Terms & Conditions

These Standard Translation Terms and Conditions are deemed to apply in all contractual relationships between Axis Translations "Axis Translations" and its Clients and constitute the whole agreement between the parties, except where specifically noted and agreed in the Order Confirmation to the Client. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. If any provision of these Standard Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Standard Terms and Conditions and the remainder of the provision in question shall not be affected.

1. INTENDED USAGE
i. A Client shall clearly indicate the intended use of the translation. Unless otherwise specifically agreed, it is understood that the translated work is for the exclusive use of the Client in the ordinary course of its business and will not be published, or otherwise distributed for profit without obtaining prior agreement from Axis Translations. Furthermore, it is understood that the translated work will not form the substance of any legal agreement without prior review by a competent professional in the country of intended use.
ii. Should a Client wish to use a translation for any other purpose than that for which it was originally supplied, the Client shall obtain confirmation from Axis translations that the translation is suitable for the intended new purpose. Axis Translations reserves the right to amend and adapt the previously supplied translation, if necessary, for the new purpose.
2. RIGHT OF REFUSAL
i. As a rule Axis Translations translates text of any kind. However Axis Translations reserves the right to refuse certain texts without explanation.
2. QUOTATIONS
Verbal quotations are given for guidance only. They are not binding on Axis Translations and are subject to written confirmation on receipt of the text for translation. Written quotations remain valid for 30 days after despatch. The cost of a translation is determined either on the basis of standard prices negotiated with the client or on the basis of quotations prepared by Axis Translations.
3. PAYMENT
i. All accounts are net.
ii. All individuals and non-UK companies / businesses are requested to make payment prior to the commencement of work.
iii. Normal payment terms, in all instances not described in (i) above, are that payment is due prior to commencing work on the project. Although, at the discretion of Axis Translations, payment may be agreed to be in installments if offered prior to the commencement of the work. For long assignments or texts, Axis Translations may request periodic partial payments or terms to be agreed.
iv. Monthly credit accounts may be opened for regular Clients on request, in which case payment must be received by the 20th day of the month following the month in which the invoice is raised.
v. Without prejudice to Axis Translations's other rights, a service charge of 3% per month or £5 whichever is the greater will be made on all accounts outstanding beyond the due date to cover financial & administrative costs and will be added to these accounts.
vi. All payment to be in currency previously agreed in writing on the quotation by Axis Translations.
4. COMPLETION OF WORK
We provide prompt delivery. However, any date agreed by Axis Translations for delivery is given and intended as an estimate only. Axis Translations will make every endeavour to meet such an estimated date but shall not be liable to make good any damage or loss, whether arising directly or indirectly out of its failure to meet such date. The Client may, at any time after the expiry of the date, give Axis Translations reasonable notice, having regard to the original anticipated delivery period, but not less than seven days, and if delivery has not taken place within that period of notice, no charge will be made and the Contract will be considered cancelled. Should the transaction have been delivered after the expiry of the notice period and the Client does not rescind the cancellation of the Contract, Axis Translations requires the immediate return of any such translation delivered together with a signed disclaimer of the Client's right to use the same. Axis Translations reserves the right to sub-contract all or part of the work to a contractor of its choice.
In case of Force Majeure (Strike, Lockout, Industrial Dispute, Civil Commotion, Natural Disaster, Acts of War and any other situation which can be shown to have materially affected Axis Translations ability to deal with the Client as agreed) Axis Translations shall notify the Client without delay, indicating the circumstances. Force Majeure shall entitle both Axis Translations and the Client to withdraw from the commission, but in any event, the Client undertakes to pay Axis Translations for work already completed. Axis Translations will assist the Client, to the best of its ability, to place his commission elsewhere.
5. DELIVERY
Delivery is deemed to have taken place on posting or delivery to a carrier, or transmission by fax, modem or internet, as the case may be, and the risk shall pass to the Client. However, Axis Translations will retain a copy of the translation and in event of there being any loss or damage will forward a further copy free of charge.
6. URGENCY
Although an urgency surcharge may be levied on urgent translations, because such urgency may preclude the necessary time to check and edit the translation, Axis Translations will not accept any liability for any work submitted on an urgent basis.
7. CANCELLATION
If work is commissioned and subsequently cancelled, the Client shall pay Axis Translations either a sum equal to the proportion of the complete fee which the work completed bears to the original text and a further sum charged on a time basis for preliminary research and enquiries or shall pay Axis Translations some other compensatory sum to be agreed between the parties. The work completed shall be available to the Client.
8. LIABILITY
a. Axis Translations shall be relieved of all liability for obligations incurred to the client whenever and to the extent of which the fulfilment of such obligation is prevented by any cause beyond its control.
b. Axis Translations will not be held liable for any loss resulting from a translation that has not been proofread.
c. Other than the death or injury to any person resulting from our negligence, Axis Translations shall not be liable to the Client or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) and the Client shall indemnify Axis Translations against all claims and demands upon Axis Translations for any such consequential loss or damage.
d. For any death or injury resulting from our negligence, Axis Translations shall not be liable to the Client or any third party in any circumstances whatsoever for any loss or damages of any kind (including loss of profit) and the Client shall indemnify Axis Translations against all claims and demands upon Axis Translations for any such consequential loss or damage.
e. As a result of any error or omission in work undertaken by Axis Translations, Axis Translations will, as its option, either re-type the work or compensate the Client for the cost of any additional typing or printing up to the amount of our fee, in respect of that work, provided that such fee has been paid in accordance with Axis Translations terms of business and provided the work has been used by the Client for the purpose indicated on the order. For publication - Axis Translations will only accept responsibility for any errors or omissions if the galley proof is submitted to Axis Translations for a final check prior to going to print. All figures will be left for the client to check and Axis Translations will not be responsible for any errors in the figures.
f. Axis Translations does not accept any liability for translations undertaken over the telephone or by fax.
g. In the event of the use of the translation by the Client for a purpose other than that for which it was supplied, the Client shall not be entitled to any compensation by Axis Translations, and the Client shall indemnify Axis Translations against any loss arising as a result to Axis Translations, in goodwill or otherwise.
h. The maximum claim that a Client may seek against Axis Translations is limited to value of the project in question.
9. CONFIDENTIALITY AND SAFE-KEEPING OF THE CLIENT'S DOCUMENTS
Axis Translations shall at no time disclose to any Third Party not directly involved in the translation any information contained in the Client's original documents or translations thereof, without the express authorisation of the Client. Axis Translations is responsible for the safekeeping of the Client's documents or translations thereof, including copies, while these are in Axis Translations keeping, and shall dispose of such documents after the project has been completed. If requested to do so, Axis Translations will insure documents in transit from Axis Translations, at the Client's expense.
10. ILLEGAL MATTER
The Client warrants that the required translation does not infringe any copyright or other proprietary right and shall indemnify Axis Translations in respect of all actions, claims, proceedings, costs and damages incurred or awarded and paid in respect of, or arising out of, any breach of such warranty or out of any claim by a third party based on any facts which if sustained, would constitute a breach of such warranty.
11. REPRESENTATION
No oral representation or statement shall be binding upon Axis Translations, whether as a warranty or otherwise, nor shall anything be implied from any such representation or statement.
12. USE OF TRANSLATORS
If any Client or associate uses the services of a relevant person other than by submitting the work to this Company, the Client shall forthwith pay to Axis Translations: -
a. Where the relevant person becomes an employee of such Client or associate a sum equal to 20% of the gross annual remuneration of such relevant person or a sum of £3,000 whichever shall be the higher, and
b. In any other case, the sum of £4,000 for each year the relevant person is so used.

For the purpose of this Clause "associate" means any partner of the Client and any Company in which the Client or any firm in which he is a partner holds not less than one-third of the issued equity share capital (as defined in Section 154 of the Companies Act 1948) and any subsidiary of such Company (as so defined) or in the case of a Client who is a Company, any Company which owns directly or indirectly not less than one-third of the issued share capital of the Client. 'Relevant person' means any translator, interpreter, typist or other person who shall have been engaged either as an employee or independent contractor by Axis Translations and who shall have provided work for such Client directly or indirectly through Axis Translations within twelve months preceding the use of their services by the Client or an associate as aforesaid.
13. COPYRIGHT
a. For texts, which are published and sold in the open market, in the absence of a specific written agreement to the contrary, copyright in the translation remains the property of Axis Translations. Where the translation is known by Axis Translations to be intended for publication, it is agreed that Axis Translations grants to the client a licence to publish the translation on a single occasion, in consideration of the agreed fee and when this has been paid. Where copyright is assigned, this is likewise effective only on payment of the agreed fee in full. Where work on a translation is started but the translation is not completed copyright in the incomplete translation remains the property of Axis Translations, and the conditions applicable to assignment of copyright and those applicable to the grant of a licence to publish shall be as specified above in relation to a completed translation.
b. Where documents, advertising and promotional material are to be used for normal business purposes, it is accepted as standard business practice that payment of the fee to Axis Translations automatically transfers to the Client in perpetuity all rights in the text, including copyright and the right to amend, and Axis Translations shall have no further claim on the Client in respect of that translation unless otherwise agreed in writing.
c. Where Axis Translations retains the copyright, unless otherwise agreed in writing, any published text of the translation shall carry the following statement (language) text, (translator's name), 20-- as appropriate to the particular case.
14. SETTLEMENT OF DISPUTES
a) Any disagreement with the accuracy of translation or other services must be advised, in writing, within five working days of delivery.
b) Any disputes regarding the accuracy of translation or other services that cannot be satisfactorily resolved between the parties may be referred to the Arbitration Board of the Institute of Translating and Interpreting (ITI) or the Association of Translation Companies (ATC) within a time limit of two months from the date on which the original complaint was made. By the application and acceptance of these Terms, it is implicitly agreed, that the decision of the arbitrators shall be final and binding on all parties involved.
15. GOVERNING LAW
All contractual relationships between the Client and Axis Translations shall be governed by English law and action in the County Court will be taken in a London County Court in whose jurisdiction the work is being carried out.

Please contact our team for further information or to get a free quote:
UK Tel: +44 (0207) 193 1808, UK Fax +44 (0870) 622 1809
USA Tel: +1 (415) 315 9818 info@axistranslations.com

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