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Terms and Conditions

Definitions

  1. “Terms and Conditions” is defined as the general business terms and conditions of Stealth Translations Limited as set out below;
  2. “The Company” is defined as Stealth Translations Limited (a registered company in Northern Ireland, United Kingdom; under company number 604128);
  3. “Translate”, “Translated” and “Translation” are defined as rendering information in the Source Language into the Target Language in written form. A “Translator” is defined as a person who translates;XEl13M2M
  4. “Revise”, “Revised” or “Revision” are defined as an examination of a Translation for its suitability for the agreed purpose, comparing the Source Text and Target Texts and taking corrective measures accordingly. A “Reviser” is someone who revises;
  5. “Review” or “Reviewed” is defined as an examination of a Target Text for its suitability for the agreed purpose and respect for the conventions of the domain to which it belongs and taking corrective measures accordingly. A “Reviewer” is someone who reviews;
  6. “Source Text” is defined as any document, material, elements of text, images, photographs, graphics, designs or other forms of data, which is to be Translated. “Source Language” is the language in which the Source Text is written.
  7. “Source Material” is defined as any documents, material, elements of text, images, photographs, graphics, designs or other forms of data in any format, provided by the Client to the Company, in addition to a Source Text(s);
  8. “Target Language” is defined as the language into which the Source Text is rendered;
  9. “Target Text” or “Completed Work” are defined as the result of Translation Services, by which any finalised documents, files, materials and other works Translated, whether or not Revised, Reviewed or quality assured, are produced by the Company for the Client and delivered to the Client in fulfilment of a specified Order;
  10. “Translation Services” is defined as the act of Translation or any other associated services that the Company provides to the Client with the accepted assumption that Completed Work shall be delivered to the Client in fulfilment of a specified Order;
  11. “The Client” is defined as a person, company, organisation or statutory/corporate body for whom the Company has agreed to provide Translation Services in accordance with the Terms and Conditions;
  12. “Purchase Order” is defined as an officially authorised document or equivalent written confirmation generated by the Client, in writing, requesting the Company to perform Translation Services and to deliver Completed Work to the Client;
  13. “Order” is defined as a confirmed request to the Client from the Company to perform Translation Services for the Client in accordance with the Terms and Conditions. An Order shall only be deemed valid when the Company receives a Purchase Order from the Client, in writing;

Quotations

  1. At the request of the Client, a written quotation shall be supplied by the Company, electronically in PDF format and shall remain valid for 30 calendar days from the date of issue;
  2. Quotations are not legally binding and are deemed to be for informational purposes only. When an Order from the Client is accepted and confirmed in writing by the Company and the Client has supplied a Purchase Order to the Company, in writing, the Order becomes a legally binding contract to provide Translation Services and delivery of Completed Work by the Company to the Client;
  3. Any requests for amendments to the Source Text, Source Material, details or instructions of the quotation from the Client, after acceptance of the quotation, confirmed in writing, may, at the discretion of the Company, necessitate a revision of the quotation and include an amended price to the Client. Should such amendments be deemed, at the discretion of the Company, to be significant, then the Company shall reserve the right to make void or alter the quotation in accordance with the Terms and Conditions;
  4. Any information provided in the Company’s brochures, websites or other published material shall be understood as a general description and for informational purposes only and therefore shall have no legal bearing on the Terms and Conditions or any Order;

Acceptance of an Order

  1. An Order from the Client will be deemed accepted and valid by the Company and therefore legally binding, once the Company has received a Purchase Order or equivalent communication from the Client, in writing, and written confirmation of receipt thereof has been given from an authorised representative from the Company to the Client;
  2. Temporarily, in lieu of a Purchase Order the Company shall reserve the right to refuse to proceed with an Order to provide Translation Services to the Client unless an authorised Order number has been given by the Client, in writing to the Company;
  3. Once an Order has been agreed and accepted by both parties, any requests for amendments to the Source Text, Source Material, word count, details or instructions of the Order from the Client, may, at the discretion of the Company, necessitate a revision of the Order and an amended  price. Should such amendments be deemed, at the discretion of the Company, to be significant, then the Company shall reserve the right to amend or cancel the Order in accordance with the Terms and Conditions;
  4. Should any amendments to the Order be deemed by the Company to be significant and subsequently shall hinder the fulfilment of the Order to the Client, then the Company shall  reserve the right to cancel the Order in accordance with the Terms and Conditions and the Client shall pay the outstanding amount for Translation Services completed up until this point;
  5. The Company shall not be bound in accordance with the Terms and Conditions to accept amendments from the Client to the Order once the Order has been accepted but may accept to do so on a discretionary basis;

Obligations

  1. The Company shall ensure that Translation Services and Completed Work are carried out using reasonable skill and care in accordance with accepted European translation industry standards;
  2. The Company shall use all reasonable skill and care in the selection of Translators, Revisers, Reviewers or other human resources used in the performance of its duties and responsibilities to the Client with regards to an Order;
  3. The Company shall Translate and Revise each Source Text for Clients who are deemed not to be a Translation agency, Translation company or other language services entity in accordance with accepted European translation industry standards;
  4. A Client deemed to be a Translation agency, Translation company or other language services entity shall be solely liable for the Revision and/or Review of a Completed Work. In such cases, the Company shall not be liable for Revision and/or Review of Completed Work in accordance with the Terms and Conditions;
  5. The Company shall, using all reasonable care and skill, deliver Completed Work to the Client in the requested file format and appropriate style, fulfilling the requirements of the Order, so far as is reasonably practical;
  6. The Company shall endeavour, using all reasonable care and skill, to deliver the Completed Work within the agreed time period, in accordance with the Order and shall inform the Client in good time and in writing, if delivery of Completed Work shall be delayed, stating the reason for the delay and giving a revised estimated time of delivery;
  7. The Company shall not be liable to the Client for any innocent or negligent misrepresentation by virtue of any statement made on behalf of the Company prior to acceptance of the Order and delivery of the Completed Work, whether orally or in writing. The Client shall not cancel the Order on grounds of any such misrepresentation;
  8. The Company does not warrant the following:
    • that the Completed Work will meet the specific requirements of the Client
    • that the operation or function of Completed Work delivered to the Client will be uninterrupted or error free
    • that the Source Text, Source Material or any communication between the Company and the Client will be free from the risk of interception, even if transmitted in encrypted form;
  9. The Company shall not be liable for the loss, corruption or interception of the Source Text, Source Material or of the Completed Work during transmission;
  10. Delivery of Completed Work to the Client shall be, by default, via means of electronic mail or download link, or if requested in writing by the Client and with the agreement of the Company, by registered first class post. In the case of delivery by registered first class post the cost of postage shall be borne entirely by the Client. The Client shall confirm in writing to the Company that Completed Work has been received and the Order has been fulfilled in its entirety by the Company;
  11. The Client shall bear all costs associated with printing and binding of Completed Work;
  12. The Company shall, using all reasonable care and skill and as far as is practical, ensure that all detailed instructions from the Client are followed for each Order. The Company shall not be   liable for any loss incurred to the Client due to details or instructions from the Client in an Order, which are omitted, illegal, unclear, misleading, imprecise, contradictory, or erroneous. The Company shall endeavour to make every practical and reasonable effort to seek clarification from the Client in such cases;
  13. The Client shall guarantee that any Source Text, Source Material or other communication or material, submitted to the Company, shall not contain anything of an obscene, pornographic, blasphemous, illegal or libellous nature, as deemed by the Company. Furthermore, the Client will not infringe upon the intellectual property rights of any third parties. In such cases, the Company shall not be liable for any infringement on the part the Client;
  14. The Client shall be solely responsible to provide the Company with any brochures, literature, website addresses, glossaries, term bases, style guides or any other pertinent reference material which has bearing on fulfilment of an Order. Without such provision from the Client, the  Company shall not be liable for errors, omissions or subjective Translation preferences of the Client;
  15. The Client reserves the right to cancel an Order within the first hour following confirmation of acceptance from the Company without any charge or penalty;
  16. If the Client or Company shall desire to cancel an Order before completion, the party desiring to cancel the Order, in accordance with the Terms and Conditions, shall request cancellation of the Order in writing. The Client shall agree to remunerate the Company according to the following percentage of words Translated from the total word count specified in the Order/Purchase Order:
    • 0% – 25% words Translated – 25% of the total Order price shall be payable by the Client;
    • 26% to 50% words Translated – 50% of the total Order price shall be payable by the Client;
    • 51% to 75% words Translated – 75% of the total Order price shall be payable by the Client;
    • 76% to 100% words Translated – 100% of the total Order price shall be payable by the Client;
    • For Source Text, which is in PDF or any other uneditable text format, the amount payable for each Order cancellation shall be calculated on the basis of each page or part page Translated. Each part page Translated shall be considered as Translated and therefore shall be treated as a complete Translated page and thus payable in full;

Confidentiality

  1. An authorised representative of the Client shall complete and sign the Company’s Non- Disclosure Agreement contained in Annex 1 of the Terms and Conditions. By signing the Non-Disclosure Agreement in Annex 1 the Client shall accept and agree to abide by both the Terms and Conditions and the Non-Disclosure Agreement contained in Annex 1;

Pricing and Payment

  1. The Company charges and receives payment in any of the following currencies: £ GBP; € EUR  or $ USD. Exchange rates and currency conversions shall be determined by the website of XE.COM INC., located at www.xe.com and are set at the specific day of the Order. An exchange rate or currency conversion shall not be negotiable retrospectively.
  2. All prices quoted are not inclusive of VAT or equivalent sales tax in other jurisdictions.
  3. All UK Clients shall pay VAT where applicable;
  4. All Orders are subject to a minimum charge of £15 GBP or equivalent in € EUR or $ USD. The Company quotes and charges on a per word basis unless otherwise agreed by both parties in writing on an individual Order basis.
  5. Payment for Completed Work shall be made to the Company within 30 calendar days from the date of invoice. Payment of an invoice is accepted by means of a UK bank cheque, Paypal, Moneybookers or direct bank transfer. Payment shall be in the currency stipulated in the Purchase Order for the Completed Work.
  6. The Company shall reserve the right, in accordance with the United Kingdom’s Late Payment of Commercial Debts (Interest) Act 1998, to charge interest on any overdue invoice. This late payment interest is calculated at the rate of the official Bank of England base rate figure plus four per cent. Late payment interest will start to accrue on the calendar day after the date on which payment of the outstanding invoice is due and shall be recalculated at monthly intervals.
  7. Additional services, such as typesetting of documents and/or desktop publishing (known in the print industry as “camera ready”), Source Text conversion, localisation, amongst other things, shall be chargeable in addition to Translation Services to the Client and shall be agreed upon by both parties before acceptance of the Order. This list of additional services is non-exhaustive;

Dispute Resolution

  1. The Client shall submit, in writing (either by first class registered post or email) to the Company, any questions, queries, requested amendments or complaints pertaining to Completed Work, within thirty calendar days of the Client’s receipt thereof. After this time period of thirty calendar days any questions, queries, requested amendments or complaints may be treated as invalid and thus may be rejected, at the discretion of the Company;
  2. The Company shall not be liable to amend Completed Work, if the thirty-day calendar period has passed. In such cases, additional amendments to Completed Work, requested in writing by the Client, shall be on a chargeable basis and at the discretion of the Company;
  3. The Company shall amend Completed Work due to any proven errors and/or omissions in the Completed Work, within the thirty-day calendar period, only provided that a full report is submitted in writing by the Client to the Company within the prescribed period, stating and detailing each alleged error and/or omission within the Completed Work and in accordance with the Terms and Conditions;
  4. The Client shall allow the Company reasonable and sufficient time to examine the full report and return to the Client, in writing, a detailed response to each alleged error and/or omission. Should the Client accept the responses from the Company, the Client shall allow the Company reasonable and sufficient time to correct agreed errors and omissions and return the revised Completed Work to the Client;
  5. The Company shall not be liable to amend any Completed Work for any alleged errors which are subjective or preferential words or terms;
  6. The Company shall not be liable for errors, omissions or illegible text in the Client’s Source Text, Source Material or any other communication from the Client;
  7. If the Company does not receive any written notification within the thirty calendar day prescribed period, in accordance with the Terms and Conditions, then the Company shall conclude that the Client has approved and accepted the Completed Work and the Company shall not be liable to amend the Completed Work;
  8. If the Client does not agree with a response to any alleged errors and/or omissions detailed by the Company in its written response, then the Company shall, at its sole discretion, employ the Revision services of an independent third party Translator who has experience and/or formal qualifications in the subject matter of the disputed Order and is a native speaker of the Target Language to assess the Company’s proposed amendments;
  9. The neutral third party Translator shall be appointed as an expert, in an advisory capacity only and not as an arbiter. The decision of the neutral third party Translator shall not be final and binding;
  10. If the neutral third party Translator shall consider any alleged errors in the Completed Work to be valid, then the Company shall endeavour to rectify Completed Work in a professional, fair and timely manner and shall do what is deemed reasonable and practical to resolve the matter;
  11. The total cost of the neutral third party Translator shall be borne equally by the Company and the Client;
  12. The Company and the Client shall consider objectively and professionally the decisions and recommendations of the neutral third party Translator and when agreement has been reached between the Company and the Client, the Client shall allow the Company to make the requisite changes to the Completed Work;
  13. Any dispute or formal submission of a complaint concerning Completed Work from the Client, within the prescribed time period, does not relieve the Client from their payment obligation for each disputed Order and any additional late payment interest accrued;
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