Terms & conditions for
Clients
Please
take your time to read these Terms and Conditions carefully as they form
the basis of your contract with Indian Translation Agency. It is implicit that
you have accepted the Terms and Conditions as laid out below when you
submit your order to Indian Translation Agency.
GENERAL
These
general terms and conditions apply to all legal relationships between
Indian Translation Agency ("Indian Translation Agency") and the Client, and supersede
any terms and conditions referred to, offered or relied on by the Client,
unless Indian Translation Agency specifically approves the application of such
terms in writing.
QUOTATIONS,
CONCLUSION OF CONTRACT
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Quotations
and estimates issued by Indian Translation Agency are free of obligation.
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Indian
Translation Agency may revoke quoted prices or terms of delivery if it has
not had the opportunity to view the entire text to be translated prior
to issuing the quotation. The Client's oral or written acceptance
of the quotation submitted by Indian Translation Agency or, if no quotation
was submitted, written confirmation by Indian Translation Agency of an order
placed by the Client shall constitute a contract.
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Indian
Translation Agency may consider as a Client any person or entity that has
placed an order with Indian Translation Agency, unless said person or entity
has explicitly stated that they are acting on behalf and at the expense
of a third party, with whose name and address they shall provide Indian
Translation Agency on placing the order.
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Agreements
with and promises made by representatives or personnel of Indian Translation Agency
shall not be binding unless confirmed by Indian Translation Agency in writing.
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Any
reasonable doubt on the part of Indian Translation Agency about the Client's
ability to pay shall entitle Indian Translation Agency to require sufficient
security from the Client before executing the order.
CHANGES
TO OR CANCELLATION OF ORDERS
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Any
major changes made by the Client to an order after the contract has
been concluded shall entitle Indian Translation Agency to either modify the
quoted price and/or term of delivery or refuse to execute the order
after all. In the latter case, the Client shall pay for the work already
performed.
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Cancellation
of an order by the Client shall entitle Indian Translation Agency to claim
payment of any translation work already performed for that order as
well as compensation for hours spent on research for the remainder
of the order. Indian Translation Agency shall make the work performed available
to the Client at the latter's request, but shall accept no responsibility
for its quality.
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If
Indian Translation Agency has reserved time for the execution of the order,
it may charge the Client 50% of the fee for the non-executed part
of the work.
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Indian
Translation Agency may publicly reveal client's credentials and any details
in case client does not fulfill claims arising from the above.
EXECUTION
OF ORDERS, CONFIDENTIALITY
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Indian
Translation Agency undertakes to carry out orders to the best of its ability,
bringing to bear sufficient professional know-how to meet the purpose
indicated by the Client.
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Indian
Translation Agency shall keep any information provided by the Client strictly
confidential and require its employees to do the same. However, Indian
Translation Agency shall not be liable for breaches of confidentiality by
its employees if it can sufficiently demonstrate that it was unable
to prevent the same.
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Unless
explicitly agreed otherwise, Indian Translation Agency shall be entitled
to hire others to execute the order (in full or in part), without
prejudice to Indian Translation Agency' responsibility for the confidential
treatment and proper execution of the same. Indian Translation Agency shall
require any third party involved in the execution of an order to keep
confidential anything they may learn in the course of their duties.
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The
Client shall honor any request for information by Indian Translation Agency
about the content of the text to be translated as far as possible,
as well as requests for documentation and lists of terms if such are
available. Such information and documentation shall be dispatched
at the Client's expense and risk.
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Client
shall inform Indian Translation Agency of special requirements if any prior
to issue of quotation. Indian Translation Agency may revoke quoted price
if any such requirement is brought up after quotations.
TERM
AND DATE OF DELIVERY
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Delivery
dates are provisional, unless an explicit written agreement stipulates
otherwise. Indian Translation Agency shall notify the Client immediately
if it perceives that it will be unable to meet an agreed delivery
date.
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If
a fixed delivery date is specifically provided for in writing and
Indian Translation Agency fails to meet it for reasons other than matters
beyond its control, and if the Client cannot reasonably be expected
to brook any delay, the Client shall be entitled to cancel the contract.
In such cases, however, Indian Translation Agency shall not be liable to
pay any damages whatsoever.
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Delivery
shall be deemed to have taken place the moment the text is sent by
post, fax, telex, courier, modem, the Internet, etc.
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Data
sent by electronic mail shall be deemed to have been delivered as
soon as the medium has confirmed sending the message.
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The
Client shall help Indian Translation Agency execute the order by doing whatever
may reasonably be necessary or conducive to its timely execution.
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The
Client shall do everything in its power to facilitate delivery of
the service produced by Indian Translation Agency under the contract. Any
refusal to accept Indian Translation Agency' service shall constitute default
on the part of the Client, and the provisions of sub-clause 5 shall
apply accordingly, even if no explicit request for acceptance has
been made.
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In
case of delay in delivery, Indian Translation Agency may provide discounts
to the client. Indian Translation Agency is not bounded to take any such
action and it is solely Indian Translation Agency right to decide the the
amount of discount to be offered.
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If
the work involves input/information from the client or any third party
then Indian Translation Agency would not be responsible for any delays due
to time taken by interaction and processing of data acquired.
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There
is no compulsion on Indian Translation Agency to complete the rush jobs in
time agreed due to nature of such jobs. The client would be informed
if there is a delay and additional time would be awarded by client
if possible.
PRICES
AND PAYMENT
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Quoted
prices shall apply only to services conforming to agreed specifications.
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Indian
Translation Agency shall be entitled to raise the agreed price if it is forced
to perform more work or incur more costs than might reasonably have
been foreseen on conclusion of the contract as a result of having
to work with very difficult or unclear texts, for example, or faulty
files or computer programs supplied by the Client. This list of examples
is not exhaustive.
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50%
of the payment shall be given as advance or as agreed in writing by
Indian Translation Agency.
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50%
of the payment shall de done with in 3 days (or as agreed in written)
of the completion of the work or as agreed in writing by Indian
Translation Agency.
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Payment
for services supplied under the contract are due prior to commencement
of work or, if agreed by Indian Translation Agency, in staged payments for
bulk material (or within any other term fixed by Indian Translation Agency
in writing). Payment shall be net and in full - without any discount,
set-off or suspension - in the currency invoiced. If payment is not
made by the due date, the Client shall be in default - immediately
and without notice of default being required - as well as owing the
statutory interest on the invoice amount from the due date until full
settlement.
COMPLAINTS
AND DISPUTES
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If
the Client has any complaints about the service supplied by Indian
Translation Agency, it shall submit them in writing as soon as possible,
yet never later than 10 days after receiving the said service. Lodging
a complaint shall not release the Client from its obligation to pay.
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If
no complaints are made within the term fixed in sub-clause 9.1 above,
the service shall be deemed to have been fully accepted, and Indian
Translation Agency shall only act on complaints if it sees fit to do so.
Indian Translation Agency' changing any part of the translated or edited
text at the Client's request shall in no way constitute an acknowledgement
on the part of Indian Translation Agency of having supplied an inferior service.
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In
the case of a valid complaint, Indian Translation Agency shall be granted
a reasonable period of time to improve or substitute the service.
If Indian Translation Agency cannot reasonably be expected to perform the
required improvements or substitution, it may grant the Client a discount.
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The
Client's right to complain shall lapse if the Client has itself edited
or has hired others to edit the part or parts of the service concerned
in the complaint, regardless of whether it has subsequently supplied
the service to a third party or not.
LIABILITY,
INDEMNITY
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Indian
Translation Agency shall not be liable for any damage whatsoever in respect
of any inconsistency or ambiguity of service rendered. Indian Translation Agency
shall under no circumstance be liable for other forms of damage, such
as consequential damage, loss of profits or losses due to delays.
Indian Translation Agency' liability shall never exceed the invoice amount
of the service in question.
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Ambiguity
of the text to be translated shall release Indian Translation Agency from
any liability whatsoever.
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The
decision whether the use of a text to be translated/edited or the
translation/edited version thereof produced by Indian Translation Agency
entails any risk of injury or losses due to injury shall be entirely
at the Client's expense and risk.
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No
liability whatsoever shall be incurred by Indian Translation Agency in respect
of damage to or loss of documents, data or data carriers provided
by the Client to facilitate the contract's execution. Nor shall any
liability be incurred by Indian Translation Agency in respect of costs and/or
damage incurred as a result of (a) the use of information technology
and telecommunications media, (b) transport or dispatch of data or
data carriers, or (c) the presence of computer viruses in any files
or data carriers supplied by Indian Translation Agency.
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Indian
Translation Agency' liability shall never exceed the value of the quotation
per event.
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The
Client shall indemnify Indian Translation Agency against any claims by third
parties deriving from use of the service, barring any liability incurred
by Indian Translation Agency by virtue of this clause.
CANCELLATION
& FORCE MAJEURE
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Any
failure on the part of the Client to meet its obligations, as well
as bankruptcy, a moratorium or liquidation in respect of the Client's
company, shall entitle Indian Translation Agency to either cancel the contract
(in part or in full) or postpone its execution without any claim to
damages on the part of the Client. In such cases, Indian Translation Agency
shall also be entitled to demand immediate payment.
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If
Indian Translation Agency should prove unable to meet its obligations due
to circumstances beyond its reasonable control, it shall be entitled
to cancel the contract without being liable to pay damages. Such circumstances
include, but are not limited to: fire, accidents, illness, strikes,
riots, war, transport restrictions and delays, government measures,
power failure, disruption of the services of Internet providers, and
other instances of force majeure.
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If
Indian Translation Agency is compelled by force majeure to discontinue execution
of the contract, the Client shall still pay for any work performed
up until that moment as well as any costs and expenses incurred.
COPYRIGHT
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Barring
explicit, written agreement to the contrary, the copyright to any
translations or other texts produced by Indian Translation Agency shall rest
with the same.
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The
Client shall indemnify Indian Translation Agency against any and all claims
by third parties in respect of alleged violation of property rights,
patent rights, copyrights or other intellectual property rights relative
to the execution of the contract.
100%
SATISFACTION GUARANTEE
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100%
satisfaction guarantee means that Indian Translation Agency will provide
corrections in the translation in case there are errors in the translation.
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This
does not cover difference in opinion of different people as there
may be thousands of ways to express a single thought.
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This
guarantee will not be bounded by the agreed deadline. Indian Translation Agency
must be informed about such requirement within 30 days from receiving
the said service.
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Any
changes in original text will not be covered under this guarantee.
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Jobs
declared rush job will not be covered under this guarantee.
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This
does not entitles the Client to release from its obligation to pay.
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Anything
in this regards will be as per Complaints and Disputes Section mentioned
above and all other clauses mentioned in this agreement.
ADDITION/CHANGE
OF ORIGINAL TEXT
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Any
additional work arising from change or addition in original text will
attract extra charges.
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This
also includes any additional consultation services required which
was not agreed upon before.
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The
charges will be decided by Indian Translation Agency.
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This
additional work will follow all clauses mentioned in this agreement.
GOVERNING
LAW
All legal
disputes are subject to the jurisdiction of Delhi, India only.
CONSENT
TO AGREEMENT
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understand and abide the terms & conditions and consequences of all
agreements for Clients and Linguists.
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