English
Professional Translation and Localization Services since 2003
Terms and Conditions
These Terms and Conditions apply to all Services provided by Edox Translations (‘EDOX’) to the Client unless otherwise agreed between the parties in writing.
Interpretation
In these Terms and Conditions:
- 'Confidential information' covers information in any form, which is confidential to EDOX or Client and which is disclosed either by EDOX to Client or by Client to EDOX in connection with the Services.
- 'Source material' means the documents, files, materials and works provided by Client for the purposes of carrying out the Services.
- 'Services' means translation, proofreading, reviewing, website localization, consultancy services performed by EDOX for Client.
- 'Terms and Conditions' means these standard terms and conditions as set out below.
- ‘EDOX’ refers to Edox Translations Ltd., its agents and contractors.
- 'Client' means the person, firm, organization or company to whom EDOX is supplying the Services.
- 'Order' means an Order for the Services provided by Client from time to time.
- The word 'includes' shall be understood to mean 'includes without limitation' and the word 'including' shall be understood to mean 'including without limitation'.
1. General
The clause headings are for reference purposes only and shall not affect the construction or interpretation of these Terms and Conditions.
Quotations are not binding on EDOX and a Contract will only come into force on acceptance of the Order in writing by EDOX or (if earlier) upon delivery of Services to Client.
The Contract will be subject to these Terms and Conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Client shall have no effect.
Quotations are given on the basis of the information provided by the Client. EDOX may amend such quotations at any time if, in its opinion, the information provided is materially inaccurate or inadequate or if there are any changes to the original information as provided for the quotation.
Any quotations provided by EDOX state the term of validity of the quotation. Should Order be placed after the end of the valid period of the quotation, then EDOX reserves the right to amend the pricing if necessary.
EDOX may engage any person, firm or company as a sub-contractor to EDOX to perform any or all of EDOX' obligations under the Contract, and EDOX may assign any or all of its rights and obligations under the Contact.
Information provided in our website or other published material is general description only and does not form part of the Contract.
2. Quality
Client acknowledges that translations involve elements of subjectivity and judgment and, accordingly, EDOX does not guarantee that its translation will be identical to any translation of the same material that might be done by another translator.
Following completion of a project, EDOX agrees to rectify at no charge any errors or omissions which are the fault of EDOX where the errors and omissions amount to a maximum of 5% of the fee value of the project.
Complaints shall only be taken into consideration if received within ten working days of delivery of the job(s) or part of the job(s). Once the above time period has elapsed, the translation shall be considered correct.
Defects present in one part of the translation shall not be grounds, for any reason whatsoever, for questioning the entire translation. EDOX reserves the right to make modifications to the translation in such cases.
EDOX shall not be liable for any defect, error or omission in or from any material submitted to EDOX for or in connection with the Services whether such defect, error or omission relates to content, words, grammar, punctuation or any other aspect, nor for any consequential losses resulting from such defect, error or omission.
3. Delivery
The dates for delivery of the Services are approximate only and, unless otherwise expressly agreed by EDOX, time is not of the essence for delivery or performance and no delay shall entitle the Client to reject any delivery or performance or to repudiate the Contract.
EDOX 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 suppliers or subcontractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, hostilities, governmental order or intervention (whether or not having the force of law), industrial action, malfunctioning faxes, modems, e-mail or any other cause whatsoever beyond the control of EDOX or of an unexpected or exceptional nature.
For the purpose of delivery, posting or delivery to a carrier (including post, facsimile, email) shall constitute delivery to the Client and risk in the Services provided shall pass to the Client on delivery.
For websites, EDOX is only responsible for providing the Client with translations and, where requested, with the pages ready to publish. EDOX is not responsible for ensuring that the material is legal in any country where people may have access to the web pages.
4. Price and Payment
The cost of a translation shall be calculated using a count of words in the source language, unless otherwise previously established in writing.
In the event that a client cancels an order, all work already completed shall be billed at 100%, and EDOX will send to Client any work that has been completed.
Unless otherwise specified, payment shall be made within 15 days from the date of invoice. All bank charges shall be the responsibility of the Client. All payments shall be made without deduction or set-off.
If an invoice remains unpaid more than 15 days from the date of the invoice, EDOX reserves the right, without prejudice to any other rights EDOX has, to suspend all activities on ongoing projects for Client and to suspend delivery of any further work on Project(s).
In the event of failure to pay, all representation of partial or total reproduction of such translation shall be deemed illegal.
5. EDOX Responsibility and Liability
EDOX undertakes to produce the Services specified by Client and agreed by EDOX to the best of its ability and as soon as reasonably possible in the circumstances, taking into account the deadline required by Client, in accordance with the standards of the industry.
EDOX shall use all reasonable skill and care in selecting translators, reviewers, editors and other personnel used to produce the Services.
EDOX warrants that EDOX will not provide any Confidential Information provided by Client to any other party unless permission has been granted by Client or where required to do so by law, in which case EDOX will promptly notify Client in advance regarding the manner, scope and timing of such disclosure and provide details. The obligation of confidentiality shall survive the termination of this Contract howsoever caused.
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 this Contract.
EDOX shall incur no liability to Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of EDOX prior to the Contract, whether orally or in writing, and the Client shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
EDOX and/or related suppliers do not acknowledge any guarantee or condition related to services offered, including all implicit guarantees and conditions regarding salability, suitability for a particular purpose, ownership and non-violation of the rights of others.
EDOX does not warrant that the Services will meet the specific requirements of the Client and, unless otherwise agreed, EDOX does not warrant that the operation of any Service sent to Client will be uninterrupted or error free. Furthermore, EDOX does not warrant that or make any representation regarding the use of the Services in terms of their accuracy, correctness, reliability or otherwise.
EDOX shall not be liable to Client under any circumstances for any indirect or consequential loss or damage whatsoever or for any loss of profits, business, contracts, revenue, damage to Client’s reputation or goodwill, anticipated savings, loss of turnover, loss of bargain, loss of opportunity or loss of market share.
In all events, the entire liability of EDOX to Client is limited to the price payable to EDOX by Client under the Order to which any claim relates.
EDOX shall not be liable for any failure to perform its obligations hereunder if such failure arises from any act or causes beyond its control or of an unexpected or exceptional nature.
6. Client Responsibility and Liability
Client undertakes to provide EDOX with all necessary information, support, documentation and cooperation that may reasonably be required to enable EDOX to carry out its obligations to Client under this Contract and to facilitate the provision of such Services.
Client warrants that any materials submitted by Client shall not contain anything of an obscene, blasphemous or libellous nature and shall not (directly or indirectly) infringe the Intellectual Property Rights of any third parties.
Client undertakes that during the project and for a period of one year after the termination of the project neither Client nor any of its associates will solicit, employ or entice away from EDOX any person who is or has at any time been employed by EDOX directly or as an agent or contractor for the purposes of fulfilling EDOX' service obligations under the Contract.
Client agrees to indemnify EDOX, its agents and sub-contractors and keep EDOX, its agents and sub-contractors indemnified from all losses, damages, injury, costs and expenses of whatever nature suffered by EDOX, its agents and sub-contractors to the extent that the same are caused by or related to a breach of these Terms and Conditions.
Client warrants that Client will not provide any Confidential Information provided by EDOX to Client to any other party save where required to do so by law, in which case Client must promptly notify EDOX in advance regarding the manner, scope and timing of such disclosure and provide details. The obligation of confidentiality shall survive the termination of this Contract howsoever caused.
Client shall hold harmless and indemnify EDOX and any relevant sub-contractors in respect of any lawsuit or claim in respect of work undertaken by EDOX on the instructions of Client.
7. Copyright
Client confirms that Client owns or has obtained all necessary consent for the source materials insofar as copyright subsists in the materials, which are to be worked on by EDOX.
The copyright in any translation memory databases created by EDOX rests with EDOX.
All Intellectual Property Rights in the source materials and the translations shall vest in Client (or Client's licensors) but for the avoidance of doubt, Client hereby grants to EDOX (and/or EDOX' sub-contractors) a licence to store and use the source materials and the translated materials for the duration of the Contract and for the purposes of providing the Services to Client.
These Terms and Conditions apply to all Services provided by Edox Translations (‘EDOX’) to the Client unless otherwise agreed between the parties in writing.
Interpretation
In these Terms and Conditions:
- 'Confidential information' covers information in any form, which is confidential to EDOX or Client and which is disclosed either by EDOX to Client or by Client to EDOX in connection with the Services.
- 'Source material' means the documents, files, materials and works provided by Client for the purposes of carrying out the Services.
- 'Services' means translation, proofreading, reviewing, website localization, consultancy services performed by EDOX for Client.
- 'Terms and Conditions' means these standard terms and conditions as set out below.
- ‘EDOX’ refers to Edox Translations Ltd., its agents and contractors.
- 'Client' means the person, firm, organization or company to whom EDOX is supplying the Services.
- 'Order' means an Order for the Services provided by Client from time to time.
- The word 'includes' shall be understood to mean 'includes without limitation' and the word 'including' shall be understood to mean 'including without limitation'.
1. General
The clause headings are for reference purposes only and shall not affect the construction or interpretation of these Terms and Conditions.
Quotations are not binding on EDOX and a Contract will only come into force on acceptance of the Order in writing by EDOX or (if earlier) upon delivery of Services to Client.
The Contract will be subject to these Terms and Conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Client shall have no effect.
Quotations are given on the basis of the information provided by the Client. EDOX may amend such quotations at any time if, in its opinion, the information provided is materially inaccurate or inadequate or if there are any changes to the original information as provided for the quotation.
Any quotations provided by EDOX state the term of validity of the quotation. Should Order be placed after the end of the valid period of the quotation, then EDOX reserves the right to amend the pricing if necessary.
EDOX may engage any person, firm or company as a sub-contractor to EDOX to perform any or all of EDOX' obligations under the Contract, and EDOX may assign any or all of its rights and obligations under the Contact.
Information provided in our website or other published material is general description only and does not form part of the Contract.
2. Quality
Client acknowledges that translations involve elements of subjectivity and judgment and, accordingly, EDOX does not guarantee that its translation will be identical to any translation of the same material that might be done by another translator.
Following completion of a project, EDOX agrees to rectify at no charge any errors or omissions which are the fault of EDOX where the errors and omissions amount to a maximum of 5% of the fee value of the project.
Complaints shall only be taken into consideration if received within ten working days of delivery of the job(s) or part of the job(s). Once the above time period has elapsed, the translation shall be considered correct.
Defects present in one part of the translation shall not be grounds, for any reason whatsoever, for questioning the entire translation. EDOX reserves the right to make modifications to the translation in such cases.
EDOX shall not be liable for any defect, error or omission in or from any material submitted to EDOX for or in connection with the Services whether such defect, error or omission relates to content, words, grammar, punctuation or any other aspect, nor for any consequential losses resulting from such defect, error or omission.
3. Delivery
The dates for delivery of the Services are approximate only and, unless otherwise expressly agreed by EDOX, time is not of the essence for delivery or performance and no delay shall entitle the Client to reject any delivery or performance or to repudiate the Contract.
EDOX 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 suppliers or subcontractors, shortage of labour, an act of God, fire, inclement or exceptional weather conditions, hostilities, governmental order or intervention (whether or not having the force of law), industrial action, malfunctioning faxes, modems, e-mail or any other cause whatsoever beyond the control of EDOX or of an unexpected or exceptional nature.
For the purpose of delivery, posting or delivery to a carrier (including post, facsimile, email) shall constitute delivery to the Client and risk in the Services provided shall pass to the Client on delivery.
For websites, EDOX is only responsible for providing the Client with translations and, where requested, with the pages ready to publish. EDOX is not responsible for ensuring that the material is legal in any country where people may have access to the web pages.
4. Price and Payment
The cost of a translation shall be calculated using a count of words in the source language, unless otherwise previously established in writing.
In the event that a client cancels an order, all work already completed shall be billed at 100%, and EDOX will send to Client any work that has been completed.
Unless otherwise specified, payment shall be made within 15 days from the date of invoice. All bank charges shall be the responsibility of the Client. All payments shall be made without deduction or set-off.
If an invoice remains unpaid more than 15 days from the date of the invoice, EDOX reserves the right, without prejudice to any other rights EDOX has, to suspend all activities on ongoing projects for Client and to suspend delivery of any further work on Project(s).
In the event of failure to pay, all representation of partial or total reproduction of such translation shall be deemed illegal.
5. EDOX Responsibility and Liability
EDOX undertakes to produce the Services specified by Client and agreed by EDOX to the best of its ability and as soon as reasonably possible in the circumstances, taking into account the deadline required by Client, in accordance with the standards of the industry.
EDOX shall use all reasonable skill and care in selecting translators, reviewers, editors and other personnel used to produce the Services.
EDOX warrants that EDOX will not provide any Confidential Information provided by Client to any other party unless permission has been granted by Client or where required to do so by law, in which case EDOX will promptly notify Client in advance regarding the manner, scope and timing of such disclosure and provide details. The obligation of confidentiality shall survive the termination of this Contract howsoever caused.
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 this Contract.
EDOX shall incur no liability to Client for innocent or negligent misrepresentation by virtue of any statement made by or on behalf of EDOX prior to the Contract, whether orally or in writing, and the Client shall not be entitled to rescind the Contract on the grounds of any such misrepresentation.
EDOX and/or related suppliers do not acknowledge any guarantee or condition related to services offered, including all implicit guarantees and conditions regarding salability, suitability for a particular purpose, ownership and non-violation of the rights of others.
EDOX does not warrant that the Services will meet the specific requirements of the Client and, unless otherwise agreed, EDOX does not warrant that the operation of any Service sent to Client will be uninterrupted or error free. Furthermore, EDOX does not warrant that or make any representation regarding the use of the Services in terms of their accuracy, correctness, reliability or otherwise.
EDOX shall not be liable to Client under any circumstances for any indirect or consequential loss or damage whatsoever or for any loss of profits, business, contracts, revenue, damage to Client’s reputation or goodwill, anticipated savings, loss of turnover, loss of bargain, loss of opportunity or loss of market share.
In all events, the entire liability of EDOX to Client is limited to the price payable to EDOX by Client under the Order to which any claim relates.
EDOX shall not be liable for any failure to perform its obligations hereunder if such failure arises from any act or causes beyond its control or of an unexpected or exceptional nature.
6. Client Responsibility and Liability
Client undertakes to provide EDOX with all necessary information, support, documentation and cooperation that may reasonably be required to enable EDOX to carry out its obligations to Client under this Contract and to facilitate the provision of such Services.
Client warrants that any materials submitted by Client shall not contain anything of an obscene, blasphemous or libellous nature and shall not (directly or indirectly) infringe the Intellectual Property Rights of any third parties.
Client undertakes that during the project and for a period of one year after the termination of the project neither Client nor any of its associates will solicit, employ or entice away from EDOX any person who is or has at any time been employed by EDOX directly or as an agent or contractor for the purposes of fulfilling EDOX' service obligations under the Contract.
Client agrees to indemnify EDOX, its agents and sub-contractors and keep EDOX, its agents and sub-contractors indemnified from all losses, damages, injury, costs and expenses of whatever nature suffered by EDOX, its agents and sub-contractors to the extent that the same are caused by or related to a breach of these Terms and Conditions.
Client warrants that Client will not provide any Confidential Information provided by EDOX to Client to any other party save where required to do so by law, in which case Client must promptly notify EDOX in advance regarding the manner, scope and timing of such disclosure and provide details. The obligation of confidentiality shall survive the termination of this Contract howsoever caused.
Client shall hold harmless and indemnify EDOX and any relevant sub-contractors in respect of any lawsuit or claim in respect of work undertaken by EDOX on the instructions of Client.
7. Copyright
Client confirms that Client owns or has obtained all necessary consent for the source materials insofar as copyright subsists in the materials, which are to be worked on by EDOX.
The copyright in any translation memory databases created by EDOX rests with EDOX.
All Intellectual Property Rights in the source materials and the translations shall vest in Client (or Client's licensors) but for the avoidance of doubt, Client hereby grants to EDOX (and/or EDOX' sub-contractors) a licence to store and use the source materials and the translated materials for the duration of the Contract and for the purposes of providing the Services to Client.
Copyright © 2003-2010 Cornelia Serban, M.A., Edox Translations. Professional Human Translation.