TERMS OF SERVICE
Any orders placed for services are subject to the Terms of Service outlined in this document, and no other terms of service will take precedence over these terms, unless expressly stated in writing between the Service Provider (Kim Edwards-Buarque) and the Client (person or company ordering the services). In placing orders, the Client is agreeing to these Terms of Service, regardless of the time they became aware of them. The Service Provider preserves the right to exercise the provisions in these Terms of Service, during the working period or at a later date. Any condition to the contrary must be expressly accepted by the Service Provider, in writing, regardless of when the Service Provider becomes aware of the condition.
- QUOTES AND ORDERS
The Service Provider will provide a free quote based on the documents and information provided by the client. The quote will include and be based on:
- The number of words in the source language text.
- The language pair.
- The way in which the project is priced.
- The delivery date of the finished project.
- The format of the documents to be delivered, should a specific layout be requested.
- Any special rates applied due to urgency, formatting, research or any other service which is extra to those usually provided by the Service Provider.
The Client must confirm the quote provided in writing within one month of issue, after which the Service Provider has the right to consider the quote null and void. The Service Provider will only start work on the project upon having received written confirmation from the Client. Should changes to the project occur, following the initial quote and agreement, the Service Provider has the right to, after informing the Client, charge additional fees or modify the delivery date accordingly. Such cases may include:
- Modification of documents or the inclusion of extra documents, after the initial quote was prepared and confirmed.
- When the documents were not finished during the quoting process, and exceed the previously confirmed or estimated number of words.
Should the Client not agree to the adjusted quote in the above circumstances, the Service Provider reserves the right to not commence work on the project.
The Service Provider reserves the right to offer discounts or reductions, where appropriate, though these only apply to the project in question and will not automatically be made available for future services.
The delivery date agreed in the Service Provider´s quote is valid for 24 hours, within which time the Client must confirm and ensure that all documents and information have been provided. The Service Provider reserves the right to alter the delivery date proposed, should the Client delay in confirming the order or fail to provide all of the necessary information on time.
- OBLIGATIONS OF THE SERVICE PROVIDER.
The Service Provider will do everything possible to provide a translation that is as faithful as possible to the original and complies with professional standards. The service provider reserves the right to evaluate the adequacy of the glossary and terminology supplied by the Client, and should there be any objection regarding its use, before starting the project, will inform the Client of which points in the glossary or terminology she is not in agreement with. The Service Provider will not be held liable for inconsistencies or ambiguities in the source text, and should the Service Provider raise any doubts with the client, they must be answered as quickly as possible in order to comply to delivery deadlines.
- THE CLIENT´S OBLIGATIONS.
The Client has the responsibility of providing all documents and necessary information, including, should it be the case, any specific terminology that they would like implemented in the project, to the Service Provider. Should the Client fail to do so, the Service Provider will not be held liable if the translation does not conform to the Client´s terminology standards or if the delivery is late. The Client must raise any queries or issues concerning the final translated documents within ten days of receiving them, otherwise no claims may be made. The Client agrees to consider email receipts as proof of delivery.
The Service Provider agrees to preserve total confidentiality of information provided by the Client before, during and after providing services. The Service Provider will not be held liable in the case of information being intercepted during the transfer of data on the Internet, and the Client must state the method of delivery at the time the order is placed, should there be a preference in order to preserve sensitive information.
Material delivered to the Service Provider for translation must be in a workable format (Word or one that can be converted using CAT Tools). Should the project require additional formatting or setup, then extra charges may be incurred.
The Service Provider is only liable, under any circumstances, for the invoiced value of the work carried out. The Service Provider will do everything possible to comply with delivery deadlines, however, will not be held liable to penalties for missed deadlines if they are caused by circumstances out of the Service Provider´s control, such as force majeure, energy blackouts, etc.
- CORRECTIONS AND PROOFREADING
Should disagreements arise regarding certain aspects of the translation, the Service Provider reserves the right to correct these aspects in cooperation with the client, or receive a copy of the corrections of carried out by a third party. If the translation is to be published, the Service Provider reserves the right to proofread the final document before publishing. All quotes issued by the Service Provider include one round of corrections if requested by the client. Unless otherwise specified in writing, all extra corrections will be charged at the Service Provider´s hourly rate.
Unless otherwise agreed, payment shall be made no later than 30 days from the date of invoice. Failure to do so could result in the interruption of any outstanding work, additional late payment charges or possibly, legal action, without any formal notice being required.
The Client is responsible for ensuring that all documents supplied to the Service Provider do not infringe on any third party rights. The Client, therefore, must be the author of the original document or have written permission from the copyright holder to have it translated. Under no circumstances will the Service Provider be held liable for a whole or part of a document, should there be a violation of third party rights or applicable legislation.
In addition, the Client agrees that the translation or work produced by the Service Provider is a new document, in the case of literary translation, whose copyright is jointly held by the original author and the Service Provider. To this end, the Service Provider reserves the right to request that the Service Provider´s name be credited in any published copies or publications of the translation.
Should a confirmed project be cancelled, in writing, after the Service Provider has started the work, for whatever reason, the Client must pay the Service Provider 100% of the confirmed sum, where the project was completed, or 50% of the confirmed sum, if the project was incomplete.
- COMPLAINTS AND DISPUTES
In the event of a complaint or dispute between the Service Provider and the Client, all possible means of an amicable settlement should be explored. Either party may refer the matter to APTRAD (Associação Portuguesa de Tradutores e Intérpretes) by registered letter or email with a return receipt. The parties agree to allow APTRAD to attempt to arbitrate using the means it deems appropriate. The parties agree to act in good faith and aid the arbitration process, and also refrain from using other channels to try to resolve the matter within four months of it being submitted to APTRAD for arbitration. Failure to observe the latter signifies an incapacity to resolve the matter amicably and may result in a penalty of 1,500.00€ to the other party.