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1. Applicable law
These Terms of Business shall be interpreted in accordance with the laws
of Portugal, to which both my Client and I agree to submit in the event
of any dispute.
2. Definitions
In these Terms of Business:
a) the Client is the person or corporate body that places a
commission;
b) the Translator (I/me/my) is the practitioner who accepts
the commission;
c) the commission is the assignment or work placed with the
Translator by the Client and may comprise translation, abstracting, revising/editing
translations or any other similar or associated work;
d) the source language is the language in which the text to
be translated or abstracted is written;
e) the target language will be solely European Portuguese and
is the language into which the text of the commission is to be translated
or the abstract is to be written; any text to be revised or edited will
also be in the target language;
f) for the purpose of translation and related work, requirements
shall include the required layout, software, deadlines, target language,
the purpose of the translation or related work (e.g., whether for publication,
information only, etc), method of delivery, any special terminology to
be used, whether proof-reading/checking will be done by the Client, etc.
3. Purpose
These Terms of Business are intended:
a) as a basis for executing commissions and will be made available
to my Client(s) on request;
b) to form the basis of a good working relationship between
Clients and myself as Translator.
4. Acceptance
Having regard to my other commitments, I shall not be obliged to accept
a commission if the Client asking for a quotation fails to place the order
in writing within the timeframe stipulated by my quotation/offer.
5. Delivery date(s)
Delivery date(s) shall be binding only when I have 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 and accepted
by me. The Client undertakes to deliver the commission promptly to me.
I shall not be held responsible for any loss, damage or late delivery of
finished work due to disruption of the postal or telecommunication services
or to force majeure (see Clause 16 below).
6. Fees
6.1 Fees/rates shall be agreed before work is commenced and
any estimate based on the Client’s description of the work shall
not be binding until I have submitted a quotation based on full sight of
the commission or until I have accepted them in writing;
6.2 Fees/rates may be varied after work has commenced if it
emerges that not all the relevant information has been provided and/or
if there are any changes to the requirements;
6.3 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);
6.4 All work must be paid for. Since I am a certified member
of the American Translators Association, I reserve the right to refuse
free "test" translations.
6.5 All fees/rates are exclusive of Value Added Tax (VAT/IVA)
or sales tax. VAT at the current value will be added to my invoice, when
applicable.
7. Invoicing Procedure
Invoice in secure PDF format shall be sent by email to Client/Project Manager/Accounts
Payable together with job files or shortly thereafter.
8. Payment
8.1 Payment for services rendered under contract shall be due
30 calendar days after the invoice date (or within such other term as agreed
upon by both parties in writing before work commences);
8.2 Payment shall be net and in full — without any discount,
set-off or deferral — in the currency invoiced;
8.3 Preferable mean of payment shall be by bank transfer to
the account referred in my invoice and Payment Instructions. Corporate
or cashier/certified checks in US dollars, Euros and other major currencies
are accepted:
8.4 Electronic payments made with credit/debit cards through
PayPal or moneybookers are also accepted; certain amount restrictions apply
for this type of payment;
8.5 Interest for late payment and any necessary recovery costs
will be assessed as provided for in “Directive 2000/35/EC of the European Parliament and of the Council
of 29 June 2000 on Combating Late Payment in Commercial Transactions”;
8.6 A dishonored, returned or insufficient funds (NSF) check
fee equal to twenty (20) euros (or the equivalent amount in other currencies),
in addition to fees charged by the bank for each check, draft, order or
like instrument which is returned unpaid, will also be assessed and added
to the amount of the check;
8.7 Post-dated checks will not be accepted;
8.8 In the case of long commissions, I may require payment in
installments.
9. Cancellation
If work is commissioned and subsequently cancelled, the Client shall pay
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 some other compensatory
sum to be agreed between the parties. The work completed shall be available
to the Client.
10. Intended use of translation
The intended use of the translation shall always be agreed and stated.
The Client shall not use the translation for any other purpose without
my agreement.
Version: 1 Jun 2024 16:45 WEST
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11. Nature of translation
11.1 Client agrees that a translation is of such complexity
that it might have inherent differences, and further accepts that a perfect
translation of a word or sentence might be impossible. I shall translate
specialized terms by their usual and conventional meanings or using appropriate
dictionaries and/or glossaries in my possession or supplied by the Client,
and otherwise make decisions based on my standard translation procedures.
Technical considerations may dictate variations between original and translated
documents. I shall use my best professional judgment in the selection of
terminology in a given field.
11.2 A translation reflects the quality of the original written
material. Where concepts are poorly expressed in the original material(s),
where the wrong choice of language has been made, where typographical mistakes
are present, or where the text is incomplete or factually incorrect, the
same inadequacies will appear in the translation.
12. Original text copyright, translation rights and illegal
matters
12.1 Where copyright exists in texts to be translated, the Client
warrants that it has obtained all consents necessary for such translation
to be made;
12.2 The Client shall hold the Translator harmless from any
claim for infringement of copyright and/or translation rights and also
from any legal action which may arise from the contents of the original;
12.3 I reserve the right of refusing the translation of any
matter which, in my sole opinion, is or may be of an illegal or libelous
nature;
12.4 I shall be indemnified by the Client in respect of any
claims, proceedings, costs and expenses arising out of any libelous matter
printed for the Client, or any infringement of copyright, patent or design
or third party right.
13. Copyright in translation
13.1 When it is agreed that copyright is to be assigned to the
Client after translation, such copyright shall only be assigned when full
payment for the commission has been received. Until such time, the copyright
shall be owned by the Translator;
13.2 Copyright may subsist in material in written or spoken
form or recorded in electronic form (e.g., on floppy disc);
13.3 If I assign copyright and the translation is subsequently
published, I expect the Client to acknowledge my work in the same way as
for others involved in the publication, unless otherwise agreed (for example,
in the case of promotional material);
13.4 If the translation is to be incorporated in a translation
memory, I shall license use of the translation for this purpose;
13.5 If my translation is in any way amended or altered without
my written permission, I shall not be in any way liable for the amendments
made or their consequences.
14. Confidentiality
14.1 The Code of Professional Conduct and Business Practices
(Clause I.C) of the American Translators Association requires me, as the
Translator, to treat all work entrusted to me in complete confidentiality.
In accordance with the requirements of that Code (Clause I.F), I will not
make direct contact with my Client's clients (when such fact is known to
me) without the express permission of my Client;
14.2 As the Translator, I shall not make copies in addition
to those required in the normal conduct of business and copies shall be
for personal/internal use only. Only such copies shall be retained as are
required for professional indemnity insurance;
14.3 As required by the Code of Professional Conduct and Business
Practices (Clause I.C), as the Translator, I shall ensure that the need
for confidentiality is made known to any third parties (typists, checkers,
proofreaders, etc.) I shall employ. When necessary, I shall consult with
colleagues about problems of terminology and other linguistic matters,
but I shall ensure in all cases that there is no disclosure of confidential
material;
14.4 The Client shall not disclose to third parties any information
relating to me or my business (e.g., fees, working methods, names and addresses/telephone
numbers of individuals (e.g., typists/proofreaders executing work for me)
without my permission.
15. Responsibility and Liability
As stipulated by the Code of Professional Conduct and Business Practices
(Clause I.A) of the American Translators Association I shall endeavor to
ensure that the translation is suitable for its agreed purpose and target
readership. I shall exclusively be liable to the Client for the correction
and making good of any shortcomings of my work. I shall under no circumstances
be liable for any other forms of loss or damage, such as indirect loss,
consequential loss, trading loss, loss caused by delay in performance or
loss of profit.
16. Force Majeure
In the event of my being unable to meet my obligations due to circumstances
beyond my control and risk, I shall be entitled to dissolve the contract
without being liable to pay any compensation whatsoever. Such circumstances
(force majeure) include, but are not limited to: fire, exceptionally bad
weather conditions, accidents, illness, strikes, riots, war, terrorist
attacks, transport restrictions and delays, government measures, disruption
of the services of Internet providers, negligence on the part of suppliers
or any other circumstances beyond my control. I shall endeavor to notify
the Client of the impeding circumstances as soon as possible. The Client
shall pay me for any work completed and I shall use my best endeavors to
assist the Client in taking adequate remedial action.
17. Version discrepancies
In case of discrepancies between the version of my Business Terms published
in my website (i.e., this version) and the PDF version available for download
on the Downloads Library page of my website, the version published in my
website shall prevail.
18. Complaints
Any complaint by the Client about my work shall be submitted to me within
14 calendar days. If a dispute cannot be resolved between us, the matter
shall be resolved by the “Centro de Arbitragem de Conflitos de Consumo
da Cidade de Lisboa”, Rua dos Douradores, nº 108 - 2.º — 1100-207
Lisboa — Portugal.
Version: May 2024
(1) Potential Candidate Countries not included. Refer to my Business Terms (Rest of the World).
(2) Paises Candidatos Potenciais não incluídos. Consultar as minhas Condições Gerais de Venda (Resto do Mundo). |
