1.1 In these conditions the following terms have the following definition: - ‘Customer’ - the person or public body or registered company named in the order for services accepted by the Company. ‘Private Customer’ – member of public with no affiliation with public bodies or organisations of any sort. ‘Company’ - National Translators Interpreters Service (NTIS UK) trading name of UK Legal Services Translation Ltd)’ ‘Conditions’ - means the Terms and Conditions set out in this document together with any special Terms and Conditions agreed in writing between the Customer and the Company. ‘Contract’ - means the quote provided by the Company to the Customer together with the Conditions. ‘Services’ – means the services of interpreting, translation or any other task set out in the quote. ‘Staff’ – Company employees, freelance subcontracted professionals. ‘Request’ – Services requested by the Customer.
1.2 The Customer’s standard terms and conditions (if any) do not form part of the Contract.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 The Company shall provide the Services as agreed between the parties and the Customer shall pay for the same in accordance the Conditions.
2.2 These Conditions shall be binding and no variation is allowed unless agreed between the parties in writing upon reasonable notice.
2.3 Representations made by the Company’s employees and agents in relation to the Services are not binding unless authorised by the Company in writing. The Customer confirms that it does not rely on any such representations and waives any right to claim for any breach of any such representations now or in the future.
2.4 The Customer will cooperate with the Company as necessary for the services to be fulfilled fully as agreed.
2.5 In the event that the Company or its staff cannot gain access to a venue or a specific area of the venue or contact a representative on behalf of the Customer then the Customer acknowledges that the Company is not obliged to provide services for that particular request.
2.6 The Company may alter the quote from time to time dependent on the services utilised by Customer. Especially in the circumstances where the service provided has been undertaken longer than initially requested by the Customer.
3. Assignments and Sub-Contracting The Company reserves it’s right to sub-contract the whole or any part of the work given to the Company by the Customer.
4. Price of Service
4.1 The Customer will pay the price to the Company (being the price as specified in the Order for Services as agreed between the parties) in consideration of the Company performing the Services as agreed.
18.104.22.168 The Company normally quotes translation fees per 1000 words of source text. If the calculation of the source word-count is not possible, the Company will quote fees per 1000 words of the target text.
22.214.171.124 Translations provided by the Company are subject to a minimum charge if the text contains 500 words or less.
4.1.1. 3 If the Customer requires the translation urgently, the company reserves the right to apply a surcharge of between 10% and 25%.
126.96.36.199 If the translation is of a complex or technical nature, the Company reserves the right to apply a surcharge of between 10% and 25%. This can be negated if the Company agrees prior with Customer.
188.8.131.52 If the Customer requires a Statement of Truth, the company reserves the right to apply an additional charge of £25.00 (plus VAT) at their discretion.
184.108.40.206 If the Customer requires a document to be sworn before a solicitor or a Notary, the Company will provide a quotation for the fees for such services upon request unless a fee rate has been agreed prior. Otherwise an affidavit will be at a fixed fee of £90.00 (plus VAT) per affidavit.
220.127.116.11 The company provides the services of an interpreter as a minimum of 2 hours upto a full day (plus travelling time at the rate of £16.00 per hour and travel expenses).
18.104.22.168 If an interpreting assignment exceeds the time for which an interpreter has been booked, the Company will charge the Customer an additional fee of £32.00 for each additional hour.
22.214.171.124 Interpreting services provided on Saturday will incur a surcharge of 25%. Interpreting services provided on Sunday or a Public Holiday will incur a surcharge of 50%.
126.96.36.199 The Company will charge the Customer for travel expenses incurred on public transport as per receipts. In case an interpreter travels by his/his own vehicle, travel expenses will be charged at the mileage rate of 45p per mile door-to-door.
4.2 The Company reserves the right by giving notice to the Customer at any time before commencement of the Services to increase the price to reflect any increase in the cost to the Company which is due to a factor beyond its control (such as, without limitation, any significant increase in the costs of interpreters or translators, any foreign exchange fluctuation, currency regulation or alteration of duties) or any delay caused by any instructions of the Customer or failure of the Customer to give the Company adequate information or instructions.
5. Payment Terms
5.1 The Customer shall pay the Company’s invoice within 21 days of the date of issue of the invoice for all services provided. However, flexibility can be accommodated with prior written agreement.
5.2 If payment is not made within 21 days of the date of issue of the invoice, the Company will be entitled to charge the Customer interest and compensation under the Late Payment of Commercial Debt (Interest) Act 1998 at the rate of 13% per annum from time to time until payment is made in full. Non-payment of funds in relation to any service will result in any agreed service being postponed until such time as payment is received.
5.3 In addition the Company will be entitled to seek costs of recovery from the Customer of any outstanding amount including Legal Costs and disbursements and charge any Bank Charges incurred upon re-presenting cheques or requesting special clearance thereof.
5.4 Private Customers will be required to make payment in full to Company for the services requested in full prior to the services being provided.
6. Force Majeure
6.1 The Company shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Services if the delay or failure is due to any cause beyond the Company’s reasonable control (such as, without limitation, the Customer’s failure to provide facilities, access or information; fire or storm; unavailability of labour; acts of God, riot or civil commotion or war; strikes or labour disputes or industrial action; the presence of unusually high levels of ionising radiation or radioactive substances ‘Force Majeure’).
6.2 If the Company is prevented from performing its obligations under the Contract as a result of Force Majeure for more than 90 days either party may terminate the Contract by written notice to the other. In that event, neither party will have any liability to the other except that rights and liabilities which accrue prior to such termination will continue to subsist.
7.1 All Intellectual Property rights in any material belong to the Company and the Customer will at no point dispute ownership.
7.2 Both parties will use all reasonable endeavours to keep confidential (equally ensuring that their employees and/or agents keep confidential) all information received by them relating to any part of the business and affairs of the other party provided that such information is not already in the public domain or becomes publicly known through no wrongful act of the party concerned or is required to be disclosed by law or by statutory requirements or is to be disclosed to any advisor of either party bound by a professional duty of confidentiality.
8.1 The Company warrants to the Customer that where regulation dictates it will utilise the services of an interpreter and translator as per Customers request. The Company warrants to the Customer that it shall use all reasonable endeavours to ensure the services are provided with reasonable skill, care and diligence whilst undertaking the Service of a level expected of a suitably qualified and experienced interpreter/translator. The Customer warrants that all information provided by it is true, accurate and not misleading.
8.2 The Company intend to use whichever suitable interpreter/translator as it sees fit. However, the customer may request a preference of interpreters/translators but it will be down to the Company to make the final decision.
9. Limitation of Liability
9.1 Except as is expressly provided in this Contract and so far as is permitted by statute or warranties, conditions, guarantees or representations, express or implied, statutory or otherwise are hereby excluded and the Company shall not be liable for any loss, damage, expense or injury of any kind whatsoever, consequential or otherwise, arising out of due to or caused by any defects or deficiencies of any sort in the Services whether such defects or deficiencies are caused by the negligence of the Company or its employees or other agents or otherwise.
9.2 No liability is accepted by the Company for loss or damage howsoever caused to any goods or loss of earnings.
9.3 The Company is not liable to the Customer for any indirect or consequential loss or damage or loss of profits, business, revenue, data, goodwill or anticipated savings howsoever and whenever arising. The Customer acknowledges and agrees that the Limitation of Liability contained in this clause is fair and reasonable, reflected in the level of charges.
10.1.1 The Customer may cancel a translation assignment before the translator starts the job at no charge.
10.1.2 If the Customer cancels the translation after it has been commenced, the charges will apply as per 2.1.2 or the actual words translated at the agreed rate (whichever is more).
10.2.1 The Customer may cancel an interpreting request/service with less than one full clear working day’s notice, but the Company reserve the right to charge the Customer for minimum 2 hours booking at £32.00 per hour (plus VAT).
10.2.2 If he Customer cancels whilst Company employee(s) or staff already set off to provide a service, then the Customer will be liable to pay for minimum 2 hours booking per hour (plus VAT) and the travelling time plus any expenses incurred.
10.2.2 The Customer should cancel with more than 1 full working day’s notice to not incur any charges cancellation charges.
11. Non-Solicitation of Staff
11.1 The Customer shall not entice or seek to entice away from the Company to work for its business whether as principal, agent, partner, director, employee, secondee or consultant, any person who is or was employed or engaged by the Company in providing the Services.
12.1 The Company’s name shall not be used in connection with the Contract for publicity, promotion or advertising without the prior written consent of the Company.
13.1 Any notice permitted or required to be given by other party under the terms of this Contract must be writing and either delivered personally or sent by first class recorded delivery to the other party’s address.
13.2 No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision under the Contract
13.3 Any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder or the provision in question shall not be affected thereby.
13.4 The parties acknowledge that, except as specifically provided in this Contract, it is not their intention that any third party shall be entitled to enforce any term of this Contract which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.5 This Contract will be governed by and construed in accordance with English law and each party submits to the exclusive jurisdiction of the English Court. National Translators Interpreters Service (NTIS UK) is the trading name of UK Legal Services Translation Ltd (UKLST Ltd).