1. Fees: (binding) Quotations and (non-binding) Estimates
Astra Translation Services shall give no fixed quotation until we have seen all the source material and have received firm instructions from the Client.
An estimate shall not be considered contractually binding, but given for guidance or information only.
Costs of delivery of the translation shall normally be borne by Astra Translation Services. Where delivery requested by the Client involves expenditure greater than the cost normally incurred for delivery, the additional cost shall be chargeable to the Client. If the additional cost is incurred as a result of action or inaction of Astra Translation Services, it shall not be borne by the Client, unless otherwise agreed.
Other supplementary charges, for example, those arising from:
The nature of such charges shall be agreed in advance.
If any changes are made in the text or the Client’s requirements at any time while the task is in progress, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.
Any delivery date/s agreed between Astra Translation Services and the Client shall become binding only after we have seen all the source material to be translated and have received complete instructions from the Client.
Unless otherwise agreed, Astra Translation Services shall dispatch the translation in such a way that the Client can reasonably expect to receive it not later than the normal close of business at the Client’s premises on the date of delivery.
Payment in full to Astra Translation Services shall be effected not later than 30 days from the date of invoice by the method of payment specified. For long assignments or texts, we may request an initial payment and periodical partial payments on terms to be agreed.
Settlement of any invoice, part-invoice or other payment shall be made by the due date agreed between the parties or in the absence of such agreement within the period stipulated in the above clause. Where delivery is in instalments and notice has been given that an interim payment is overdue, Astra Translation Services shall have the right to stop work on the task in hand until the outstanding payment is made or other terms agreed. This action shall be without prejudice to any sums due and without any liability whatsoever to the Client or any third party.
Methods of Payment:
4. Copyright in translations
In the absence of a specific written agreement to the contrary, the copyright in the translation remains the property of Astra Translation Services
Astra Translation Services may use and sell or resell any non-confidential translation or any part or record thereof not covered by copyright, the Official Secrets Act, legal professional privilege or public interest immunity.
Where the translator retains the copyright, unless otherwise agreed in writing, any published text of the translation shall carry the following statement: “© (Spanish or other) text (Astra Translation Services) (Year date)” as appropriate to the particular case.
Where Astra Translation Services assigns the copyright and the translation is subsequently printed for distribution, the Client shall acknowledge Astra Translation Services work in the same weight and style of type as used for acknowledgement of the printer and/or others involved in production of the finished document, by the following statement: “(Spanish or other) translation by (Astra Translation Services)”, as appropriate to the particular case.
5. Confidentiality and Safe-keeping of the Client’s Documents
Astra Translation Services shall at all times exercise due discretion in respect of disclosure to any third party of any information contained in the Client’s original documents or translations thereof without the express authorisation of the Client.
Nevertheless a third party may be consulted over specific translation terminology queries, provided that there is no disclosure of confidential material.
Astra Translation Services shall be responsible for the safe-keeping of the Client’s documents and copies of the translations, and shall ensure their secure disposal.
If requested to do so by the Client, Astra Translation Services shall insure documents in transit form them to the Client, at the Client’s expense.
If a translation task is commissioned and subsequently cancelled, reduced in scope by an act or omission on the part of the Client or any third party, the Client shall pay Astra Translation Services the full contract sum unless otherwise agreed in advance.
The work completed shall be made available to the Client.
If a Client goes into liquidation or becomes insolvent or bankrupt, Astra Translation Services shall have the right to terminate a contract.
Neither Astra Translation Services nor the Client shall be liable to the other or any third party for consequences which are the result of circumstances wholly beyond the control of either party. Astra Translation Services shall notify the Client as soon as reasonably practical of any circumstances likely to prejudice Astra Translation Services’ ability to comply with the terms of the Client’s order, and assist the Client as far as reasonably practical to identify an alternative solution.
7. Complaints and Disputes
Failure by Astra Translation Services to meet agreed order requirements or to provide a translation which is fit for its stated purpose shall entitle the Client to:
Such entitlement shall only apply after Astra Translation Services have been given one opportunity to bring the work up to the required standard.
This entitlement shall not apply unless Astra Translation Services has been notified in writing of all alleged defects.
Any complaint in connection with a translation task shall be notified to Astra Translation Services by the Client (or vice-versa) within one month of the date of delivery of the translation.
If the parties are unable to agree, the matter may be referred by the more diligent party to an arbitration committee.
Such referral shall be made no later than two months from the date on which the original complaint was made.
If a dispute cannot be resolved amicably between the parties, or if either party refuses to accept arbitration, the parties shall be subject to the jurisdiction of the Courts of England and Wales.
In any event these terms shall be construed in accordance with English law.
8. Responsibility and Liability
The translation task shall be carried out by Astra Translation Services using reasonable skill and care and in accordance with the provisions and spirit of a Code of Professional Conduct.
Time and expense permitting, Astra Translation Services shall use their best endeavours to do the work to the best of their ability, knowledge and belief, and consulting such authorities as are reasonably available to them at the time