Anne Maclennan TERMS OF BUSINESS
These Terms of Business are issued by Anne Maclennan and are the basis on which I execute translation and related work.
1. Role of the Chartered Institute of Linguists
The Chartered Institute of Linguists is a professional body of qualified linguists. To be
admitted to any of its grades, members have to undergo stringent admission criteria
and, once admitted, they are governed by a Code of Professional Conduct, a copy of
which is available on request. The Institute will investigate complaints about any
alleged breaches of that Code and as an Associate I am bound by it, translating only into my native language of English, with experience in the field from which the text has been taken.
However, the Institute is not involved in the contract between the Translator and
Client.
2. Applicable law
These Terms of Business shall be interpreted in accordance with French law, to which both my Client and I agree to submit in the event of any dispute.
3. Definitions
In these Terms of Business:
a) the Client is the person or corporate body that places a commission;
b) the Translator is the practitioner who accepts the commission;
c) the commission is the assignment or work placed with the Translator by the
Client and may comprise translation, abstracting, revising/editing translations or
any other similar or associated work;
d) the source language is the language in which the text to be translated or
abstracted is written;
e) the target language is the language into which the text of the commission is to
be translated or the abstract is to be written; any text to be revised or edited will
also be in the target language.
f) for the purpose of translation and related work, requirements shall include the
required layout, software, deadlines, target language, the purpose of the
translation or related work (e.g. whether for publication, information only, etc),
method of delivery, any special terminology to be used, whether
proofreading/checking will be done by the client, etc.
4. Purpose
These Terms of Business are intended:
a) as a basis for executing commissions and will be made available to my Client(s)
on request;
b) to form the basis of a good working relationship between Clients and myself as
Translator.
5. Acceptance
Having regard to my other commitments, I shall not be obliged to accept a commission
if the Client asking for a quotation fails to place the work within 14 days
5.1Technical subjects
If the field from which the text has been taken is a specific, technical field, the Client is urged to provide as much background information as possible, in the form of web sites, glossaries, previous material(where such exist) in order to assist me in providing a correct rendition of a text. In cases of doubt I will seek to clarify a specific technical term or concept directly with the client. The aim of this is to provide a proper and accurate rendition of the original; However it is understood that even an experienced technical translator may not necessarily be familiar with every detail of the subject; Where the translation is destined for publication or for legal purposes, it is recommended that the Client should arrange for an additional expert in the field to check the translation locally for current Client-specific terminology prior to publication. I also urge Clients to provide feedback with regard to specific technical terms so that these can be incorporated into my database of terms.
5.2 General Subjects
Where possible, the Client should give me sufficient background (explanation of business situation, web sites, previous correspondence) to the translation to enable me to place the text in context. This is particularly important for short translations, where the context is not immediately clear.
6. Delivery
Delivery date(s) shall be binding only when I have had full sight of the material to be
translated. They may be subject to alteration if any amendment is made to the
requirements after the commission has been placed. The Client undertakes to deliver
the commission promptly to me. I shall not be held responsible for any loss, damage or
late delivery of finished work due to the postal or telecommunication services or to
force majeure (see Clause 15). I will always try to be flexible in order to meet a particularly urgent deadline, but in general Clients should give as much notice of the need for translation as possible and relevant to the amount of work involved. I will keep the Client informed in the unlikely event that the agreed delivery date may not be met. Translations will be delivered to the Client by a method agreed at the time of the order. Clients are requested to acknowledge safe receipt, particularly of e-mailed translations. However a translation is deemed to have been received by the Client even if it is not acknowledged, unless I am advised by the Client's server that it was not possible to deliver the message with the attachment. In such cases I will telephone the Client, who should make arrangements for an alternative address or method of delivery to be provided.
7. Fees
7.1 Fees/rates shall be agreed before work is commenced and any estimate based
on the Client's description of the work shall not be binding until I have submitted
a quotation based on full sight of the commission.
7.2 Fees/rates may be varied after work has commenced if it emerges that not all
the relevant information has been provided and/or if there are any changes to
the requirements.
7.3 The basis on which fees are calculated shall be agreed before work commences,
as shall the charges to be made for any additional requirements (e.g. special
delivery, courier charges).
7.4 All work must be paid for. Since I am a qualified member of the Chartered
Institute of Linguists, I will only provide free "test" translations as a gesture of goodwill.
8. Payment and invoicing system
French, German, Spanish into English: as a rule translations are invoiced by the number of target words (English)
8.1 Payment shall be made within 30 days of date of invoice.
8.2 In the case of long commissions, I may require payment in instalments.
9. Cancellation
9.1 Cancellation fees shall apply if a commission is cancelled after work has
commenced.
9.2 In the event of cancellation of the commission by the Client after it has been
placed, the Client shall be liable for all work completed up to the cancellation
date and for all other costs and expenses which may accrue as a result of such
cancellation in addition to 25% of the agreed/estimated fee based on the rate specified in 7.3, unless otherwise agreed.
10. Intended use of translation
The intended use of the translation shall always be agreed and stated. The
Client shall not use the translation for any other purpose without my agreement.
11. Original text copyright and translation rights
11.1 If the source language text is copyright, I shall only accept the commission on
the understanding that the Client
a) has obtained the translation rights or
b) will be using the translation only for private study.
11.2 The Client shall hold the Translator harmless from any claim for infringement of
copyright and/or translation rights and also from any legal action which may
arise from the contents of the original.
12. Copyright in translation
12.1 When it is agreed that copyright is to be assigned to the Client after translation,
such copyright shall only be assigned when full payment for the commission has
been received. Until such time, the copyright shall be owned by the Translator.
12.2 Copyright may subsist in material in written or spoken form or recorded in
electronic form.
12.3 If I assign copyright and the translation is subsequently published, I expect the
Client to acknowledge my work in the same way as for others involved in the
publication, unless otherwise agreed (for example, in the case of promotional
material).
12.4 If the translation is to be incorporated in a translation memory, I shall license use
of the translation for this purpose.
12.5 If my translation is in any way amended or altered without my written permission,
I shall not be in any way liable for the amendments made or their consequences.
13. Confidentiality
13.1 The Code of Professional Conduct (Clause 4.3) of the Chartered Institute of
Linguists requires me as the Translator to treat all work entrusted to me in
complete confidentiality. In accordance with the requirements of that Code
(Clause 5.6), I will not make direct contact with my Client's clients without the
express permission of my Client.
13.2 As the Translator, I shall not make copies in addition to those required in the
normal conduct of business and copies shall be for internal use only. Only such
copies shall be retained as are required for professional indemnity insurance.
13.3 As required by the Code of Professional Conduct (Clauses 4.3 and 4.4) of the
Chartered Institute of Linguists, as the translator, I shall ensure that the need for
confidentiality is made known to any third parties (checkers, proofreaders, etc.) I shall employ. When necessary, I shall consult with colleagues about problems of terminology and other linguistic matters, but I shall ensure in all cases that there is no disclosure of confidential material.
13.4 The Client shall not disclose to third parties any information relating to me or my
business (e.g. fees, working methods, names and addresses/telephone
numbers of individuals (e.g. proofreaders) executing work for me) without
my permission.
14. Responsibility and Liability
I shall carry out the translation with reasonable skill and care and in accordance
with the Code of Professional Conduct of the Chartered Institute of Linguists. I
shall endeavour to ensure that the translation is suitable for its agreed purpose
and target readership. While translations will be checked and rechecked for accuracy, content and style before delivery and every effort will be made to impart an appropriate style, no liability can be accepted for any inadvertent inaccuracy in the translation, nor for any fine distinctions in tones or grades of vocabulary used, nor writing styles employed. It is understood that a translation is, to some degree, a creative piece of work, and one person may choose a term or style that another person may not like.
.
15. Force Majeure
15.1 In the event of my being unable to complete the work within the agreed time as
a result of Force Majeure, I shall notify the Client of the circumstances, which
shall entitle the Client and me to withdraw from the contract for the work. The
Client shall pay me for any work completed and I shall use my best endeavours to supply the work as quickly as possible thereafter or to assist the Client to place the work elsewhere, or take some other remedial action. Force majeure includes power failures, illness of translator, transportation delays, equipment failures (including internet and e-mail failures) and Acts of God such as fire, storm, tempest, flood or any other natural
disaster, industrial dispute, civil commotion, acts of war, terrorism or any other situation beyond my control. This list is not exhaustive
15.2 As a safeguard against hard disk failure or theft of computer equipment, I will
back up all work externally on a daily basis.
16. Complaints
16.1 Any complaint by the Clients about my work shall be submitted to me as soon as they become aware of such complaint. No complaint will be considered until I have had an opportunity to study the complaint. I shall not be held liable for any changes made by the end client to translations, nor for any error (such as a typing error) that may be considered extremely minor in nature. Should an error prove to be major in nature (mistranslation etc.) I reserve the right to call in an independent adjudicator to assess the extent to which such an error might have affected the end client.
16.2 Any dispute about the quality of my translations shall be submitted to the
Chartered Institute of Linguists for independent assessment.