By agreeing to the quote/invoice we sent you, the client (you and your parent company) agrees to the Terms and Conditions of THE LANGUAGE ROOM Limited whose registered office is at 15 Edinburgh Road, Linlithgow, Edinburgh EH49 6QT, UK.

 

This Agreement, including these Terms and Conditions, constitutes a legally binding agreement between you, the client, and The Language Room regarding access to and use of the Language Room websites and any other services provided by The Language Room.

This agreement, together with any order that has been accepted by The Language Room, constitute the whole agreement between the parties, except where the parties have specifically agreed in writing otherwise.

 

Definitions

“Services” shall mean the translation, interpretation or transcription services provided by The Language Room.

“Agreement” shall mean these standard Terms and Conditions.

“Client” shall mean the company, firm, body or person to whom The Language Room is providing the Services.

“We/Our/Us” shall mean The Language Room Ltd (SC 303047) a company incorporated and registered in Scotland whose registered office is at 15 Edinburgh Road, Linlithgow, Edinburgh EH49 6QT, UK.

“Client Material(s)” shall mean any document or other materials, whether in the form of hard copies, electronic or other files that the Client transmits or otherwise provides to The Language Room, using the Website or other means of communication, that are intended to be the subject of Services above.

“Translation(s)” shall mean the Client Material(s) as translated by The Language Room into the language(s) specified by the Client.

“Order” shall mean each order or formal request by the Client for the provision of Services.

1. General

Any terms or conditions sought to be imposed by either party shall not be incorporated into the Agreement and shall have no effect unless agreed to in writing by the other party.

Herein, invoice refers to either the quotation or invoice sent through to the client.

2. Deadline

Times for expected receipt of the translation(s) are displayed at the time of the order. The Language Room will endeavour to meet these deadlines but does not accept liability for any delay in delivery. The Language Room reserves the right to be able to amend the delivery date and will make all reasonable efforts to contact the client if there is any change in the specified delivery date.

3. Quick Turnaround

In the case of a deadline which requires a quick turnaround, a standard charge of 25% will be shown on the invoice in order to supply the service in good time.

4. Proofreading

The Language Room always advises the client to use translation followed by a proofreading. Proofreading involves a second, qualified translator reviewing the translated text relative to the original document. Proofreading guarantees consistency of terms, correct grammar and spelling.

If the client chooses translation without proofreading, The Language Room cannot guarantee the documents will be consistent throughout, the correct terminology is used, the grammar is correct and that your document reads fluently.

5. Disclaimer

5.1. Please note that the document provided is only an interpretation of the original document and that the translated document does not hold any legal status whatsoever. 

5.2. The Language Room does not accept any liability for errors or omissions in this translation or for any physical or unforeseeable economic damages that may have resulted from a misinterpretation of documents in connection with or for the purpose of operating critical infrastructure such as electrical power stations, military or defence equipment, medical appliances or other equipment included but not limited to critical infrastructure in terms of the European Directive 2008/114/EC.

6. Formatting 

The Language Room will endeavour to return the documents in a format as close to the original document’s format as possible. However, due to language differences such as different length of sentences, font characters and language direction, not all formatting can be maintained. Where typesetting or design work is required, this must always be carried out post-translation and requires proofreading to check that no modifications have altered the text.

7. Payment

7.1. Unless the Agreement provides otherwise, the price for the services shall be payable no later than 14 days from the date of the invoice. The time stipulated for payment shall be of the essence of the Agreement. Failure to pay within the period specified shall entitle us to write to you upon the expiration of seven days’ notice, to charge you for costs and expenses incurred in recovering late payments, and to charge interest at the rate mentioned in Section Prices 9.8 and pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date.

7.2. If the client fails to pay The Language Room any sum when due pursuant to this Agreement, The Language Room reserves the right to cancel any discount previously agreed with or offered to the client.

7.3. Payment must be in the currency stated in the invoice.

8. Risk

As soon as we have delivered the services, you will be responsible for them and we will not be liable for their loss or destruction. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agreed to deliver them.

9. Prices

9.1. The price for the supply of services is set out in the quote. We shall invoice you on delivery or at the onset of the work (see 9.4 and 9.5). Invoiced amounts shall be due and payable once the goods have been delivered.

9.2. All prices will be subject to VAT in accordance with the rate at the time of invoicing.

9.3. Price is calculated on the total word count supplied at the time of quotation. All additional words send through after an assignment has been started will incur an additional handling charge and be subject to a minimum charge of 40 GBP (+VAT) per language.

9.4. Review and alterations of any project will only be carried out once by The Language Room. If a client requests additional review of the work, an additional handling charge will be added to the invoice.

9.5. For work with a greater value than 1000 GBP, The Language Room requests that 50% of the fee is paid before starting the assignment.

9.6. For new clients, The Language Room requests the payment to be made prior to the onset of the translation work.

9.7. The Language Room does not accept any credit card payments. Payments can be made via BACS transfer or Square. Charges incurred by using Square are the client’s responsibility.

9.8. After a reminder has been sent out, The Language Room reserves the right to add 50 GBP + VAT to an invoice for all administration costs involved in chasing up payment. Additionally, we shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 5% per month calculated pro rata on a daily basis.

9.9. The Language Room endeavours to provide as accurate a word count as possible. The number of words includes the entire text: numbers, dates, table contents, headers and footers. When word count is estimated, The Language Room reserves the right to change by 10% the final word count without informing the client. Changes above 10% will be identified to the client as soon as these become apparent to The Language Room.

9.10. Repetition of text does not alter the number of words counted due to likely differences in context, the need to typeset repeated text and the difficulty involved in identifying every repetition in a file.

9.11. The context of a text is critical to the quality of the final translation. Initial review of the text by The Language Room will endeavour to identify text with ambiguous context. Where the Language Room requests further clarification but does not receive this, The Language Room will not be held responsible for incorrect translation.

10. Performance

10.1. The Language Room can only translate material that is legible and accessible. Documents that are illegible, password protected or not accessible for whatever reason to The Language Room will be returned to client. The Language Room will not be held responsible for any resulting delay in delivery.

10.2 If in our opinion it is not reasonably practicable for any reason to carry out any of the work we are instructed to carry out, we shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. We will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.

10.3 If the cost to us of carrying out the work is subsequently increased by reason of increases in the cost, labour and/or any other factor outside our control, then we shall notify you before undertaking any work to which the increase will apply. If you require us to discontinue the work, you shall only be required to pay us for the work already carried out.

10.4 The Language Room reserves the right to refuse the translation of texts should the content be deemed inappropriate for our company.

11. Warranty

11.1 We warrant that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.

11.2 If you have any comments on the work performed these should be made immediately upon reception and no later than 1 (one) working day after receipt of the goods unless agreed otherwise. These comments once received by The Language Room will be dealt with in order to rectify and amend as wished by the client. This operation can be performed only once on the same work. After this, the client will have to agree and accept the work performed by The Language Room. Should further changes being required, these will be charged at the current per word rate for translation or proofreading.

12. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

13. Liability

13.1. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach or default in the discharge of your obligations.

14. Delivery

The translations will be delivered via our platform or by email except if a postal delivery is requested and paid for. In that case, please make sure to give us the accurate address where the translations should be sent to. The delivery can also be done to your platform if requested. 

15. Governing Law and Jurisdiction

Parties to this Agreement agree to submit to the exclusive jurisdiction of the courts of Scotland.

16. Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written.

17. Third Party Rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

18. Customer Services

18.1. To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them, please write or telephone us at the address and telephone number which can be found in the ‘Contact’ page of this website.

18.2. If you are unhappy with. them please write or telephone us at the address and telephone number which can be found in the ‘Contact’ page of this website.

Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.

19. Changes to Terms and Conditions of Business

We reserve the right to make changes to our Terms and Conditions.

20. Data Protection

You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.

21. Translations 

21.1. The translation(s) will remain accessible for download by the client for a period of three months after completion unless otherwise agreed.

21.2. The client agrees that the translation(s) will not form the substance of any legal agreement without prior review by a competent professional in the country of intended use. The Language Room will not be liable to correct any errors or omissions that were inherent in the original client ‘s text and which may or may not affect the quality of the translation(s).

21.3. The Language Room reserves the right to refuse to translate any material of an offensive nature, defamatory, obscene, in breach of any statutory or regulatory obligation, or otherwise considered inappropriate by The Language Room, in its sole discretion.

21.4. If the client and The Language Room agree that the services can be provided on account, then the following terms shall be applicable: the first named person on the account is the authorised user, who has authority to add/remove users to the account; additional users can be added to one account by means of the authorised user notifying The Language Room, and such additional users shall have access to the website and use of the services. It is the responsibility of the client to nominate and remove users, The Language Room accepts no liability in relation to user access to the account; and payment can be via multiple credit cards or by purchase order. 

21.5. The Language Room will need to approve the purchase order prior to any Order being commenced and the Client agrees that The Language Room may conduct credit checks before accepting a purchase order.

22. Intellectual Properties

All Intellectual Property Rights (including, but not limited to copyright) in the source text(s) and, subject to full payment of the charges for the relevant services, the translated texts, shall vest in the client.

The client grants to the Language Room (and its employees, agents and sub-contractors) a licence to use the source materials and the translated text for the purposes of providing the services to the client, this licence includes the right to hold and store the source materials and the translated text after the services have been provided, in accordance with the terms of this Agreement.

The Language Room may use the client’s company name, trade names and trademarks in order to publicise the fact that the client is a customer of The Language Room.

Except as expressly provided in this clause, neither party assigns or licenses any Intellectual Property Rights to the other.

The client warrants that the source materials do not, and will not, infringe, any Intellectual Property Rights of any third party and that by using the source materials in the performance of the services The Language Room shall not infringe any Intellectual Property Rights of any third party.