Terms & Conditions
As of 1 January, 2010
The use of these Terms and Conditions is not allowed without prior written consent of Carola Robbins.
These Terms and Conditions are subject to change without notice.
1. General
1.1 Quotes are not binding on me and a contract will only come into being when I issue a written confirmation of your order, or when I deliver the translation to you.
1.2 The contract will be subject to these Terms and Conditions. All terms and conditions appearing or referred to in your order, or otherwise stipulated by you, shall have no effect. Any variation of the contract or work order must be confirmed by me in writing.
1.3 My written quotes are given on the basis that the terms quoted will remain open for the placing of orders for 30 days from the date of the quote.
1.4 Quotes are given on the basis of your description of the source text(s), the purpose of the translation, and any other instructions. Such quotes may be amended at any time, if, in my opinion, the description of the source text(s) is materially inadequate or inaccurate.
2. Rates and Payment
2.1 Unless otherwise stated, rates are in U.S. dollars and are exclusive of any tax or duty.
2.2 Rates exclude transmission to the address specified in my quote or order confirmation. Unless otherwiese agreed, all postage fees shall be borne by you.
2.3 Payment shall be made within 30 days from the date of invoice. All payments shall be made without deductions or set-off bank charges.
2.4 I accpet payment by bank transfer, money order, or check. Private party clients using my services for the first time are required to make payment by bank transfer or money order.
2.5 In the event that payment has not been received after 60 days, an administration charge of USD 50.00 will be applied and a further USD 50.00 after 90 days.
3. Delivery
3.1 The dates for delivery of my work, or the dates for carrying out other language services, are approximate, and, unless otherwise expressly stated by me, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery or performance or repudiate the contract.
3.2 I will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform if the duration of the delay is not substantial or if the delay or failure is due to late delivery or performance or non-delivery or non-performance by my subcontractors, an Act of God, fire, exceptional weather conditions, or any other cause beyond my control.
3.3 Delivery to a carrier (including mail or e-mail) for the purpose of transmission shall constitute delivery to you. Risk in my translated work shall pass to you on delivery.
3.4 Depending on the size of your order, I may deliver by installments in such quantities as I may reasonably decide.
4. My Responsibility and Liability
4.1 My services shall be carried out using reasonable skill and care in accordance with the standards of the industry.
4.2 I shall incur no liability to you for innocent or negligent misrepresentation by virtue of any statement I made prior to the contract, whether orally or in writing, and you shall not be entitled to rescind the contract on the grounds of any such misrepresentation.
4.3 I do not warrant that my translations or other services will meet your specific requirements and, unless otherwise agreed, I do not warrant that any of my translations sent to you will be uninterrupted or error free.
4.4. You acknowledge that any translations submitted by and to you over the Internet cannot be guaranteed to be free from the risk of interception or viruses and that I have no liability for the loss, corruption or interception of any source texts or my translations. You shall be responsible for checking the files and texts which you receive.
4.4 You must notify me withthin 10 days of delivery of my translation of any claim arising out of the provision of my translation. I shall not be liable to you if you fail to notify me in due time.
4.5 You must notify me within 10 days of delivery of my translation of any alleged inaccuracies in my work, at which point my liability will be no more than to rectify any such alleged inaccuracies that I feel to be justified. At no time will such allegations delay payment.
4.6 I shall not be liable for loss of profits, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, and or any other indirect or consequential loss or damage whatsover.
4.7 My entire liability to you under any contract including but not limited to in respect of my services and translations shall not exceed the price payable to me by you under the contract to which any claim relates.
4.8 You agree to keep me harmless from all legal action and all liability arising whatsoever from the claims of third parties.
5. Confidentiality
5.1 Subject to clause 5.2, and on my part save as necessary in order for me to provide my services, neither you or me may use any of the other party’s confidential information or disclose to any other person any of the other party’s confidential information.
5.2 Either party may disclose the confidential information of the other to its personnel, sub-contractor or any person whose duties reasonably require such disclosure.
5.3 The obligation of confidentiality contained within this clause 5 shall survive termination of the contract howsoever caused.
6. Termination
6.1 If you subsequently cancel, reduce in scope or frustrate (by an act or omission on your part, or any third party relied upon by you) the contract, the full price for the contract shall remain payable unless otherwise agreed in advance.
6.2 Any source texts provided to me and any completed translations under the contract shall be made available to you on termination of the contract.
7. Severability
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it will be severed from the rest of these Terms and Conditions so that it is ineffective to the extent that it is invalid or unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable, or be otherwise effected.
8. Governing Law
The contract shall be governed by and construed in all respects according to South Carolina law and the parties hereby submit to the non-exlusive jurisdiction of the South Carolina courts.
