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CLACKSON PARTNERS

GERMAN LANGUAGE SERVICES

 West Manse, Sanday, Orkney, KW17 2BN, U.K.

              Telephone:           +44 (0) 1857 600 287

              Facsimile:            +44 (0) 1857 600 287

              Electronic mail:   partners@clackson.com

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TERMS AND CONDITIONS OF ACCEPTANCE OF LANGUAGE SERVICES PROVIDED BY CLACKSON PARTNERS

1. These terms and conditions shall be incorporated into each contract for services undertaken by Clackson Partners to the exclusion of all other terms and conditions, unless expressly agreed otherwise by Clackson Partners with the Client.

2. A contract between the Client and Clackson Partners shall be deemed to have been entered into from the moment an assignment tendered by the Client has been accepted by Clackson Partners either verbally or in writing or otherwise.

3. The standard fees charged for translation and localisation work are proportional to the length of the translated or localised text, subject to a minimum charge.  The length of a text will normally be expressed in number of lines (one line being 53 keystrokes).  (Other methods of defining the length of text, such as number of words, may be adopted by agreement between Clackson Partners and the Client.)  In determining the length of a text: numbers, names and addresses, references, headers, footnotes, dates and all characters are included.  Alternatively, at the sole discretion of Clackson Partners, for texts where the length is difficult to determine (e.g. with PowerPoint® presentations) or where the amount of work required is out of proportion to the quantity of text (e.g. with drawings, table reproductions), fees for translation and localisation work may be charged at a quarter-hourly rate.  At their absolute discretion, Clackson Partners reserve the right to charge a higher fee for work which in their opinion is of a difficult nature.  The Client will be notified of the method to be used for calculating the fees, and whether a higher rate applies, before the assignment is accepted. 

4. If requested to do so, Clackson Partners will provide an estimate of their expected fees for translating or localising a piece of written material submitted prior to entering upon any agreement to do so, but it will be an estimate  supplied for guidance only, and the cost of the work shall be charged in accordance with the rates current at the time at which the work is undertaken. 

5. The fees charged for translation and localisation work are made on the basis that the work will be undertaken in sequence with the other work being carried out by Clackson Partners.  Where Clackson Partners are asked to carry out work urgently, the right to add a surcharge for expedited delivery is reserved, and the Client will be notified whether the surcharge applies before the assignment is accepted.  If requested to do so, Clackson Partners will give an estimate of the time likely to be required to complete and submit a translation or localisation to the Client, or will indicate whether a deadline suggested by the Client could be worked to.  Clackson Partners will endeavour to complete and submit the work within the estimated time or by a deadline acceptable to Clackson Partners (indeed Clackson Partners has an excellent reputation in this respect), but it will not be a term of the contract  to complete and submit the assignment within the estimated time or by the deadline, and Clackson Partners will not be liable for any consequences of not having completed and submitted the assignment within the time estimated or by the deadline accepted.

6. Fees for interpretation work conducted at the premises of Clackson Partners, including by means of communication facilities (e.g. telephones), will be charged at a quarter-hourly rate, based on the length of the interpreting session plus the time spent on preparation, together with expenses incurred in the course of carrying out the interpreting (such as telephone charges).   Fees for interpretation work carried out away from the premises of Clackson Partners will be based on a daily or half-daily rate together with overtime and necessary travelling and accommodation expenses. 

7. Except when interpreting by telephone, Clackson Partners will not normally make any charge for necessary telephone calls in the course of providing language services to the Client.  If texts on paper are to be delivered within the United Kingdom by means other than that of first or second class post, an additional delivery charge may be payable by the Client.  Texts on paper delivered abroad will normally be sent using the standard air-mail services.

8. If requested to do so, Clackson Partners will provide an estimate of their expected fees for interpretation work prior to entering upon any agreement to do so, but it will be an estimate supplied for guidance only, and the cost of the work will be charged in accordance with the rates current at the time at which the work is undertaken.

9. Clackson Partners reserve the right, in exceptional cases, to agree with the Client a fixed or maximum price for any of their language services.  

10. If, after a contract for services has been entered into between Clackson Partners and a Client, that contract is cancelled by the Client, Clackson Partners will charge the Client for all work done (including, where appropriate, preparatory work) on the assignment before cancellation, and reserve the right to make an additional charge to compensate for any resulting inability to undertake other work.

11. Payment of invoices is due one calendar month from their date, late payments will incur interest of five percent per month.  Clackson Partners reserve the right to request payment on account before any contract is entered into for work to be undertaken on particularly long or difficult translations or localisations, assessment of length and difficulty being at the sole discretion of Clackson Partners.  Ownership of work shall not pass to the Client until full payment has been received by Clackson Partners

12. Unless otherwise agreed, Clackson Partners retain the copyright on all their translations and localisations, and permission from Clackson Partners, which may be subject to a fee, is required by the Client before this material may be passed on to third parties. 

13. The Client is responsible for ensuring that texts supplied to Clackson Partners for translating or localising are legible and complete and for ensuring the texts' safe and sound delivery (including freedom from computer viruses) to Clackson Partners' premises by whatever means utilised (e.g. post, electronic mail, facsimile) A surcharge may be added for hand-written or poor quality source texts.  Clackson Partners cannot be held responsible for misinterpretation of documents whether as a result of poor quality copy through transmission, incompleteness, or for other reasons. 

14. The Client is responsible for notifying Clackson Partners at the time the assignment is submitted of cases where confidentiality is to be observed.  Clackson Partners will endeavour to maintain confidentiality in such cases to the best of their ability, including undertaking to destroy printed copies of confidential material and to delete computer files containing confidential material once the assignment they apply to has been delivered and they are no longer required.  However, Clackson Partners shall not be liable for any breaches of confidentiality, or the consequences thereof, occurring as the result of interception of the material during transit by post, electronic mail or other means, as the result of the actions of computer viruses or of computer hackers, as a result of theft or burglary or other criminal act, or as the result of surveillance operations or espionage. 

15. Where more than one interpretation of a word or phrase appearing in a text submitted for translating or localising or spoken during an interpreting session is possible, Clackson Partners will choose at their discretion the translation or adaptation which appears to them to be the most suitable for the context. 

16. Advertising, publicity material, slogans and similar items intended for publication are translated to the best of Clackson Partners' knowledge and ability, however all translation of this kind should be submitted to the market for which it is intended prior to printing, and approval obtained. 

17. Every endeavour will be made by Clackson Partners to carry out their work accurately and competently, however Clackson Partners shall not be liable for any loss or damage, however caused, to the Client or to third parties occasioned by the failure to accurately and wholly translate any text submitted for translation, accurately and wholly localise any text submitted for localisation or accurately and wholly interpret any spoken words uttered for interpreting, or for any delay, incompleteness or errors, for whatever reason, except to the extent of either rectifying the deficiencies in their work or repaying the contract price of the work undertaken, the choice of which is to apply being at the discretion of Clackson Partners

18. Clackson Partners shall not be liable for any loss or damage, however caused, to the Client or to third parties arising from assignments being delayed, damaged, altered or lost in transit, whether conveyed by post, by electronic mail or by other means.  

19. Clackson Partners shall not be liable for any loss or damage, however caused, to the Client or to third parties arising from malfunctioning of communication facilities or faults in the electricity supply. 

20. Clackson Partners shall not be liable for any loss or damage, however caused, to the Client or to third parties arising from computer malfunctioning, defective hardware, software bugs, the inadvertent transmission of computer viruses, the actions of computer viruses or mischief caused by computer hackers.

21. Clackson Partners reserve the right to refuse, without giving any reason, to undertake any assignment submitted to them.   Clackson Partners will not accept any assignment or carry out any work they believe to be illegal, libellous, slanderous or immoral.  Where permission is required under copyright or other laws for the translating or localising of any text, it is the obligation of the Client to obtain all necessary consents prior to submitting the work to Clackson Partners, and Clackson Partners shall assume when accepting assignments that all necessary consents have been obtained.  The Client agrees to indemnify Clackson Partners in respect of any claims, costs, proceedings or expenses arising out of any breach of copyright, patent or design laws, or as a consequence of any libellous, slanderous or illegal matter being translated, localised, interpreted or reproduced for the Client, or as a consequence of the publication of any text which has been translated or localised by Clackson Partners infringing any rights of a third party, or as a consequence of any spoken words interpreted by Clackson Partners on behalf of the Client infringing any rights of a third party. 

22. Client's property and all property supplied to Clackson Partners by or on behalf of the Client will be held, worked on and carried at the Client's risk (and the Client will take all necessary steps to insure the same).  Clackson Partners will endeavour to take proper care of all documents and other material submitted to them but Clackson Partners will not be liable for the loss of any document or other material howsoever caused or for the consequences of any loss either direct or indirect. 

23. Without prejudice to other remedies, Clackson Partners shall in respect of all unpaid debts due from the Client have a general lien on all goods and property in their possession (whether worked on or not) and shall be entitled on the expiration of twenty-one days notice to dispose of such goods and property as they think fit and to apply any proceeds towards such debts. 

24. Every effort will be made by Clackson Partners to carry out the contract for services entered into between Clackson Partners and the Client , but its due performance is subject to cancellation by Clackson Partners or to such variation as may be necessary as a result of inability to secure services, materials or supplies or as a result of any Act of God, war or labour dispute, fire, flood, drought, environmental disaster, pestilence, illness, legislation or other cause (whether of the foregoing class or not) beyond Clackson Partners' control.

25. In the event that any provision of these terms and conditions be held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by the enforceable provision that comes the closest to the intention underlying the unenforceable provision. 

26. These conditions and all other express terms of the contract for services entered into between Clackson Partners and the Client shall be governed and construed in accordance with the laws and the courts of Scotland.

(Valid from 25th September 2001)

 


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