GENERAL TERMS OF SALE
I. Application of the Terms of Sale
All orders placed imply the Client’s full acceptance of the Terms of sale to the exclusion of any other document, without any reservation. No special terms may take precedence over these Terms of sale unless they are stated in writing on the purchase order in its final and binding form.
II. Quotes and orders
a) Each order placed by the Client shall be preceded by a free quote issued and sent by e-mail by SpanishGuru based on the documents or information provided by the Client. SpanishGuru reserves the right not to commence the work before the receipt of the signed quote as a proof of the agreement.
b) The quote SpanishGuru sends to the Client shall include: - The number of words to work on (translation, proofreading, editing, copywriting)
– The total amount due (please note that translations are charged according to the number of source words whereas proofreading, editing and copywriting are charged according to the number of target words)
– The date of delivery
– The format of the documents in case a specific layout has been requested
– Any special rates applied because of specific research, the format of the document, the readability, the complexity, the layout requirements and the time urgency (an extra 20% will be charged for work required urgently.)
c) To confirm an order, the Client must return the unaltered quote with the Client’s written approval to SpanishGuru. If SpanishGuru does not receive the order confirmation, he reserves the right not to commence work on the project concerned. If confirmation of the order is not received within 3 months of the date the quote is sent, the quote shall be considered null and void.
d) SpanishGuru reserves the right, after informing the Client, to charge an additional fee and / or not to adhere to the delivery date on the Client’s initial order in the following cases:
– Modification of documents or the addition of documents by the Client after the initial quote was prepared by SpanishGuru, in which case he reserves the right to adjust the rate based on the additional volume of work requested
– If the documents were not furnished during the quote preparation process - If the initial quote was based on the Client’s estimation of the number of words and an excerpt of the text
In the absence of the Client’s express acceptance of the new delivery and / or invoicing conditions, SpanishGuru reserves the right not to commence work.
Any delivery date agreed between SpanishGuru and the Client shall become binding only once SpanishGuru has received all the documents to be worked on and if the Client has confirmed his / her order as specified in Paragraph 2 above within 3 working days from the date of receipt of the quote. After that time, the delivery date may be revised if so required by the SpanishGuru’s workload.
Translations are delivered by electronic mail in Word format. Any other means of delivery or formats must be expressly agreed to by the parties.
Any order exceeding USD 500 excluding tax may be subject to a deposit of 50%. Work shall begin only once the payment has been cleared.
VI. SpanishGuru’ obligations
SpanishGuru undertakes to provide a translation that is as faithful as possible to the original text and that complies with professional standards. He will do what is necessary to take into account and include in the translation information provided by the Client (glossaries, drawings, diagrams, abbreviations, etc). SpanishGuru may not be held responsible for any inconsistencies or ambiguities in the source texts, the verification of the final text’s technical adequacy being the Client’s sole responsibility.
VII. The client’s obligations
The client undertakes to provide SpanishGuru with all the texts to be translated, together with all the technical information required for their understanding and, where applicable, the specific terminology required. If the Client fails to properly inform SpanishGuru, he may not be held responsible if the translation does not comply with the Client’s standards or if delivery is late. The Client should inform SpanishGuru in writing of any disagreement concerning the quality of the translation within 15 business days from the time the translated documents are received. Once this period has elapsed, the service will be considered duly completed and no further claims will be allowable. The Client agrees to consider postal, fax or electronic mail receipts as evidence of delivery.
SpanishGuru agrees to preserve the confidentiality of information he becomes aware of before, during, and after providing services. Original documents shall be returned to the Client upon simple request. SpanishGuru shall not be held liable in the event that information is intercepted or used by a third party during the transfer of data, especially on the Internet. Therefore, the Client must inform SpanishGuru before the provision of services or at the time the order is placed of the means of transmission the Client would like him to use to ensure the confidentiality of any sensitive information.
Translations are performed by SpanishGuru in the context of an obligation of means. SpanishGuru may in no case incur any liability in respect of claims related to nuances of style. In any case, SpanishGuru’ liability is limited only to the amount of the related invoice. It is agreed that delivery deadlines are only of an indicative nature and that late delivery will not give rise to penalties. SpanishGuru may in no case be held liable for any loss or damage suffered by the Client or a third party as a direct or indirect consequence of late delivery, as may occur in particular cases of force majeure or disruption of electronic mail connections or postal services.
X. Corrections and proofreading
In the event of disagreement over some aspects of the translation, SpanishGuru undertakes to make related corrections in cooperation with the Client, since it is agreed that this may under no circumstances be invoked to challenge the work as a whole, SpanishGuru undertaking to make the corrections as soon as possible.
Unless otherwise stipulated, invoices have to be paid net and without discount within 30 days of invoice receipt (you can pay using Freelance.com milestone system, by Paypal or bank transfer only). In the event of late payment, works on orders in progress may be interrupted as a matter of right until full payment is received. Late payment will incur a 3% per day penalty.
No claims will be considered after 15 days from the date of invoice. The Client must pay the services as agreed with SpanishGuru, regardless of the end client’s payment policies. Translations remain the property of SpanishGuru until payment is received in full.
Before undertaking to have a document translated the Client must have obtained an assurance that this does not infringe the rights of any third parties. Thus, the Client must be the author of the original document or have obtained prior written permission to have the document translated from any person holding copyright. If the Client fails to comply with this requirement, SpanishGuru may under no circumstances be held responsible or in any way liable if all or a portion of the documents to be translated infringe the intellectual property rights or any rights of a third party, or violate any applicable law or regulation. In such case, the Client alone will be liable for any compensation due and the financial consequences of his own negligence. The Client further acknowledges that the translation is a new document and that the related rights of authorship are held jointly by the author of the original document and SpanishGuru. Consequently, if a translation is of a literary or artistic nature, SpanishGuru has the right to require that his name be shown on any copies or publications of the translation, this being without prejudice to SpanishGuru’ economic rights.
In the event that the Client gives SpanishGuru written notice of the cancellation, for whatever reason, of an order on which work has already begun, the Client is to pay SpanishGuru the full amount for the portion completed.
XIV. Complaints and disputes
In the event of a complaint or dispute of any nature whatsoever, SpanishGuru and the Client agree to attempt to settle the complaint or dispute amicably as follows. As soon as the event from which the complaint or dispute occurs, either party may refer the matter to a third party translation agency by registered letter with return receipt. The parties agree to allow the third party translation agency to attempt to arbitrate using the means it deems appropriate. The parties agree to do everything within their power to ensure that arbitration is successful.
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