Terms of service
"The translator" means Amandine Lepers-Thornton, trading as Amend in Style Translations.
"The client" means the party commissioning translation or French language services.
"French language services" means specialist language work requiring professional use of French and includes translation, interpreting, proofreading, cultural adaptation/"transcreation" and tuition.
"Source material" means any text or medium containing a communication which has to be translated, and may comprise text, sound or images.
“Normal working hours” means any working day (Monday-Friday) between the hours of 09:00-18:00 that is not a statutory public holiday or local holiday in the UK/Oxford.
2. QUOTATIONS AND ESTIMATES
Fees to be charged are determined by the translator on the basis of the source material, the purpose of the translation and instructions from the client. Verbal estimates given for guidance are non-binding.
If a translation presents latent difficulties which could not be anticipated at the time of offer and acceptance or if the source material or client's requirements change, the translator reserves the right to adjust the fee and completion date accordingly.
3. FEES, ADDITIONAL CHARGES AND REDUCTIONS
Fees will be agreed in advance.
All work is subject to a minimum charge of £50.00 GBP.
No VAT will be charged in addition to the fees.
Additional costs may be charged to the client, for example those arising from
• forms of layout or presentation requiring additional time or resources, and/or
• terminological research, and/or
• certification, and/or
• priority work or work outside normal working hours
Fee reductions may be offered in some circumstances including high volume of work, highly repetitive or partially translated source material.
4. COMPLETION AND DELIVERY
Delivery date(s) agreed between the translator and the client become binding when the translator has received all the material to be translated and complete instructions from the client.
Delivery of a translation is deemed to have taken place on emailing or posting and the risk subsequently passes to the client.
Whilst the translator will endeavour to meet deadlines, dates for delivery or for carrying out the work are approximate and, unless otherwise expressly agreed in writing, no delay entitles the client to reject a delivery or provision of services.
Payment in full to the translator must be made by the due date on the invoice.
New clients are required to pay a deposit of 50% of the quotation value before commencement of the work.
Periodic payments may be requested. Where delivery is in instalments and notice has been given that an interim payment is overdue, the translator may stop work until the outstanding payment is made.
The translator reserves the right to charge interest on any invoices remaining unpaid after 30 days.
The client undertakes to keep the translator harmless from any claim for infringement intellectual property rights. The client also undertakes to keep the translator harmless from any legal action which may arise as a result of the content of the original source material or its translation.
In the absence of a written agreement to the contrary, copyright in the translation remains the property of the translator.
With the client’s consent, the translator may use any non-confidential translation not covered by copyright, the Official Secrets Act, legal professional privilege or public interest immunity.
Where the translator retains the copyright, the client must ensure that any published text of the translation carries the following statement
© Translated from English by Amandine Lepers-Thornton, (year) or
© Traduit de l'anglais par Amandine Lepers-Thornton, (year)
Where the translator assigns the copyright and the translation is subsequently printed for distribution, the client shall acknowledge the translator’s work in the same weight and style of type as used for acknowledgement of the printer and/or others involved in production of the finished document, by the statement "Version française par Amandine Lepers-Thornton", or as appropriate to the particular case.
The translator must be notified if the translation is to be incorporated into a translation memory system. The use of the translation for this purpose will be licensed for an agreed fee. Such incorporation and use takes place only after the licence has been granted by the translator in writing and the agreed fee has been paid in full.
All translations are subject to the translator's right of integrity, which may be waived by the translator.
If a translation is amended or altered without the written permission of the translator, the translator is not in any way liable for amendments made or their consequences.
When the client has specifically requested the translation to be for publication, the translator will carry out a compulsory review of the final copy before printing, failing which a 50% surcharge will apply when the translator's name appears in credits.
If the translator retains the copyright in a translation or if a translation is to be used for legal purposes, no amendment or alteration may be made to a translation without the translator’s written permission.
No document for translation is considered confidential unless expressly stated by the client.
The translator exercises due discretion in respect of disclosure of any information contained in source or translated documents without the client’s authorisation. However, a third party may be consulted over translation terminology queries.
The translator is responsible for the safekeeping of the client’s documents and copies of the translations while these are in the translator's keeping.
If the work is commissioned and subsequently cancelled, a compensatory sum to be paid will be agreed between the translator and the client. The work completed will be made available to the client.
If a client goes into liquidation or becomes insolvent, bankrupt, or enters into any arrangement with creditors, the translator has the right to terminate a contract.
Neither the translator nor the client are liable for consequences which are the result of circumstances wholly beyond their control.
The translator must notify the client as soon as is reasonably practical of any circumstances likely to prejudice their ability to comply with the terms of the client’s order, and assist the client as far as reasonably practical to identify an alternative solution.
10. RESPONSIBILITY AND LIABILITY
The translation task will be carried out by the translator using reasonable skill and care, in accordance with industry standards and the provisions of codes of professional conduct of the Institute of Translation & Interpreting and the Chartered Institute of Linguists.
Time and expense permitting, the translator will endeavour to do the work to the best of their ability, knowledge and belief, and consulting authorities that are reasonably available to them at the time.
The parties must notify any complaint in connection with a translation task to the other party (or vice-versa) within one month of the date of delivery of the translation.
Failure by the translator to meet agreed order requirements or to provide a translation which is fit for its stated purpose entitles the client to
• reduce, with the translator’s consent, the fee payable for work done by a sum equal to the reasonable cost necessary to remedy the deficiencies, and/or
• cancel any further instalments of work being undertaken by the translator
This entitlement applies only if the translator has been notified in writing of all alleged defects and after the translator has been given one opportunity to bring the work up to the required standard.
12. PREVAILING LAW
The agreement is governed by English law and any disputes which cannot be dealt with under the normal complaints will be dealt with in the English Courts
Last updated: July 2018