Translator has a professional insurance policy (McParland Finn Ltd (MFL) of Barlow House, Minshull Street, Manchester, M1 3DZ).
5. Professional confidentiality clause
The Translator shall treat as confidential all facts and information she will become aware of in the course of her work.
6. Extension to third parties
￼(1) To fulfill the contract, the translator shall be entitled to rely on third parties or to charge for such compliance or non-professional collaborators.
(2) In appointing a third professional translator she shall ensure that they will comply with the Confidentiality clause as set at point 5.
(1) Invoices of the translator must be paid without delay within 30 days after the invoice date.
(2) All prices are net and the same legal tax will be added.
(3) The translator is entitled to receive, in addition to the agreed fee, reimbursement of expenses actually incurred and previously agreed with the customer. In all cases, the value added tax will be charged additionally as required by law. In case of extensive translations, the Translator may require an appropriate advance payment. The Translator may agree in writing with his client to pay the full fee before delivering the work.
8. Retention of title and copyright
(1) Translation is property of the Translator until receipt of the total amount by the Client. Until then, the Client has no right to use the translation.
9. Right to Cancel
In case the Client cancels the jobs already assigned with a PO, and the Translator has already started it, the Client shall pay the partial job made until the moment it was cancelled.
10. Applicable law
(1) For the order and all rights deriving from it apply Spanish law.
(2) The place of performance is the residence of the translator.
(3) The place of jurisdiction is the place of performance.
(4) The contract language is English.
11. Exclusion Clause
Should any of the above provisions become invalid, they shall not affect the validity of the remaining provisions. A provision that is invalid must be replaced by another one, which will be as similar as possible in terms of economic performance and the objective.
12. Changes and additions
Amendments and supplements to this contract are only valid if they have been agreed in writing.