Terms and Conditions
The following terms and conditions apply to services provided by Jennifer Baldwin, CT.
By accessing and using these services, you accept and agree to be bound by these terms and conditions. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in these services will constitute acceptance of these terms and conditions. If you do not agree to abide by the above, please do not use these services.
Definitions
For the purposes of these terms and conditions, the term “Translator” refers to Jennifer Baldwin, and the term “Client” refers to the buyer of the agreed translation services, collectively referred to as “Parties”. Translator operates as an independent contractor under applicable labor laws in the United States and the State of Arizona. Specifically, Translator is not an employee of the Client.
Parties are engaged in the business of translation services (“Services”) and agree to comply with the American Translators Association (“ATA”) Code of Ethics and Professional Practice.
The term “Translation” for the purposes of these terms and conditions means a translation or any other translation-related tasks such as transcreation, editing (revision and review), proofreading, etc., that require the skills of a translator.
Compensation and Payment
Client agrees to pay Translator the fee(s) set forth in each project assignment for Services. Any fee(s) agreed in advance between Translator and Client become(s) binding only after Translator has received and reviewed the source material and Client’s instructions, and Parties have agreed in writing on the project specifications.
Supplementary charges may also be agreed in advance, for example those arising from: (a) inconsistent text, poorly legible copy, or complicated layout or presentation; and/or (b) certification; and/or (c) priority work or work outside normal business hours.
If any changes/revisions are made to the source text or project specifications at any time while the task is in progress, Translator’s fee, charges, and terms of delivery may be adjusted by mutual agreement in writing. In the event a project assignment is cancelled while the task is in progress, Translator’s fee is payable for all work completed up to the notice of cancellation, provided such work is made available to Client.
Payment in full must be made by Client to Translator no later than 30 days from receipt of invoice by the method of payment specified in writing between the Parties. Translator is entitled to charge a late fee for any undisputed overdue payments.
In no event should payment to
Translator be contingent upon payment to Client by the party who commissioned the work.
For long assignments and new business relationships, Translator may request an initial payment and/or periodic installments. If an installment becomes overdue, Translator, upon giving Client a written notice, has the right to stop work until the outstanding payment is received and to extend the deadline(s) for delivery accordingly.
Deliverables
Under no circumstances shall Translator be liable for any delay in delivering or providing Deliverables if such delay results, directly or indirectly, from (a) the failure or inability of Client to provide Translator with prepayments discussed beforehand, as well as complete and/or legible copies of any documents or other materials necessary for the provision of the Deliverables, if applicable, (b) the failure of Client to timely comply with any obligation or to timely provide any other materials or information needed for the preparation and/or provision of any Deliverables, or (c) instances of force majeure or any other reason beyond Translator’s control.
Client’s Review of Translations
As permitted by law, no claim shall exceed the amount of the invoice. Claims must be submitted within 30 days of receipt of the translation provided in order to receive consideration. If the customer is not satisfied with the translation provided, the client must communicate these problems to the translator and give the translator an opportunity to revise the translation to Client’s liking before rates or payment terms are amended.
Translator shall have no responsibility whatever as to any changes in the translation made by persons other than Translator.
Confidentiality
All knowledge and information expressly identified by Client in writing as confidential which Translator acquires during the term of this Agreement regarding the business and products of Client shall be maintained in confidentiality by Translator and, except as expressly authorized by Client in writing, shall not be divulged or published by Translator and shall not be authorized by Translator to be divulged or published by others. Confidential information for purposes of this paragraph shall not include the following:
a. Information which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Translator of this paragraph.
b. Terminological glossary entries compiled by Translator in the course of Translator’s performance of the translation service(s) under this agreement; provided, however, that Client and Translator may agree in writing that, upon payment by Client to Translator of an agreed-upon fee, such terminological glossary entries shall be the property of Client and shall be covered by the confidentiality provisions of this paragraph.
Ownership
Upon Client’s completion of all payments provided herein, the translation of the item(s) described in paragraph 1 above shall be the property of Client. Translator has no obligation to take any steps to protect any copyright, trademark, or other right of Client with respect to the translation, except as may be expressly otherwise provided in these terms and conditions. Notwithstanding the foregoing, Translator shall have the right to retain file copies of the item(s) to be translated and of the translation, subject to the provisions of the “Confidentiality” section above.
Final release of copyrights or other intellectual property rights for translations in printed or electronic form, and audio or video recordings, computer files or graphics, shall only be issued after payment in full of all outstanding balances of the invoice amount, fees, and disbursements due to Translator, including interest.
Indemnification and Hold Harmless
Client agrees to indemnify and hold Translator harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable attorneys’ fees) which Translator may incur based on information, representations, reports, data, or product specifications furnished, prepared or approved by Client for use by Translator in the work performed under these terms and conditions.
Severability
If any provision of the Terms and Conditions is or becomes invalid or unenforceable, it will be severed from the rest of the Terms and Conditions so that it is ineffective to the extent that it is invalid or unenforceable and no other provisions of the Terms and Conditions shall be rendered invalid, unenforceable, or be otherwise affected.
Notification
Translator reserves the right to change these conditions from time to time as she sees fit and your continued use of the services will signify your acceptance of any adjustment to these terms.
Governing Law
This agreement shall be governed by the laws of the State of Arizona.