Legal

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Taste Translation is operated by Arline Lyons Translation (CHE-115.691.614), address Max-Högger-Strasse 6, 8048 Zürich, reachable at the email address arline@taste-translation.com.

 

Terms and Conditions

1. TERMS

I, me, my refers to Arline Lyons Translation (CHE-115.691.614), address Max-Högger-Strasse 6, 8048 Zürich, reachable at the email address arline@taste-translation.com.

You, your refers to the person or organisation requesting an estimate or quotation or placing an Order.

Terms and Conditions are the standard terms and conditions set out below.

Order means an order provided by you to me from time to time for Services.

Source Material means documents, files, materials and other content provided by you to me in order to carry out Translation, Review, Editing, Quality Assessment or similar work.

Reference Material means documents, files, materials and other content provided by you to me in order to carry out any Service.

Services means Translation, Review, Editing, Quality Assessment, Interpreting, Representation, Booth Support, Follow-up, or any other work performed by me for you.

Translation means documents, files, materials and other content translated or otherwise derived by me from the Source Material provided by you in accordance with your instructions.

Review means me checking and correcting translation performed by a third party for you.

Editing means me checking and rewriting translation or original content created by a third party for you.

Quality Assessment means me checking and producing an assessment of translation performed by a third party for you.

Interpreting means me performing in-person consecutive interpreting for you in accordance with your instructions.

Representation means me acting as your representative at a European event.

Booth support means me supporting you or your team at a European event.

Follow-up means me assisting you with managing contacts made at an event, including Interpreting, Translation and other work as required.

Confidential Information means information (in any form) confidential to either party and disclosed to the other in order to perform the Services.

Intellectual Property Rights means any rights in or to industrial or intellectual property, capable of being registered or not, including rights to apply for any such rights.

Language services are provided from Japanese to English only. English to Japanese or English/Japanese to and from French are offered for client communication or at conversational level only.

Headings in these Terms and Conditions are for convenience only.

Technical terms not otherwise defined will be understood as commonly used in the language services industry.

Where any specific instructions are accepted as part of the Order, they take precedence over these standard terms and conditions.

2. GENERAL

2.1 All Orders and Services are subject to these Terms and Conditions unless otherwise agreed in writing.

2.2 You are under no obligation to accept any quotation or estimate, and my issuing a quotation or estimate does not create an agreement with you.

2.3 Quotations or estimates are not binding. A quotation or estimate will only become Order when I send written confirmation that I accept your terms or instructions, or when the Services are delivered, whichever is earlier.

2.2 Any additional terms or instructions cited in quotations or estimates are valid for 14 days. Any start dates, delivery dates or other timings given in quotations or estimates are valid for 24 hours.

2.4 Quotations and estimates are based on your description of the Source Material or other content and the purpose of the Translation, Review, Editing, Quality Assessment and similar work, or your description of the event for Interpreting, Representation, Booth Support and similar work, and any other instructions you provide. Quotations or estimates will be amended without any penalty to me if your descriptions are inadequate, incomplete or inaccurate.

2.5 Any Services beyond those specified in a particular Order must be agreed in writing, either by updating the original Order or creating a new Order.

2.6 Although I will endeavour to accommodate any changes or additions to an Order, this will depend on other commitments and the nature of the changes. I am under no obligation to take on additional work related to a completed Order or an Order in progress.

2.7 Services involving Translation are defined by character count (known or estimated), subject area, degree of specialisation, purpose of the translation, audience, specific document or document type and instructions. Any change to these renders quotations and estimates null and void, and automatically allows Orders in progress to be updated to account for the changes.

2.8 Services involving Review, Editing or Quality Assessment are defined by estimated hours, character or word count of content, linguistic quality of content, subject area, degree of specialisation, and instructions.  Any change to these renders quotations and estimates null and void, and automatically allows Orders in progress to be updated to account for the changes.

2.9 Services involving Interpreting are defined by location, length of time, type of speech (e.g. presentation, negotiation), subject area, type of event, complexity and instructions.  Any change to these renders quotations and estimates null and void, and automatically allows Orders in progress to be updated to account for the changes. All travel, accommodation and subsistence expenses incurred during Interpreting are borne by you.

2.10 Services involving Representation or Booth Support are defined by location, length of time, type of event, subject area, complexity and instructions. Any change to these renders quotations and estimates null and void, and automatically allows Orders in progress to be updated to account for the changes. All travel, accommodation and subsistence expenses incurred during Representation and Booth Support are borne by you.

2.11 Services involving Follow-up are defined by length of time, subject area, complexity, response time and instructions. Any change to these renders quotations and estimates null and void, and automatically allows Orders in progress to be updated to account for the changes.

2.12 Payment in advance, including deposits by new clients, travel and accommodation expenses or staged payments as detailed in clause 3, does not turn a quotation or estimate into an Order.

3. PRICING AND PAYMENT

3.1 Unless otherwise agreed, prices are in Swiss francs (CHF) and quoted without VAT.

3.2 Quotations or estimates in a currency other than Swiss francs are based on the rate of exchange at the time the quotation or estimate is created. Unless otherwise agreed, prices may be revised (up or down) if the rate of exchange is different at the time of invoicing.

3.3 New clients may be required to pay a deposit before work starts.

3.4 Large or long-term projects are invoiced in agreed amounts at agreed points during performance of the work.

3.5 Ongoing retainer work is invoiced monthly.

3.6 Accommodation and travel costs are paid in advance of the event.

3.7 Unless due before work starts or during the project at agreed points as outlined above, or agreed separately in the terms of the Order, all payments are due within one (1) calendar month from date of invoice.

3.8 Payments must be made by bank transfer or credit card, or TWINT for Swiss clients. You are responsible for any fees or charges for sending the payment. I am responsible for any fees or charges for receiving the payment.

3.9 Failure to pay an invoice or make any advance or partial payment as described above, or as described in the Order, entitles me to suspend further work on the relevant Order and any other Order from you.

3.10 Late payments are subject to penalty fees (CHF 50 for the first month, CHF 100 thereafter) and interest (5% per annum, see Art. 104 of The Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations).

4. DELIVERY

4.1 Delivery dates for Translation, Review, Editing, Quality Assessment and other similar Services are best estimates. Delivery dates will be changed immediately and without any penalty to me if the description of the Source Material is inadequate, incomplete or inaccurate, or in case of any changes to the content of the Order.

4.2 Delivery of Translation, Review, Editing and Quality Assessment is by email unless otherwise agreed.

4.3 Delivery of certified translations (e.g. personal documents for visa purposes) consists of a scanned copy by email and the stamped original by registered post.

4.4 Delivery of ad-hoc services such as Follow-up will be by email, phone or other medium as required, within a reasonable or mutually agreed time frame.

4.5 Delivery of in-person Services (Interpreting, Representation, Booth Support, etc.) are tied to event dates. Although I will endeavour to accommodate any change in date or location, this will depend on other commitments and the nature of the changes. I do not have any obligation to provide in-person Services at an event that is rescheduled.

4.6 I am not liable for any delay in delivery or failure to deliver when caused by an Act of God, epidemic, pandemic, natural or man-made disaster, extreme weather conditions, industrial action, civil war or other hostilities, governmental order or intervention (whether or not having the force of law) or any other cause whatever beyond my control, or of an unexpected or exceptional nature.

5. MY RESPONSIBILITY AND LIABILITY

5.1 Services will be carried out with reasonable skill and care in accordance with industry standards. Where any instructions cannot be followed this will be raised and a mutually agreeable solution found as soon possible.

5.2 No terms, conditions or warranties, whether express or implied, about the quality or fitness for purpose of the Services shall be incorporated unless expressly set out in these Terms and Conditions or in the Order.

5.3 I bear no liability to you for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of myself prior to the finalisation of the Order, whether orally or in writing, and you are not entitled to cancel any order on the grounds of any such misrepresentation.

5.4 I will use reasonable endeavours to provide the Services to meet your specific requirements, provided they are communicated in writing and agreed prior to acceptance of the Order or start of work, whichever comes first. No requirements communicated after this time will be entertained unless incorporated in the Order as a change.

5.5 Except in the event of death or personal injury resulting from my negligence and subject to clause 5.6, my liability to you in respect of the provision of Services is limited as follows.

5.5.1 I am not liable for any loss of profit, business, contracts, revenue, damage to your reputation or goodwill, anticipated savings, or any other indirect or consequential loss or damage whatsoever.

5.5.2 My entire liability to you under any Order does not exceed the price payable to me by you under the specific Order to which any complaint relates.

5.6 You must notify me within 30 days of delivery of any complaint arising from the provision of Services, together with full details thereof. I am not liable to you if you fail to notify me of any complaint after 30 days or if the complaint is not substantiated.

6. YOUR RESPONSIBILITY AND LIABILITY

6.1 You warrant, represent and undertake that materials you submit for any Service do not contain anything of an obscene, blasphemous or libellous nature and do not (directly or indirectly) infringe the Intellectual Property Rights of any third party.

6.2 Where Source Material or translations created by others are to be used for Translation, Review, Editing or any other work, and they are found to be of poor quality, you must either revise the Order to account for the extra time and effort required, or redefine the scope of the Order with associated changes of cost.

6.3 You agree, upon demand, to indemnify me (including agents and sub-contractors), and keep us indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by me where they are caused by or related to:

6.3.1 use or possession by me of any information provided by you in order to provide the Services, including breach of Intellectual Property Rights of any third party in or to the Source Material,

6.3.2 processing by us of any data (where ‘processing’ and ‘data’ have the meaning given in section 1(1) of the UK Data Protection Act 1998) in the provision of the Services as anticipated by clause 9 below,

6.3.3 any breach of warranty given by you in this clause 6, or

6.3.4 any other breach by you of these Terms and Conditions.

7. INTELLECTUAL PROPERTY

7.1 All Intellectual Property Rights (including but not limited to copyright) in the Source Material or Reference Material rest with you. For the avoidance of doubt, you grant me a licence to store and use the Source Material and Reference Material in order to provide the Services to you.

7.2 All Intellectual Property Rights (including but not limited to copyright) in the Translation pass to you upon payment of the full price of the Order, including any changes and additions. If the full price is not paid for any reason, all Intellectual Property Rights (including but not limited to copyright) in the Translation remain mine and the Translation may not be used in any form or for any purpose.

8. CONFIDENTIALITY

8.1 Neither party may use the other party’s Confidential Information except as required to provide the Services or in the cases described in clause 8.3.

8.2 Neither party may disclose the other party’s Confidential Information to any other person or organisation except in the cases described in clause 8.3.

8.3 Either party may disclose the other’s Confidential Information:

8.3.1 when required to do so by law or any regulatory authority, provided that the party required to disclose the Confidential Information, where practicable and legitimate to do so,

8.3.1.1 they promptly notify the other party of any such requirement,

8.3.1.2 and co-operate with the other party with regard to the manner, scope or timing of such disclosure or any action that the other party takes to challenge the validity of the requirement.

8.4 The obligation of confidentiality contained within this clause 8 shall survive termination of the Order howsoever caused.

9. DATA PROTECTION

9.1 Both parties, and their subcontractors or partners, will ensure compliance with the relevant provisions of the EU General Data Protection Regulation (GDPR).

9.2 Any data I am required to process in the course of providing the Services is deemed to be processed on your instructions.

10. ACCEPTANCE, CANCELLATION AND TERMINATION

10.1 In principle and unless otherwise agreed in writing, an Order cannot be cancelled after I conrim it. I will endeavour to accommodate any changes that are communicated to me in good time (e.g. 14 days before Services are due to be delivered) but I am under no obligation to do so.

10.2 In principle and unless otherwise agreed in writing, if you cancel, reduce in scope or frustrate an Order after it has been agreed (by an act or omission on your part or by any third party you rely upon), the full price of the Order remains payable.

10.3 Where you can no longer attend or take part in an event where we have agreed an Order for in-person Services such as Interpreting, Representation or Booth Support, you have the option of transferring the Services to another attendee or to the event organiser, by mutual agreement.

10.4 Where an event where we have agreed an Order for in-person Services such as Interpreting, Representation or Booth Support is cancelled, the full price of the Order remains payable.

10.5 I am entitled to terminate the current and any outstanding agreed Orders immediately by written notice to you if:

10.5.1 you commit a material breach of the Terms and Conditions and, where the breach can be remedied, you fail to remedy it within 7 days of receipt of written notice,  and

10.5.2 you make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administrative order or goes into liquidation, or an encumbrancer takes possession or a receiver is appointed over any of your property or assets, or you cease or threaten to cease business, or an equivalent or analogous event occurs in any other jurisdiction.

10.6 In the event of cancellation or non-payment, all Intellectual Property Rights (including but not limited to copyright) to Translation or other work remain with me.

11. DISPUTE RESOLUTION

11.1 Any disputes will in principle be resolved through mutual discussion. Both parties agree to first seek a mutually agreeable solution.

11.2 If any dispute cannot be resolved through mutual discussion, it will be referred to an expert agreed by both parties or, if no agreement is reached within 7 days of last communication from either party, to an expert chosen by the Chairman of the Institute of Translation and Interpreting of the UK. Both parties agree to bear the cost of arbitration by the expert equally, and abide by their decision. If the expert finds one party fully at fault, that party will bear the full cost of arbitration.

12. MISCELLANEOUS

12.1 I may, with your agreement, engage a person or company as my sub-contractor to assist me or perform any or all of my obligations.

12.2 Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid priority post or email. Any notice or document shall be deemed served at the time of delivery if delivered directly, 48 hours after posting if sent by post, or at the time of transmission for email.

12.4 If you breach these Terms and Conditions and I decide to waive my rights under these Terms and Conditions with respect to the breach, this will not be considered as a waiver of any subsequent breach of the same or any other provision.

12.5 If any provision of these Terms and Conditions is or becomes invalid or unenforceable it will be severed from the rest of the 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.

12.6 No person who is not party to this agreement has the right to enforce any term of this agreement.

These Terms and Conditions are governed by Swiss law.

Contact Taste Translation

Zürich, Switzerland (CET/CEST)

+41 793 701 408 / +41 44 5866 609

arline@taste-translation.com