Terms and Conditions
In these terms and conditions, Antonia Tofalo shall be referred to as “The Translator” and the purchaser shall be referred to as “The Client”. In submitting a text for translation, the Client agrees to accept that all goods and services are provided by the Company subject to the following Terms and Conditions:
The intended use of the translation shall always be agreed and stated. It is understood that the translated work is for the exclusive use of the Client in the ordinary course of its business and will not be published, or otherwise distributed for profit without obtaining prior agreement from the Translator. Furthermore, it is understood that the translated work will not form the substance of any legal agreement without prior review by a competent professional in the country of intended use.
Fees and Quotations
Fees shall be agreed before work is commenced and any estimate based on the Client’s description of the work shall not be binding until the Translator has submitted a quotation based on full sight of the commission.
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). Fees may be varied after work has commenced if it emerges that not all relevant information has been provided and/or if there are any changes to the requirements.
Rates vary according to the sector and the length of the text to be translated.
The Client undertakes to deliver the commission promptly to the Translator.
Delivery date(s) shall be binding only when the Translator has 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 delivery of the commission will be in the form and at the time agreed.
The Translator shall not be held responsible for any loss, damage or late delivery of finished work due to the postal or telecommunications services or to force majeure (see clause “Force Majeure”).
Terms of Payment
Payment in full to the Translator will be made in accordance with the quote, followed immediately by the sending of the invoice.
If the Translator assigns copyright and the translation is subsequently published or sold on the open market, the Translator expects the Client to acknowledge her work in the same way as for others involved in the publication, unless otherwise agreed (for example, in the case of promotional material).
If the translation is to be incorporated in a translation memory, the Translator shall licence use of the translation for this purpose.
If the translation is in any way amended or altered without the Translator’s written permission, the Translator shall not be in any way liable for the amendments made or their consequences.
Where the translation is known by the Translator to be intended for publication, it is agreed that the Translator grants to the Client a license to publish the translation on a single occasion, in consideration of the agreed fee and when this has been paid.
Responsibility and Liability
The Translator shall carry out the commission with reasonable skill and care. The Translator shall endeavour to ensure that the translation is suitable for its agreed purpose and target readership.
The Translator shall have no liability to the Client for any loss, consequential or otherwise, damage, costs, expenses or other claims for compensation arising from any original documentation or instructions supplied by the Client that are incomplete, inaccurate, incorrect, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.
The Translator shall have no liability to the Client or be deemed in breach of the agreement by reason of any delay due to any cause beyond the Translator’s reasonable control, including Force Majeure.
Disputes and Complaints
Any disagreement concerning the accuracy of translation or other services, or any other complaint by the Client about the commission, must be advised to the Translator in writing within 5 (five) working days of delivery.
Confidentiality and Safe-keeping of the Client’s Documents
The Translator shall at no time disclose to any Third Party any information contained in the Client’s original documents or translations thereof, without the express authorisation of the Client. The Translator is responsible for the safe-keeping of the Client’s documents or translations thereof, including copies, while these are in the Translator’s keeping, and shall ensure their secure disposal. If requested to do so by the Client, the Translator will insure documents in transit from the Translator, at the Client’s expense.
If work is commissioned and subsequently cancelled, the Client shall pay the Translator either a sum equal to the proportion of the complete fee which the work completed bears to the original text and a further sum charged on a time basis for preliminary research and enquiries, or shall pay the Translator some other compensatory sum to be agreed between the parties. The work completed shall be available to the Client.
The construction and validity of these terms and conditions shall be governed in all respects by Italian law.
The Translator shall not be liable for any failure in the performance of any obligations under this contract caused by factors outside its control.