Indian Translators

Terms & conditions

for

Clients

Please take your time to read these Terms and Conditions carefully as they form the basis of your contract with Indian Translators. It is implicit that you have accepted the Terms and Conditions as laid out below when you submit your order to Indian Translators.

GENERAL

These general terms and conditions apply to all legal relationships between Indian Translators ("Indian Translators") and the Client, and supersede any terms and conditions referred to, offered or relied on by the Client, unless Indian Translators specifically approves the application of such terms in writing.

QUOTATIONS, CONCLUSION OF CONTRACTS

Quotations and estimates issued by Indian Translators are free of obligation.
Indian Translators may revoke quoted prices or terms of delivery if it has not had the opportunity to view the entire text to be translated prior to issuing the quotation. The Client's oral or written acceptance of the quotation submitted by Indian Translators or, if no quotation was submitted, written confirmation by Indian Translators of an order placed by the Client shall constitute a contract.
Indian Translators may consider as a Client any person or entity that has placed an order with Indian Translators, unless said person or entity has explicitly stated that they are acting on behalf and at the expense of a third party, with whose name and address they shall provide Indian Translators on placing the order.
Agreements with and promises made by representatives or personnel of Indian Translators shall not be binding unless confirmed by Indian Translators in writing.
Any reasonable doubt on the part of Indian Translators about the Client's ability to pay shall entitle Indian Translators to require sufficient security from the Client before executing the order.

CHANGES TO OR CANCELLATION OF ORDERS

Any major changes made by the Client to an order after the contract has been concluded shall entitle Indian Translators to either modify the quoted price and/or term of delivery or refuse to execute the order after all. In the latter case, the Client shall pay for the work already performed.
Cancellation of an order by the Client shall entitle Indian Translators to claim payment of any translation work already performed for that order as well as compensation for hours spent on research for the remainder of the order. Indian Translators shall make the work performed available to the Client at the latter's request, but shall accept no responsibility for its quality.
If Indian Translators has reserved time for the execution of the order, it may charge the Client 50% of the fee for the non-executed part of the work.
Indian Translators may publicly reveal client's credentials and any details in case client does not fulfill claims arising from the above.

EXECUTION OF ORDERS, CONFIDENTIALITY

Indian Translators undertakes to carry out orders to the best of its ability, bringing to bear sufficient professional know-how to meet the purpose indicated by the Client.
Indian Translators shall keep any information provided by the Client strictly confidential and require its employees to do the same. However, Indian Translators shall not be liable for breaches of confidentiality by its employees if it can sufficiently demonstrate that it was unable to prevent the same.
Unless explicitly agreed otherwise, Indian Translators shall be entitled to hire others to execute the order (in full or in part), without prejudice to Indian Translators' responsibility for the confidential treatment and proper execution of the same. Indian Translators shall require any third party involved in the execution of an order to keep confidential anything they may learn in the course of their duties.
The Client shall honor any request for information by Indian Translators about the content of the text to be translated as far as possible, as well as requests for documentation and lists of terms if such are available. Such information and documentation shall be dispatched at the Client's expense and risk.
Client shall inform Indian Translators of special requirements if any prior to issue of quotation. Indian Translators may revoke quoted price if any such requirement is brought up after quotations.

TERM AND DATE OF DELIVERY

Delivery dates are provisional, unless an explicit written agreement stipulates otherwise. Indian Translators shall notify the Client immediately if it perceives that it will be unable to meet an agreed delivery date.
If a fixed delivery date is specifically provided for in writing and Indian Translators fails to meet it for reasons other than matters beyond its control, and if the Client cannot reasonably be expected to brook any delay, the Client shall be entitled to cancel the contract. In such cases, however, Indian Translators shall not be liable to pay any damages whatsoever.
Delivery shall be deemed to have taken place the moment the text is sent by post, fax, telex, courier, modem, the Internet, etc.
Data sent by electronic mail shall be deemed to have been delivered as soon as the medium has confirmed sending the message.
The Client shall help Indian Translators execute the order by doing whatever may reasonably be necessary or conducive to its timely execution.
The Client shall do everything in its power to facilitate delivery of the service produced by Indian Translators under the contract. Any refusal to accept Indian Translators' service shall constitute default on the part of the Client, and the provisions of sub-clause 5 shall apply accordingly, even if no explicit request for acceptance has been made.
In case of delay in delivery, Indian Translators may provide discounts to the client. Indian Translators is not bounded to take any such action and it is solely Indian Translators right to decide the the amount of discount to be offered.
If the work involves input/information from the client or any third party then Indian Translators would not be responsible for any delays due to time taken by interaction and processing of data acquired.
There is no compulsion on Indian Translators to complete the rush jobs in time agreed due to nature of such jobs. The client would be informed if there is a delay and additional time would be awarded by client if possible.

PRICES AND PAYMENT

Quoted prices shall apply only to services conforming to agreed specifications.
Indian Translators shall be entitled to raise the agreed price if it is forced to perform more work or incur more costs than might reasonably have been foreseen on conclusion of the contract as a result of having to work with very difficult or unclear texts, for example, or faulty files or computer programs supplied by the Client. This list of examples is not exhaustive.
50% of the payment shall be given as advance or as agreed in writing by Indian Translators.
50% of the payment shall de done with in 3 days (or as agreed in written) of the completion of the work or as agreed in writing by Indian Translators.
Payment for services supplied under the contract are due prior to commencement of work or, if agreed by Indian Translators, in staged payments for bulk material (or within any other term fixed by Indian Translators in writing). Payment shall be net and in full - without any discount, set-off or suspension - in the currency invoiced. If payment is not made by the due date, the Client shall be in default - immediately and without notice of default being required - as well as owing the statutory interest on the invoice amount from the due date until full settlement.

COMPLAINTS AND DISPUTES

If the Client has any complaints about the service supplied by Indian Translators, it shall submit them in writing as soon as possible, yet never later than 10 days after receiving the said service. Lodging a complaint shall not release the Client from its obligation to pay.
If no complaints are made within the term fixed in sub-clause 9.1 above, the service shall be deemed to have been fully accepted, and Indian Translators shall only act on complaints if it sees fit to do so. Indian Translators' changing any part of the translated or edited text at the Client's request shall in no way constitute an acknowledgement on the part of Indian Translators of having supplied an inferior service.
In the case of a valid complaint, Indian Translators shall be granted a reasonable period of time to improve or substitute the service. If Indian Translators cannot reasonably be expected to perform the required improvements or substitution, it may grant the Client a discount.
The Client's right to complain shall lapse if the Client has itself edited or has hired others to edit the part or parts of the service concerned in the complaint, regardless of whether it has subsequently supplied the service to a third party or not.

LIABILITY, INDEMNITY

Indian Translators shall not be liable for any damage whatsoever in respect of any inconsistency or ambiguity of service rendered. Indian Translators shall under no circumstance be liable for other forms of damage, such as consequential damage, loss of profits or losses due to delays. Indian Translators' liability shall never exceed the invoice amount of the service in question.
Ambiguity of the text to be translated shall release Indian Translators from any liability whatsoever.
The decision whether the use of a text to be translated/edited or the translation/edited version thereof produced by Indian Translators entails any risk of injury or losses due to injury shall be entirely at the Client's expense and risk.
No liability whatsoever shall be incurred by Indian Translators in respect of damage to or loss of documents, data or data carriers provided by the Client to facilitate the contract's execution. Nor shall any liability be incurred by Indian Translators in respect of costs and/or damage incurred as a result of (a) the use of information technology and telecommunications media, (b) transport or dispatch of data or data carriers, or (c) the presence of computer viruses in any files or data carriers supplied by Indian Translators.
Indian Translators' liability shall never exceed the value of the quotation per event.
The Client shall indemnify Indian Translators against any claims by third parties deriving from use of the service, barring any liability incurred by Indian Translators by virtue of this clause.

CANCELLATION & FORCE MAJEURE

Any failure on the part of the Client to meet its obligations, as well as bankruptcy, a moratorium or liquidation in respect of the Client's company, shall entitle Indian Translators to either cancel the contract (in part or in full) or postpone its execution without any claim to damages on the part of the Client. In such cases, Indian Translators shall also be entitled to demand immediate payment.
If Indian Translators should prove unable to meet its obligations due to circumstances beyond its reasonable control, it shall be entitled to cancel the contract without being liable to pay damages. Such circumstances include, but are not limited to: fire, accidents, illness, strikes, riots, war, transport restrictions and delays, government measures, power failure, disruption of the services of Internet providers, and other instances of force majeure.
If Indian Translators is compelled by force majeure to discontinue execution of the contract, the Client shall still pay for any work performed up until that moment as well as any costs and expenses incurred.

COPYRIGHT

Barring explicit, written agreement to the contrary, the copyright to any translations or other texts produced by Indian Translators shall rest with the same.
The Client shall indemnify Indian Translators against any and all claims by third parties in respect of alleged violation of property rights, patent rights, copyrights or other intellectual property rights relative to the execution of the contract.

100% SATISFACTION GUARANTEE

100% satisfaction guarantee means that Indian Translators will provide corrections in the translation in case there are errors in the translation.
This does not cover difference in opinion of different people as there may be thousands of ways to express a single thought.
This guarantee will not be bounded by the agreed deadline. Indian Translators must be informed about such requirement within 30 days from receiving the said service.
Any changes in original text will not be covered under this guarantee.
Jobs declared rush job will not be covered under this guarantee.
This does not entitles the Client to release from its obligation to pay.
Anything in this regards will be as per Complaints and Disputes Section mentioned above and all other clauses mentioned in this agreement.

ADDITION/CHANGE OF ORIGINAL TEXT

Any additional work arising from change or addition in original text will attract extra charges.
This also includes any additional consultation services required which was not agreed upon before.
The charges will be decided by Indian Translators.
This additional work will follow all clauses mentioned in this agreement.

GOVERNING LAW

All legal disputes are subject to the jurisdiction of Delhi, India only.

CONSENT TO AGREEMENT

By using our Web site, you consent to the collection and use of information by Indian Translators as specified Privacy Policy and you agree that you understand and abide the terms & conditions and consequences of all agreements for Clients and Linguists.