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Client Terms and Conditions

Please refer to the following for our client terms and conditions, including our refund policy. If you have any questions or concerns about the terms and conditions, please email us at info@kingsoftranslation.co.uk with your name and order number in the Subject line.  

 

Client Terms and Conditions

These terms and conditions apply to all client interactions with Kings of Translation from the submission of a quote for service, and throughout the provision of translation services following the client’s acceptance of a quote from Kings of Translation.

 

1            In these terms and conditions, the following definitions apply:

 

1.1       “Accepted Quote” is defined as a Quote accepted in writing by the Client

 

1.2        “Client” is defined as the party who has requested translation services from Kings of Translation (or who has had translation services requested on their behalf) as subsequently named in the Quote;

 

1.3        “Confidential Information” is defined as any proprietary information, expert insight and data in relation to the Source Materials and the Deliverables, disclosed in confidence by one party to the other party (with one of the parties being the Client), but does not include any information which is (a) in the public domain; (b) previously known to the other party prior to receipt of Source Materials; (c) provided to the other party by a separate third party source at any time after the date of receipt by the first party; (d) required by law to be disclosed by the other party;

 

1.4       “Contract” is defined as comprising an Accepted Quote and these terms and conditions, and becomes valid upon agreement of terms by both parties;

 

1.5       “Deliverables” are defined as the final deliverables as specified and agreed by both parties, produced as a result of the Services;

 

1.6       “Intellectual Property” includes all copyright, trademarks, designs, patents, domain names, concepts, expertise, trade secrets, logos and all other similar property and rights whether registered or unregistered;

 

1.7       “Quote” is defined as the written quote outlining the costs and timeframe, issued by Kings of Translation to the Client, for the client’s approval;

 

1.8       “Services” is defined as the services specified in the Quote;

 

1.9       “Source Materials” are defined as the document/s for translation provided by the Client to Kings of Translation for translation, as identified in the Quote;

 

1.10      Kings of Translation refers to Kings of Translation, LTD a company registered in United Kingdom, providing translation services to the Client;

 

1.11      “Website” refers to Kings of Translation’s website at www.Kings of translation.co.uk;

 

1.12      “Working Day” is defined as any week day, from Monday through Friday, except in the case of any day designated as a public holiday in the United Kingdom, and specifically excludes Saturday and Sunday.   

 

2            Requests for translation services

 

2.1        Each request for translation services submitted to Kings of Translation is made subject to these terms and conditions. All Source Materials provided to Kings of Translation will be handled according to the stipulations covered in these terms and conditions.

 

2.2        An Accepted Quote must be the basis of every ‘Contract’ formed between the Client and Kings of Translation. The Contract cannot exist without the prior submission of an Accepted Quote in relation to any request for translation services or the submission of Source Materials. Once there is an Accepted Quote, a ‘Contract’ is formed between the Client and Kings of Translation confirming the services and other details described in that quote.

 

2.3        Subject to clause 2.4, Kings of Translation will issue a Quote after receiving a client’s request for translation services which must be submitted in accordance with the procedures stated on the Website.

 

2.4        Kings of Translation reserves the right to decline to issue a Quote or to provide any translation services if Kings of Translation considers the Source Materials to contain any material to be offensive, obscene, contrary to any law, or inappropriate in any way. While Kings of Translation is entitled to assess the Source Materials at their discretion, they have no obligation to review the appropriate content or legality of the Source Material.

 

3            Provision of Services

 

3.1        Upon receipt of the Client’s deposit as specified in the Accepted Quote, Kings of Translation will provide the Services as agreed in the Quote, in accordance with Kings of Translation’s standard procedures as outlined on the Website at the time the Quote was issued.

 

3.2        The Client must provide all relevant information as requested by Kings of Translation in order for Kings of Translation to complete the translation services as required. It is the Client’s responsibility to ensure that all supporting information is complete and accurate.

 

3.3        Kings of Translation provides services at a range of specified quality levels. It is the Client’s responsibility to select the preferred level of service based on their requirements. It is not the responsibility of Kings of Translation to assess whether the quality level is appropriate for the Client’s needs. Kings of Translation will deliver the completed translation at the level of service selected and specified by the client in the Accepted Quote.

 

3.4        The Accepted Quote states the price quoted for the translation based on the word count and nature of the translation, as described by the Client. If the Source Materials submitted by the Client do not match the description provided, Kings of Translation has no responsibility to complete the translation for the price quoted, and they will provide an updated quote based on the length and nature of the Source Materials provided.  The updated quote will be adjusted to allow for any deposit already paid, and to amend the delivery date if necessary.  If the Client is not satisfied with the updated terms, they have the option of requesting a full refund of the deposit. 

 

3.5        If a Client purchases translation services on a Sunday, there will be a minor delay in commencing the translation service, potentially resulting in a slight delay in delivering the completed translation. In this case, Kings of Translation will notify the Client as soon as possible, to ensure the Client understands exactly when the translation service will be completed.  Kings of Translation will endeavour to minimise any delay.  

 

3.6        Kings of Translation is not responsible for the quality of the Source Materials provided by the Client, and is not obligated to review the material for typographical or any other errors or or to correct any errors or omissions contained in any Source Materials.  As a result, Kings of Translation is not responsible for the impact of such errors or omissions on the quality of the Deliverables.  

 

3.7        Kings of Translation will issue the Deliverables to the Client upon completion of the Services and subject to the Client’s submission of all outstanding payments in relation to the translation service.

 

3.8        Kings of Translation will deliver the Deliverables to the Client in accordance with the terms specified in the Quote, and based on Kings of Translation’s applicable standard practices and procedures. Kings of Translation will endeavour to issue the Deliverables on or before the agreed delivery date / time, or within a reasonable time where no specific delivery date/ time is established. Kings of Translation accepts no liability for any delay in meeting the applicable timing.

 

4            Charges and payment

 

4.1        The Client will pay all applicable fees as specified in the Quote; these fees are due for payment or invoiced in accordance with clause 4.2 or clause 4.3 (as applicable) unless alternative arrangements for payment are specified in the Accepted Quote.

 

4.2        In this clause 4.2, ‘400’ is determined in the currency specified in the Quote (which will be either GBP or EURO). Except where clause 4.3 applies, payment of the fee will be as follows:

 

(a)         for fees of 400 or less, the total amount is due prior to commencement of the Services;

 

(b)         for fees greater than 400:

 

(i)          a deposit of 50% of the total amount payable is due prior to commencement of the Services; and

 

(ii)         the remaining 50% of the total amount payable is due prior to release of the Deliverables to the Client; and

 

(c)          if the duration of the Services is anticipated to exceed 30 days:

 

(i)          a deposit of 30% of the total amount payable is due prior to commencement of the Services;

 

(ii)         30% of the total amount payable is due half way through the expected duration of the Services (for example if the Services are anticipated to take 40 days, the second payment is due on day 20); and

 

(iii)        the final balance of 40% of the total fee is due prior to release of the Deliverables to the Client.

 

4.3        Where the Client has a Credit Account with Kings of Translation:

 

(a)        when Kings of Translation anticipates Services to be completed in less than 30 days, invoices will be issued to the Client as follows:

 

(i)         a 50% deposit of the total amount payable to be paid prior to commencement of the Services; and

 

(ii)       the remaining 50% of the total amount payable is due prior to release of the Deliverables to the Client;

 

(b)       when Kings of Translation anticipates the timeframe of Services to exceed 30 days, invoices will be issued to the Client as follows:

 

(i)        a 30% deposit of the total amount payable is due prior to commencement of the Services; and

 

(ii)      30% of the total amount payable for the relevant Deliverables is due half way through the expected duration of the Services, (for example if the Services are expected to take 40 days, the second invoice will be issued on day 20); and

 

(iii)      the final 40% of the total amount payable is due prior to release of the Deliverables to the Client.

 

For clients with a Credit Account, all invoices are due for payment within [14 days] of the date of the invoice, provided that where clause 4.3(b) applies, Kings of Translation will not release the Deliverables to the Client until the Client has paid the first two invoices in respect of those Deliverables (that is, the Client must have paid, in aggregate, 60% of the total amount payable for the Deliverables before the Deliverables will be released to the Client).

 

(c)       if the duration of the Services is expected to exceed 60 days, Kings of Translation will issue monthly invoices to the Client, unless otherwise specified in the Quote. The total amount payable will be divided into a per month amount, based on the expected duration of the Services.

 

4.4        All payments must be made in full without deduction or set-off.

 

4.5        Any applicable taxes and duties such as value added tax, are added to the amount charged.

 

4.6        If any amount of the fee remains unpaid by the due date:

 

(a)        Kings of Translation may charge interest on that amount at 10% per annum calculated from the due date until the date that payment is received by Kings of Translation;

 

(b)        Kings of Translation may suspend provision of Services or may cease to provide the Services or Deliverables and may terminate the Contract at their discretion in accordance with clause 10.2.

 

4.7        Where the Client uses a credit card to pay a deposit (an amount payable prior to commencement of the Services), the Client’s credit card will be stored in Kings of Translation’s third party online secure payment processing provider, Stripe.com. Your card will be charged for the outstanding amount, upon completion of the job and prior to the files being released.

 

5            Refund policy

 

5.1        Kings of Translation will provide a refund to the Client in respect of the affected Services if:

 

(a)      the Client terminates a Contract (or partially terminates a Contract) under clause 10.1, if the translation is no longer required;

 

(b)      Non–Delivery of Translation: the electronic translation is not delivered to the Client after 4 Working Days from the delivery date specified in the Accepted Quote; however, no refund will be made if the Client has not provided all information as requested by Kings of Translation, in a timely manner;

 

(c)      Translations not-as-required: the supplied Deliverables are significantly different from the deliverables required by the Client as specified in the Accepted Quote (for example, the Deliverables are in the wrong target language); or

 

(d)      Translations contain gross errors: if the Deliverables contain gross errors, the Client must request any revisions to identify and correct errors within the stipulated period. The Client will not be eligible for any refund if the errors are identified or if revisions are requested after the stipulated period.

 

5.2        In the event of any monetary refund, the return payment will be 100% of the amount paid by the Client for the affected Services excluding courier and handling costs. The Client will only be eligible for a refund if the following actions/conditions have been met/completed within 10 Working Days of submitting the relevant Deliverable to the Client:

 

(a)         The Client must request any refund from Kings of Translation, in writing via email to info@kingsoftranslation.co.uk. A phone call will not be sufficient. The refund request must include: Order #, date of commission, company name, contact name provided for invoice, e-mail address used at the time of the commission and the manner in which the service was paid (Credit Card, Cash or Remittance).

 

(b)         Prior to dispatch of Source Materials, the Client completed the checklist requested by Kings of Translation, providing the appropriate background, overview, audience, language tone, reserved words and glossary terms, as required for a Kings of Translation translator.

 

(c)         Where applicable, the Client has clearly explained why any rectifications proposed by Kings of Translation would not be effective.

 

(d)         The Client endorses and submits an undertaking clearly stating that the relevant Deliverables will not will not be used by the Client in part or in whole for personal, business, commercial or any other purposes.

 

5.3        Kings of Translation will endeavour to investigate and process refunds within 2 Working Days of receipt of a refund request, where applicable where applicable. However, refund requests may take up to 2 weeks to investigate and process. Once Kings of Translation has determined whether a refund will be submitted, the Client will receive a response to their request. If Kings of Translation determines that the refund request meets the requirements of this clause 5, Kings of Translation will notify the Client in writing and advise the payment method that will be used to refund the monies paid.

 

6            Intellectual Property

 

6.1        The Client retains ownership of any Intellectual Property in the Source Materials and the Deliverables. The work of Kings of Translation does not affect the ownership of the Intellectual Property.

 

6.2        Kings of Translation retains ownership of all Intellectual Property relating to the processes, methodology and expertise engaged in the performance of a Contract. Nothing in any Contract transfers any of Kings of Translation’s Intellectual Property to the Client.

 

7            Confidential Information

 

7.1        The parties recognise and acknowledge the sensitive nature of the Confidential Information.

 

7.2        Neither party may disclose any Confidential Information other than:

 

(a)         to its directors, employees, contractors or subcontractors to the extent required to complete the Contract;

 

(b)         with the express prior written consent of the other party; or

 

(c)         to its professional advisers.

 

8            Client warranties

 

8.1        The Client represents and warrants to Kings of translation that:

 

(a)         the Client owns or has all the rights in the Source Materials necessary to entitle it to submit the Source Materials to Kings of Translation and that the Client is not infringing the Intellectual Property rights of any third party by requesting the translation Services;

 

(b)         the Client has not submitted and will not submit anything to Kings of Translation or to its Website that will or could interfere with the functioning of Kings of Translation’s systems and/or the Website; the Client will not use anything in respect of its use of the Website, the Services or otherwise in connection with Kings of Translation (whether a device, software or any other thing whether embedded into the Source Materials or otherwise) that will or could interfere with the functioning of Kings of Translation’s systems and/or the Website; and

 

(c)         the Client has the authority and ability to enter into and perform its obligations under this Agreement.

 

8.2        The Client indemnifies Kings of Translation against any losses, costs (including legal costs on a solicitor and own client basis), expenses, demands or liability whether direct, indirect, consequential or otherwise, and whether arising in contract, tort (including negligence), equity or otherwise, arising out of a claim by a third party where the claim arises from any breach of the representations and warranties made by the Client in this clause 8.

 

9            Kings of Translation’s warranties

 

9.1        Kings of Translation warrants that it has authority and ability to enter into and perform its obligations under this Agreement.

 

9.2        Except as expressly provided in these terms and conditions, all warranties, terms and conditions (including, without limitation, warranties and conditions as to fitness for purpose and merchantability), whether express or implied by statute, common law or otherwise, are excluded by Kings of translation to the extent permitted by law.

 

10         Termination

 

10.1     The Client may terminate a Contract (or, subject to this clause 10.1, part of a Contract) without cause, by giving written notification to Kings of Translation at any time up until 30 minutes after the Contract’s first payment has been received by Kings of Translation. The Client may only terminate part of a Contract where the Accepted Quote indicates separate pricing for the Services that are no longer required. Where a Contract is partially terminated under this clause, the Client must specify the Services that are no longer required at the time of giving notice of termination,

 

10.2     Kings of Translation may terminate the Contract by giving written notice to the Client, if the Client fails to pay any overdue amount within five days, following written notice from Kings of Translation requiring payment.

 

10.3     Without limiting Kings of Translation’s rights under clause 10.2, either party may terminate the Contract immediately if the other party:

 

(a)      breaches any of its obligations under the Contract and fails to remedy the breach within 20 days of receiving notice requesting the breach to be remedied; or

(b)      becomes insolvent or goes into liquidation; has a receiver or statutory manager appointed over its assets; ceases to carry on business or makes any arrangement with its creditors.

 

10.4     On termination of a Contract:

 

(a)      any amounts due to Kings of Translation will become immediately due and payable;

(b)      the provisions of the Contract that are intended to survive termination will remain in full force.

 

11         Liability

 

11.1     Subject to clause 11.2, Kings of Translation will be liable for direct loss only (excluding loss of business or profits and excluding all consequential loss) up to a maximum of GBP 100.

 

11.2     For ‘Professional Plus’ Services, Kings of Translation will be liable for direct loss only (excluding loss of business or profits and excluding all consequential loss) up to a maximum of the amount paid by the Client to Kings of Translation for the Services.

 

12         Dispute resolution

 

12.1     Where any dispute arises between the parties in regard to a Contract or the circumstances, representations, or conduct giving rise to the Contract, neither party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause 12.

 

12.2     The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”). The notice must include a nomination of the first party’s representative for the negotiations. The other party must, give written notice to the first party within seven days of receipt of the notice naming its representative for the negotiations. Each representative nominated will have authority to settle or resolve the dispute.

 

12.3     If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the first party’s written notice, then the parties must immediately proceed to mediation.

 

13         Consumer Guarantees Act

 

13.1     If the Client acquires, or holds itself out as acquiring, goods or services from Kings of Translation under a Contract for the purposes of a business, and the Consumer Guarantees Act 1993 would apply were it not for this clause 13.1, the Consumer Guarantees Act 1993 will not apply.

 

14         General

 

14.1     Entire agreement: Each Contract constitutes the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of that Contract.

 

14.2     Amendments: Except as specifically provided, no amendment to a Contract will be effective unless it is in writing and signed by both parties.

 

14.3     Waiver: No exercise or failure to exercise or delay in exercising any right or remedy by a party will constitute a waiver by that party of that or any other right or remedy available to it.

 

14.4     Partial invalidity: If any provision of a Contract or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of the Contract and its application will not be affected and will remain enforceable to the greatest extent permitted by law.

 

14.5     Independent contractor: Kings of Translation is an independent contractor to the Client and remains independent of the Client in all respects. No aspect of any Contract constitutes either party a partner, agent, employee or joint venturer of the other.

 

14.6     Suspension: Kings of Translation may suspend performance of its obligations under a Contract for so long as it is unable to perform for reasons outside of its control.

 

14.7     Assignment: The Client must not assign its rights under any Contract without the prior written consent of Kings of Translation.

 

14.8     Severability: If any provision of a Contract is held invalid, unenforceable or illegal for any reason, the Contract shall remain otherwise in full force apart from such provisions which shall be deemed deleted.

 

14.9     Precedence: In the event of any conflict or inconsistency between these terms and conditions and the Accepted Quote, these terms and conditions will take precedence unless specified otherwise in these terms and conditions.

 

15         Notices

 

15.1      Notices under each Contract must be in writing and sent by post or facsimile to the address or facsimile number specified in the Quote (unless otherwise notified on seven days written notice).

 

15.2     Notices sent by post shall be deemed received 10 days after posting to or from an overseas destination and three days after posting within United Kingdom while notices sent by facsimile shall be deemed received on transmission so long as the sender has a transmission report specifying the correct number of pages sent, the date and time of transmission and that transmission was successful.

 

16         Governing law

 

16.1     Each Contract is governed by and construed in accordance with United Kingdom law and the parties submit to the non-exclusive jurisdiction of the courts of the United Kingdom.