“Company” means Language Linx Ltd, registered in Austria, Wallensteinstraße 12/1, 1200 Vienna with the no. 428916i.
“Client” means the individual or organisation that receives the Company’s services.
“Engagement” means any use of the Interpreter’s service on a temporary basis.
“Contract” means the Contract between the Company and the Client, constituted by these terms of business.
“Interpreting” means any oral interpreting assignment where the Client has asked the Company to deliver consecutive or simultaneous interpretation to include conferencing, training and events, video conferencing and voice-overs.
“Translating” means any written translation from a source material into another language.
“Source material” means any written or audio document provided by the Client for the purposes of translation, localising, editing, proofreading, revising, typing, adapting, rewriting, transcribing, project management, and subtitling.
2. The Contract
2.1 The Contract means the written agreement between the Client and the Company for the supply of Company’s services to the Client.
2.2 The Company does not permit any variation to these terms without prior written approval by the Director of the Company.
2.3 Unless otherwise stated, these terms shall prevail over any other terms of business proffered by the Client.
3. Document confidentiality
All original source documents provided by the Client to the provider will be treated in the strictest confidence at all times and remain the sole property of the Client. The Company is restricted to using the documents for translation and interpreting purposes only.
4. Booking Confirmation
The Client will receive a written booking confirmation prior to the assignment or project, detailing start time, meeting venue, duration and other relevant information. The Client is expected to carefully check all details are correct prior to commencement of the work. The Company shall take no responsibility for errors or oversights found after this acceptance.
It is the Company’s responsibility to deliver the work to the agreed date/time subject to the Client supplying the work to the Company as agreed. All work is to be provided in the required format and medium, whether hard copy, disc, fax, e-mail or web file. Any alteration to the deadline is subject to the Company’s agreement and shall be confirmed in writing by the Company. Unless otherwise specified, the deadline is the date specified on the booking order. The Company shall make every endeavor to complete by the deadline, however, the Company cannot accept responsibility for delays in fulfilment caused by events that are beyond the Company’s control.
All information divulged by the Client to the Company for the purposes of Translation and/or Interpretation, shall be maintained in confidence by the Company and shall not be shared with any third party organisation or provider, unless expressly authorised by the Client. This excludes all information contained in terminology glossaries, which are compiled by and normally remain the sole property of the Translator, unless the Client has agreed in writing and paid an appropriate fee to the Company for the ownership of such terminology glossary entries governed by these confidentiality terms.
7. Translation provisions
7.1 The Company will try to provide a suitably qualified Language Provider for the assignment wherever possible.
7.2 The Company is not responsible for the quality of any original source documents. It is the responsibility of the Client to provide all written documents in a clear, legible format to aid Translation. The Company and the Language Translator cannot be held responsible for poor translation resulting from badly written or illegible source documents supplied by the Client.
7.3 The Company will supply the most experienced/qualified Language Provider for the assignment at their own discretion unless the Client’s needs are particular.
7.4 The translation will closely reflect the intended meaning of the original document unless otherwise requested by the Client, and will not require adaptation, rewriting or editing, except to correct typographical and any other common sense errors.
7.5 Where a Language Provider is required at short notice or same day, the Company will do its best to supply a suitably qualified Language Provider within the timeframe where possible. For rush translation, the maximum number of words per day is 3,000. Requirements exceeding this will be handled on an ad hoc basis at the Company’s discretion.
7.6 Expansion or contraction of some languages when translated is a natural occurrence of the work and is outside the Company’s control. All quotes are based on the word count of the source text and where significant expansion/reduction in words translated has occurred, the Company reserves the right to add a percentage mark-up or reduction from the total fee.
8. Payment terms
8.1 The Client is normally charged for interpreting on an hourly basis or per 1000 words for translation as agreed on the quotation/booking form. The Client’s fee comprises the Language Provider’s remuneration for delivery of services plus the Company’s commission, and where interpreting services are provided, may also include travel time and transport expenses as pre-agreed with the Client, unless otherwise stated. VAT is payable on all charges.
8.2 The Client will be invoiced following completion of the work. All invoices are to be paid in full within 14 days from receipt of invoice or as otherwise agreed. Where late payments occur, the Company reserves the right to charge interest subject to the provisions of the European Commission Late Payment Directive, and the Company’s own admin fees. The Client will be responsible for any relevant bank charges incurred due to late payments.
8.3 After 30 days has passed, the Company reserves the right to take legal action at any time to recover any outstanding amounts. This will incur an administrative fee of €130.96 Euros is added to the invoice, and is in addition to any legal fees payable by the Client.
8.4 After a further 30 days has passed, the Company will write to the Client requesting immediate payment in addition to a €30.00 Euros late payment fee, which is added to the invoice.
8.5 Following a period of 60 days, the Client will receive another letter and incur an additional €30.00 Euros late payment charge, which is repeated after 90 days with an additional €30.00 Euros late payment fee.
8.6 Discounts on quoted prices will only apply if invoices are paid in full within 30 days, otherwise the Client will be expected to pay the full cost.
8.7 The Client shall not be entitled to withhold payment of any amount based on a disputed claim in respect of other services rendered by the Company, alleged breach of Contract or any other Contract between the Company and the Client, or where monies are allegedly owed by the Company to the Client.
8.8 The Client shall not under any circumstances be entitled to withhold or delay payment on account of any third party withholding or delaying payment to themselves.
9. Client liabilities
9.1 Where a booking is delayed for any reason, which is outside our control, the Client shall still be liable to pay all charges in relation to the original booking agreement.
9.2 Either during or after the interpreting assignment, the Client agrees to refrain from either directly or indirectly approaching, soliciting or employing the same Interpreter within an 18-month period from the completion of the work. Where the Client is found to breach this clause, he/she will reimburse the Company for all sums actually or potentially due under the terms of these Terms and Conditions.
9.3 Upon receipt of translation, it is the Client’s responsibility to check the document(s) and notify the provider of any errors or changes to be made. Any corrections made by the Company will be completely free of charge within 30 days. Any other modifications incurred by the Client such as text revisions, amendments and additions to content, style and layout will result in additional fees being charged.
9.4 If the Client requires their translation in the same specific typeset/format as the original document, the Company will ask for the original electronic file to be provided so that the Language Provider can translate directly into the same format. Where translated text is longer or shorter than the original, the Company may have to re-quote the Client. Where the source document is not available and typesetting is required, this will be completed with the Client’s permission and at an extra cost.
9.5 Where an interpreter incurs extra work and or travel time outside that originally quoted, the Client will be invoiced the additional costs based on the quoted rate to the nearest 15 minutes.
9.6 The Client agrees to indemnify the Company against any damages, claims, losses and expenses incurred by the Company regarding materials provided or approved by the Client for the Company’s use during an assignment. This includes any hazardous conditions or materials encountered by an Interpreter while attending a Client’s premises during an assignment.
9.7 Where the Company considers such an encounter to be a breach of Contract, the Company reserves the right to discontinue or withdraw from providing such services.
10. Provider liabilities
10.1 The Company shall not be responsible for any changes made by the Client or a third party following completion of the translation or interpreting work. This includes any further work carried out by any Third Party Translator, Interpreter or translation provider regarding work originally completed the Company.
10.2 The Company takes every effort to deliver Client satisfaction and quality of service by supplying skilled and experienced Language Provider in accordance with the Client’s booking confirmation. The Company is not, however, responsible for any damages resulting in any failure to provide a Language Provider for all or part of the booking, or from the negligence, dishonesty, misconduct or lack of skill of the Language Provider.
10.3 The Company shall not be held liable for negligent misrepresentation made either orally or in writing, either directly or indirectly, prior to the Contract of work. The Client shall not be permitted to rescind The Contract based on these grounds.
10.4 The Company shall only assume limited responsibility on any grounds based solely on the invoiced value of the work.
In the unforeseen event a Language Provider is absent either prior to or during an assignment due to sickness, injury or personal circumstances beyond the Company’s control, the Company will try its best to find a suitable replacement of equal skill and or qualification, however, the Company does not accept liability for failure to do so.
12.1 If the Client wishes to cancel a translation, the following rates apply: cancellation of the order within 24 hours of the order date incurs a 50% payment of the total fee. The full amount becomes payable for any orders cancelled after this time.
12.2 Where the Client decides to reschedule or put a translation on- hold, the Company will charge an admin fee of €32.74 Euros to cover the cost of reprocessing the work, unless the Client resumes the work within 1 week (7days) of the cancellation date where no fee shall be incurred.
12.3 Interpreting work cancelled by the Client within 24 hours of the scheduled interpreting date will be charged at 100% of the total cost while any assignment cancelled within 48 hrs will be charged at 50%. Any work cancelled before this time shall not be chargeable. Such charges are to cover the cost of lost time and resources in reallocating an Interpreter’s work.
12.4 If for whatever reason, the Company has to cancel, postpone or reschedule the Client’s booking, the Company will try to give the Client as much notice as possible by phone, email, text, or fax. The Client will not be charged for the work under these circumstances.
13.1 Where an original source document is under copyright, the Company can assume that the Client has the translation rights from the copyright owner(s) and that the translation is for private purposes only.
13.2 The Client should be aware that translation into another language can also be allocated separate copyright, and that copyright ownership under intellectual property law is not transferable to the Client unless a Contract has been agreed and a payment has been made in respect of the transfer of copyright.
13.3 In case of defaulted payments, the Company is not obliged to protect any copyright, trademark, confidentiality or other right of the Client. The Company reserves the right to retain all file copies of the materials to be translated.
13.4 The Company shall not be held responsible for any infringement of copyright and/or translation rights, or for any legal action which may result from the original source documents or translated works.
14. Complaints and refunds
14.1 The Company always tries to provide the best possible customer service at all times, however, in rare cases where problems occur that are either within or beyond the Company’s control, the Company will review and rectify the work where possible completely free of charge, within 30 days of the order date. Any complaints or requests to change the work after the 30-day period should be made in writing to the Company’s Head Office and will be reviewed at the Company’s sole discretion either free of charge or for an appropriate fee.
14.2 If after careful investigation, the Provider has failed to rectify or resolve the situation, a full or part refund may be made to The Client at the Company’s sole discretion. The Client shall be notified in writing of the outcome of any enquiry in due course.
14.3 The Company does not accept any liability whatsoever for losses, damages, claims or expenses arising out of services provided by the Company or its Interpreters.
15. Unresolved disputes
Where a dispute between the Company and the Client cannot be resolved, the case shall be heard before a court of law whose adjudication shall be binding and final. Any legal costs arising from such a court hearing shall be borne by the losing party as decided in court. Where a Contract may exist in another language as well as German, the interpretation of the German Contract shall become binding.
16. Changes to Terms and Conditions
The Company reserves the right to make changes to these terms from time to time and as it sees fit. Any changes will be made only with prior written agreement with the Client.
17. Governing Law.
These Terms and Conditions shall be governed by Austrian law.