All translation tasks I undertake from a client are on the following terms. The terms refer to me (Ibrahim) as “I” or “me”, and the client as “you”. By placing an order with me (or by requesting an estimate or quotation from me) you agree to accept them.
Copyright in Source Material and Translation Rights
I Accept An Order From You On The Understanding That Performing The Translation Task Will Not Infringe Any Third Party’s Rights.
You Fully Indemnify Me For Any Claim For Infringement Of Copyright And/Or Other Intellectual Property Rights, Including Any Legal Costs I Incur Defending Such A Claim. You Likewise Fully Indemnify Me For Any Other Legal Action (E.G. Defamation) Which May Arise As A Result Of The Content Of The Original Source Material Or Its Translation; Including Any Legal Costs I Incur Defend Such An Action.
In The Absence Of Any Specific Agreement, The Fee I Charge Will Be Determined By Me On The Basis Of Your Description Of The Source Material, The Purpose Of The Translation And Any Instructions Give Me. I Will Not Give A Fixed Quotation Until I Have Seen Or Heard All The Source Material And Have Received Firm Instructions From You. If I Give You An Estimate, It Is Not Contractually Binding, But Given For Guidance Or Information Only.
A Fixed Quotation I Have Given Will Remain Valid For Thirty Days From The Date On Which I It. After This Time It May Be Subject To Revision.
I Normally Bear The Costs Of Delivery Of The Translation, But If The Delivery You Request Involves Expenditure Greater Than That Normally Incurred For Delivery, The Additional Cost Shall Be Chargeable To You.
I May Make Other Supplementary Charges, But Only If Agreed In Advance. For Example, There May Be Supplementary Charges Arising From:Discontinuous Text, Comp Licated Layout Or Other Forms Of Layout Or Presentation Requiring Additional Time Or Resources;Poorly Legible Copy Or P Oorly Audible Sound Media;Terminological Research; And/OrPriority Work Or Work Ou Tside Normal Office Hours In Order To Meet Your Deadline Or Other Requirements.
If Any Changes Are Made In The Text, Or Your Requirements, While The Task Is In Progress, My Fee, Any Applicable Supplementary Charges And The Terms Of Delivery Will Be Adjusted In Respect Of The Additional Work At My Discretion.
Any Delivery Date, Or Dates You And I Agree, Will Become Binding Only After I Have Seen Or Heard All Of The Source Material To Be Translated, And Received Complete Instructions From You. Unless Otherwise Agreed, I Will Dispatch The Translation In Such A Way That You Can Reasonably Expect To Receive It No Later Than The Normal Close Of Business At Your Premises On The Date Of Delivery.
You Will Make Payment In Full To Me Not Later Than 30 Days From The Date Of My Invoice, By The Method Of Payment We Agree On.
For Long Assignments Or Texts, I May Request An Initial Payment And Periodic Partial Payments On Terms To Be Agreed. If, In Any Such Case, I Have Given You Notice (Or Attempted To Give You Notice) That An Agreed Payment Is Overdue, I Have The Right To Stop Work On The Task In Hand Until The Outstanding Payment Is Made (In Which Case All Agreed Deadlines For The Completion Of The Translation No Longer Apply) Or Other Terms Are Agreed. My Stopping Work In This Way Does Not In Any Way Reduce The Amount Of Payment Due To Me, Or When It Is Due.
I Retain Any Copyright In The Translation. On Request I May Waive This Right, But This Waiver Is Only Effective If It Is In Writing.
If My Translation Is In Any Way Altered Without My Permission, I Am Not In Any Way Liable For The Alterations Or Their Consequences, Nor Will You Attribute The Translation To Me, Or Allow It To Be Attributed To Me. If I Retain The Copyright In A Translation, Or If A Translation Is To Be Used For Legal Purposes, No Amendment Or Alteration May Be Made To The Translation Without My Written Permission. I May Choose To Waive Any Of My Rights Under This Clause, But This Waiver Is Only Effective If It Is In Writing.
No Documents I Am Given Will Be Deemed To Be Confidential Unless You Expressly State This Before I Receive Them. Although I Will Normally Not Disclose The Information You Give Me, Or My Translation, To Any Third Party Without Your Permission, Nevertheless I May Consult A Third Party Over Specific Translation Terminology Queries, Provided That There Is No Disclosure Of Confidential Material.
I Will Carry Out The Translation Task Using Reasonable Skill And Care, And To The Best Of My Ability, Knowledge And Belief (Provided This Is Possible Within The Agreed Time And Expense Constraints), And Consulting Such Authorities As Are Reasonably Available To Me At The Time. The Translation Will Be Fit For Its Stated Purpose And Target Readership, And The Level Of Quality Specified. However, My Liability For Any Grounds Whatsoever (Including, But Not Limited To, Mistakes In The Translation, Late Or Incomplete Delivery Of The Translation, And/Or Disclosures To A Third Party Of The Documents Given To Me, Or Any Consequences Of Any Of These Things) Is Limited To The Invoiced Value Of The Work. Under No Circumstances Will I Accept An Order On Other Terms.
You Will Notify Me Of Any Complaint In Connection With A Translation Task Within One Month Of The Date Of Delivery Of The Translation. If This Is Not Done, I Will Have No Liability Whatsoever.
Any Dispute In Relation To The Terms Of This Agreement Is To Be Decided Under United States Law, And, Where Necessary, By A Court In United States.